Husband's status in canada for Inland PR

[Mrs.YeeKeow]

So sorry if this question has been posted before, I've done a lot of browsing but I can't seem to find an answer to my question.

My husband has been here since January, and we got married in April. We are planning to submit his inland PR application hopefully by next week, as we have finally received our marriage certificate in the mail. We expected to have his application in much sooner and as a result we didn't look into extending his visitor visa and now we are past the 30 day requirement to have it sent in by. I know that visitors without status are allowed to remain in Canada while their inland PR application is in process.

My question is, should we still apply to have his visitor visa extended? Or is it too late for that now? July 24 will be 6 months since he arrived. We plan to submit our application on July 18. Thanks so much for your help.

 

[screech339]

As long as CIC received the visitor extension application form before the 6 month visitor visa expires, the husband will be okay. He will be on "implied status" as a visitor until CIC makes a decision on his extension.

In the meantime, if possible, instead of submitting a visitor visa extension, submit an OWP application at same time with your inland PR application before july 24th. This will also give your husband "implied status" once his visa stay expires. Basically you got a week to get it all sent together to CIC. Remember CIC has to received the application form by july 24. No later.

 

[MaxLet]

Hello Mrs. Yeekeow
Be carefull with the road you are taking. Visitors withouts status are not allowed to stay in canada while PR application is in process.
Do not missunderstand what says on cic website!
The site states that ''Legal status is not require to apply for PR Under sponsorship'' which means that a visa officer cannot rejet your husband just based on the fact that he is out of status, but it doesnt say nothing will happen.
Actually, is not cic who you should be aware of when out of status,... is CBSA. Even if a PR app is in process, and CIC says ok to apply for PR. CBSA can deport your hubby.
DO NOT CONFUSE WHAT THEY SAY AND DO NOT TRY TO GIVE IT A PERSONAL INTERPRETATION... just an advice.. cuz cic can be tricky with teir words!
Where is your hubby from? if he is from USA, he can just go to the border go out and make a U-turn in order to reset his visitor status.

Another thing is to be in implied status... which actually means that if you sent your app, before your visa expire, and you send (with the package) an app to extend your visit, and your visa expires while waiting... then you are in implied, as Screech339 stated.
Hope this helps
Good luck! And God bless

 

[rhcohen2014]

Hello Mrs. Yeekeow
Be carefull with the road you are taking. Visitors withouts status are not allowed to stay in canada while PR application is in process.
Do not missunderstand what says on cic website!
The site states that ''Legal status is not require to apply for PR Under sponsorship'' which means that a visa officer cannot rejet your husband just based on the fact that he is out of status, but it doesnt say nothing will happen.
Actually, is not cic who you should be aware of when out of status,... is CBSA. Even if a PR app is in process, and CIC says ok to apply for PR. CBSA can deport your hubby.
DO NOT CONFUSE WHAT THEY SAY AND DO NOT TRY TO GIVE IT A PERSONAL INTERPRETATION... just an advice.. cuz cic can be tricky with teir words!
Where is your hubby from? if he is from USA, he can just go to the border go out and make a U-turn in order to reset his visitor status.

Another thing is to be in implied status... which actually means that if you sent your app, before your visa expire, and you send (with the package) an app to extend your visit, and your visa expires while waiting... then you are in implied, as Screech339 stated.
Hope this helps
Good luck! And God bless

You are completely misinformed. OF COURSE an applicant can BE IN CAnada during the application process. First of all, this applicant is applying INLAND, which means THEY MUST REMAIN IN CANADA for the ENTIRE duration. Since you applied inland yourself, i would think you know this information. Were YOU IN CANADA during your process? Were YOU in jeopardy of deportation. Probably NOT! There are plenty of posters on here who are not in status and have applicaitons in. While it's not recommended, it does and can happen. If CIC is interested in investigating, they contact the applicant and work with them until they get their AIP approval. Applicants rarely are just arrested and deported on the spot.

Even outland applicants can be IN Canada as a visitor with an application in process. There is NO risk to the application. This is a VERY normal thing! I am in canada right now as a visitor! Please do not suggest information if you don't know it to be fact!

It is also not entirely true that a us applicant can "reset" his stay by leaving and coming back. It doesn't work that way. I would hope if this person IS a US applicant, they would know it's actually best for the applicant to apply OUTLAND since the processing time is speding up to 5-8 months. IF an applicant is already IN canada, it's best to apply for an extension. Extensions requested by PR applicants are RARELY denied.

As to the op, if you ARE a US citizen or visa exempt, definitely reconsider your options. For the most part, outland is the better choice, and the applicant can be IN canada as a visitor. They just can't work.

I believe a person out of status can apply for "a restoration of status" online as long as it's within 90 days of the first visa expiring. If you are not visa exempt, either get the application for an extension in NOW or submit an open work permit with your application BEFORE the last date of the visa.

 

[MaxLet]

You are completely misinformed. OF COURSE an applicant can BE IN CAnada during the application process. First of all, this applicant is applying INLAND, which means THEY MUST REMAIN IN CANADA for the ENTIRE duration. Even outland applicants can be IN Canada as a visitor with an application in process. There is NO risk to the application. This is a VERY normal thing! I am in canada right now as a visitor! Please do not suggest information if you don't know it to be fact!

It is also not entirely true that a us applicant can "reset" his stay by leaving and coming back. It doesn't work that way. I would hope if this person IS a US applicant, they would know it's actually best for the applicant to apply OUTLAND since the processing time is speding up to 5-8 months. IF an applicant is already IN canada, it's best to apply for an extension. Extensions requested by PR applicants are RARELY denied.

As to the op, if you ARE a US citizen or visa exempt, definitely reconsider your options. For the most part, outland is the better choice, and the applicant can be IN canada as a visitor. They just can't work.

I believe a person out of status can apply for "a restoration of status" online as long as it's within 90 days of the first visa expiring. If you are not visa exempt, either get the application for an extension in NOW or submit an open work permit with your application BEFORE the last date of the visa.

I didnt said that he cant stay. I just stated that he needs to keep a legal status and to not confuse the rule of ''a person without status can apply for pr''... the fact that you can apply for pr doesnt actually mean that they will not deport you if they find out you are out of status.
Im not missinformed... as i was out of status myself when i applied... and i had to read everything i could about cic system, call cic several times to understand this. Is you who is missing the point in my suggestion. I'm also an inlander.
While is clear they can ask for a restoration of status, i just wanted the OP to have clear that what she read ''I know that visitors without status are allowed to remain in Canada while their inland PR application is in process'' can be really missleading as it sounds like she thinks that because a PR is in process you can stay in canada and is not like that.

Either way, I think you just missed the point on my post. And Im not saying something that is not true. We are always hearing stories of people that lost their status and apply for sponsorship and then they are being chased by CBSA.

I was just trying to make this really clear.

God bless, and Good luck