OWP & Status in Canada Long story

[marta1234]

Hello,

Longish story here -- bear with me.

My husband applied for PR in Dec. 2017 with OWP. OWP was sent back in Feb 2018 for missing fees, so we sent it back to Vegreville Feb 15 and it was approved yesterday.

Now, in March 2018, my husband had to go back to his home country (Korea) due to medical issues. Previous to that, he was in Canada legally since November 3rd, as Korea is a visa-exempt country and Korean citizens are allowed a 6 month stay. He returned to Canada May 8 through Vancouver, and the border official told him she "had never heard of a 6 month stay" nor a "visa exempt status" so she gave him a visa document that is valid until July 7, 2018.

To me, it sounds as though this agent had no clue what the law was, and because of this, she gave my husband, a resident of a visa exempt country, a 2 month visa. What should we do in order to extend his status? Should we apply to extend or should we go to the land border (nearest to us is 1000 Islands in Ontario) and explain our situation?

Any advice is appreciated. Thank you

 

[WeegieInOttawa]

Won't you be activating the OWP before July 7th?

Just confirm.. Your husband left Canada for 2 months with an INLAND PR application in progress? Could be an issue.

 

[marta1234]

Won't you be activating the OWP before July 7th?

Just confirm.. Your husband left Canada for 2 months with an inland PR application in progress?

Yes so I guess I'm confused.... does he have to do anything to extend his status in Canada or will his status automatically be extended until the date of expiry on the OWP?

I'm confused because the officer also told him that when his work permit arrives, he'd have to leave the country and re-enter "at his own risk". Does he have to do anything? Or is he legally allowed to stay here?

 

[WeegieInOttawa]

He has status until July 7th with his visitor record.

When he activates his OWP he will have a "new" status from that.

 

[kcward7]

He has status until July 7th with his visitor record.

When he activates his OWP he will have a "new" status from that.

May have a bigger problem with the time outside Canada

 

[WeegieInOttawa]

May have a bigger problem with the time outside Canada

Exactly what i was thinking asking about his trip.

 

[marta1234]

May have a bigger problem with the time outside Canada

What do you mean?

 

[marta1234]

He has status until July 7th with his visitor record.

When he activates his OWP he will have a "new" status from that.

OK and how do you "activate" the OWP?

 

[kcward7]

What do you mean?

If you applied inland, and the applicant left Canada for 2 months while the application is in progress and CIC gets wind of it, there is a decent chance the application will be rejected.

Applying inland means the applicant has to be inside Canada. Short trips are generally acceptable pending the applicant meets admissibility requirements. 2 months is way too long.

 

[marta1234]

If you applied inland, and the applicant left Canada for 2 months while the application is in progress and CIC gets wind of it, there is a decent chance the application will be rejected.

Applying inland means the applicant has to be inside Canada. Short trips are acceptable 2 months is way too long.

Well technically it was 5 weeks.

 

[kcward7]

Well technically it was 5 weeks.

Still way too long. Short trips meaning 2 ish weeks.

 

[scylla]

Hello,

Longish story here -- bear with me.

My husband applied for PR in Dec. 2017 with OWP. OWP was sent back in Feb 2018 for missing fees, so we sent it back to Vegreville Feb 15 and it was approved yesterday.

Now, in March 2018, my husband had to go back to his home country (Korea) due to medical issues. Previous to that, he was in Canada legally since November 3rd, as Korea is a visa-exempt country and Korean citizens are allowed a 6 month stay. He returned to Canada May 8 through Vancouver, and the border official told him she "had never heard of a 6 month stay" nor a "visa exempt status" so she gave him a visa document that is valid until July 7, 2018.

To me, it sounds as though this agent had no clue what the law was, and because of this, she gave my husband, a resident of a visa exempt country, a 2 month visa. What should we do in order to extend his status? Should we apply to extend or should we go to the land border (nearest to us is 1000 Islands in Ontario) and explain our situation?

Any advice is appreciated. Thank you

FYI - just because someone is allowed a six months stay doesn't necessarily mean that's what they are given. If and how long someone is allowed into Canada is always up to the CBSA official.

 

[WeegieInOttawa]

Well technically it was 5 weeks.

It is recommended that the PA doesn't leave Canada at all. It's a condition of applying inland.

 

[marta1234]

FYI - just because someone is allowed a six months stay doesn't necessarily mean that's what they are given. If and how long someone is allowed into Canada is always up to the CBSA official.

Ok. So to answer my original question, will he have to do anything to extend his stay once his work permit arrives in the mail?

 

[scylla]

Ok. So to answer my original question, will he have to do anything to extend his stay once his work permit arrives in the mail?

No - you won't. You're good.