In-land spousal application with OWP, Question for extending visit stay

[kanamia]

Hi there, glad to meet all of you here for sharing the whole progress!

I'm sponsored person, my spousal application is delivered to Missisauga office on Aug 9th. Meanwhile also submitted the OWP.
My latest entry in Canada with border stamp is on Mar 18 from Hawaii, but actual the latest entry in Canada is on Jul 11th from Alaska Cruise disembarked at Canada place in Vancouver without border stamp. So question is

When will my legal status as visitor expire? Do I need to extend my visit stay here in Canada?

as I'm confused which day would be deemed as latest entry day to calculte how long I could be stay in Canada legally. Someone mentioned me about "Implied status", is anyone willing to explain me in clear statment for its definition?

Appreciated of the reply or cares of anyone!

 

[canuck_in_uk]

Hi

Visitor status resets upon entry, so your current status will expire Jan 2017. However, as you submitted the OWP with an (I'm assuming) inland PR app, you should receive the OWP by the end of the year anyways. If the OWP takes longer to process, you will have Implied Status after Jan 11, 2017.

 

[profiler]

Hi

Visitor status resets upon entry, so your current status will expire Jan 2017. However, as you submitted the OWP with an (I'm assuming) inland PR app, you should receive the OWP by the end of the year anyways. If the OWP takes longer to process, you will have Implied Status after Jan 11, 2017.

Agreed on the implied status.

Question regarding entry resetting visitor status: I thought visitors are not permitted to stay more than 6 months during any 6 month window. So say a visitor was here Jan - Jun and left for two weeks, then returned. Does that mean they can only stay two weeks, or 6 months?

 

[canuck_in_uk]

Question regarding entry resetting visitor status: I thought visitors are not permitted to stay more than 6 months during any 6 month window. So say a visitor was here Jan - Jun and left for two weeks, then returned. Does that mean they can only stay two weeks, or 6 months?

There is no rule that states a visitor can't stay more than 6 months.

 

[kanamia]

Hi

Visitor status resets upon entry, so your current status will expire Jan 2017. However, as you submitted the OWP with an (I'm assuming) inland PR app, you should receive the OWP by the end of the year anyways. If the OWP takes longer to process, you will have Implied Status after Jan 11, 2017.

Thanks for your answer. I'm just afraid my status will become illegal when officer files my application in couple months later, as no one knows when they will process my file.

About to extend my stay, so even I would not get work permit after Jan 2017, my status in Canada still is legal as I have implied status. It's no need to apply to extend my temporary residence permit here. Good to know

I think it is okay to travel overseas before my visit stay expired (on Jan 1027), right? But can I traveloverseas during the period with implied status?

 

[canuck_in_uk]

I think it is okay to travel overseas before my visit stay expired (on Jan 1027), right? But can I traveloverseas during the period with implied status?

You are advised not to leave Canada at all during an inland sponsorship app. If you are refused re-entry, your PR app will be cancelled.

 

[kanamia]

You are advised not to leave Canada at all during an inland sponsorship app. If you are refused re-entry, your PR app will be cancelled.

You mean, even thought I get work permit in the future, there still has possibility to be rejected to re-entry, even though I'm holding the visitor visa for multiple-entry?

Am i understanding above correct?

 

[canuck_in_uk]

You mean, even thought I get work permit in the future, there still has possibility to be rejected to re-entry, even though I'm holding the visitor visa for multiple-entry?

Am i understanding above correct?

Yes. Only Canadian citizens and PRs have the right of entry. All temporary residents (visitor, student, worker) can be refused entry regardless of whether they hold a valid permit and/or TRV. Though the risk is generally small, it is there.

 

[kanamia]

Yes. Only Canadian citizens and PRs have the right of entry. All temporary residents (visitor, student, worker) can be refused entry regardless of whether they hold a valid permit and/or TRV. Though the risk is generally small, it is there.

I couldn't be more unbelievable that, Canada officer is going to trap the applicant staying consecutively here up to 26 months!!! That means no more famiy vacation, no more short visit back to original country in case of any physical accident or severe illness happened on parents.... Very converse information from my immigration lawyer....

Shocked!! If so, I would try to apply out-land app but submitted from inside of Canada in person.....

 

[canuck_in_uk]

I couldn't be more unbelievable that, Canada officer is going to trap the applicant staying consecutively here up to 26 months!!! That means no more famiy vacation, no more short visit back to original country in case of any physical accident or severe illness happened on parents.... Very converse information from my immigration lawyer....

Shocked!! If so, I would try to apply out-land app but submitted from inside of Canada in person.....

Well, that's why people are advised to apply outland if they think they will need to leave Canada during the process

 

[profiler]

I couldn't be more unbelievable that, Canada officer is going to trap the applicant staying consecutively here up to 26 months!!! That means no more famiy vacation, no more short visit back to original country in case of any physical accident or severe illness happened on parents.... Very converse information from my immigration lawyer....

Shocked!! If so, I would try to apply out-land app but submitted from inside of Canada in person.....

You can apply for outland application while being in Canada. The process is one that should be considered carefully when you are applying. My wife and I had spoken to an immigration lawyer regarding in verses out, and we were told about leaving -- even on compassionate grounds -- would be left up to the officers at the border to decide if you leaving constituted abandoning your application. So, we have prepared to wait it out. We got Multiple-Entry Visitor Visas for anyone who would be willing to fly from her homeland to visit, and we made room on our pull out!

 

[kanamia]

Well, that's why people are advised to apply outland if they think they will need to leave Canada during the process

Frustrated....my lawyer confirmed with me that I can travel overseas as long as I get work permit. It looks sucks!
If I make outland app submitted to inland office, I at least can stay here within a length of legal visior visa, is this right understanding?

 

[profiler]

Frustrated....my lawyer confirmed with me that I can travel overseas as long as I get work permit. It looks sucks!
If I make outland app submitted to inland office, I at least can stay here within a length of legal visior visa, is this right understanding?

If you have a visitor visa and not a work permit, then yes you can stay for up to 6 months at a time.

 

[km9203]

Frustrated....my lawyer confirmed with me that I can travel overseas as long as I get work permit. It looks sucks!
If I make outland app submitted to inland office, I at least can stay here within a length of legal visior visa, is this right understanding?

Your lawyer is wrong. It is not advised to travel while the application is in, even with the OWP, as it's up to the CIC officer as to whether they want to let you back in. There is no guarantee.

 

[profiler]

Your lawyer is wrong. It is not advised to travel while the application is in, even with the OWP, as it's up to the CIC officer as to whether they want to let you back in. There is no guarantee.

+1. You should assume you cannot leave when you file inland. You can file outland while being in Canada, if the inland situation does not work in your case.