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'Implied status' as a visitor and visiting US

Discussion in 'Visitors' started by jrtilley, May 16, 2018.

  1. Hello there. I have a question about the above. I am a UK citizen living in Canada. My wife is Canadian. We both normally live in the UK.

    I have a standard visitor's visa for 6 months. This expires in July. I applied for an extension in April, but processing times indicate that it will not be processed until August.

    Mu understanding is that I will have 'implied status' until my application is processed. However I have no receipt of my application being received (I foolishly did it on paper) and I want to travel to the US in July for a fortnight.

    What should I do? Is it okay just to say that I have applied without any proof? Even if I do have implied status can I travel to the US?
    Thanks for any help with this,

    James.
     
  2. Hi

    Visitor status and Implied Status ends when you leave Canada. You will be assessed as a new visitor when you re-enter.

    April was super early to apply for an extension.
     
  3. Thanks for the reply. Are you sure that's how it works for non-US citizens? I'm in Vancouver, so presumably I could just nip across the border and get another 6 months when I return...
     
  4. #4 Bs65, May 17, 2018 at 2:11 PM
    Last edited: May 17, 2018
    The extend stay as a visitor process assumes someone already in the country wants to do exactly that extend their stay and not leave the country. Once you leave then it is sort of assumed you no longer want to extend your stay.

    Sure you could nip across the border but as with any entry there is never any guarantee of being allowed back or getting 6 months given you might need to persuade CBSA you are still a genuine visitor and not trying to live in the country which based on your post you imply you might be even if temporarily.

    Minor point and just wording but you don’t technically as a visa exempt have a visitor visa to stay 6 months , you have an authorised stay for 6 months.

    Ultimately very easy to over think these things so all you can do is take your chances and hope it works out.
     
  5. That makes complete sense, thanks a lot. I think I may just try and withdraw my paper application (100 days processing time...) and do it online (30 days processing time). Then hopefully I will have a renewed visitor status by the end of June.
     
  6. But again, that status will end when you leave Canada in July and you will be assessed as a new visitor when you re-enter.
     
  7. Agreed and thought in so many words that is what I also said to the OP they will be assessed as a new visitor and hopefully for the OP not as someone who in original post implied living with spouse in Canada not visiting.

    Not clear but ultimately guess the OP is simply trying to bridge the period between current authorised stay expiring and leaving for the US so not classed as an overstay.
     

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