C
Classic Chucks
Guest
In addition, one visitor extension is enough to maintain your status. As you are an American, it is only advisable to apply outland as the whole process may only take 4-6 months approximately for you.
Should residency obligations be stricter?
- Thread starter MNM2015
- Start date
Oh that's so crazy to me- I thought the whole point was to physically be in Canada so it wouldn't count. But great to know. Thanks
you'll probably see my post/questions on the US Applicants thread, so sorry for double posting. This thread caught my attention thinking 'There are legit reasons!' and then I ended up asking questions instead of just explaining.
I understand that one extension is enough if we apply for PR. My question is if we choose NOT to apply for PR (to save time & money, and start her paperwork instead) do you think I'll have any issues coming & going on just a visa extension (no proof of applying for PR)? And if we are down that road, think I can get a 2nd extension?
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C
Classic Chucks
Guest
No, Americans can go in and out of the country with no problems -- for most of the time. Assuming you don't run into trouble or whatnot.
Yes, no problems getting a second extension if you choose to appply for PR at a later time.
Good to know. Sorry I addressed you as the wrong member in your first reply.No, Americans can go in and out of the country with no problems -- for most of the time. Assuming you don't run into trouble or whatnot.
Yes, no problems getting a second extension if you choose to appply for PR at a later time.
I'd actually prefer to stay as a visitor if I can, especially as I work remotely. My car is still American plates & insurance and will stay SO much cheaper that way.
The other reason is trickier- I want to bring an American school bus across the border next spring to renovate and then bring back to the States come Sept. when it gets cold (and we move). From what I understand if I've become a PR, I cannot bring a US vehicle over without importing it. Definitely don't want to do that with a school bus (major pain, and planning to bring it back the US anyway). However if I'm still just an American tourist, I should be able to *if* I can convince them at the border that it's just for tourism and has no intent to stay in the country. It's still going to be risky, and I'll have a plan B to store it if they won't let me bring it in, but it sounds like if I become a PR then that plan is shot to begin with.
Sound about right?
Ok, a few more question/scenario and I promise I'm done!
Assuming I stay only a tourist visa extension (no PR submitted), what is the best thing to say at the border? Up until this point it's been no mention of my partner, just 'tourism', as that often causes issues. But with paperwork showing I have a valid extension, can I now be fully truthful and say I'm here staying with my wife as a tourist until she moves with me back to the US?
Is it still a no-no to say I'm "living" here, even if it's with my wife, and even if I have been granted a legal extension?
Is this where "dual intent" can come into play? That is what I am saying on my visa application, that I have dual intent to extend as a visitor and also to apply for PR after getting married.
Finally, is it bad to say dual intent if I may not, in the end, apply for PR as I said I was planning to? I mean plans change right?
Assuming I stay only a tourist visa extension (no PR submitted), what is the best thing to say at the border? Up until this point it's been no mention of my partner, just 'tourism', as that often causes issues. But with paperwork showing I have a valid extension, can I now be fully truthful and say I'm here staying with my wife as a tourist until she moves with me back to the US?
Is it still a no-no to say I'm "living" here, even if it's with my wife, and even if I have been granted a legal extension?
Is this where "dual intent" can come into play? That is what I am saying on my visa application, that I have dual intent to extend as a visitor and also to apply for PR after getting married.
Finally, is it bad to say dual intent if I may not, in the end, apply for PR as I said I was planning to? I mean plans change right?
Also I just realized these final two posts have no relevance to the original thread, so my apologies. Please tell me if I should delete and relocate elsewhere! I just don't want to double post
C
Classic Chucks
Guest
You have to convince the officers that you are a legitimate visitor. You gotta be careful though, mentioning your partner now will only have room for more queries.
Like you may have been staying with her the last time you were visiting, and CBSA will think you were lying with your previous entries -- that it was merely for tourism purposes. It's always best to be honest!Yes. You are not living in Canada.
Dual intent comes into play when you have/are applying for temporary residence whilst applying for permanent residence too.
No, as you were telling the truth at the time of application.
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Note that visitor status ends when you leave Canada. It isn't like a work permit or a study permit that remains valid. The fact that you were granted an extension only counts while you remain in Canada. When you leave, that status is gone. CBSA will re-evaluate you as a new visitor when you enter.
Oh damn. So even if they give me a year extension, if I leave a month into that (i.e. on my honeymoon), that extension is null & void come exit? When I return post-honeymoon they will assess me at the border like any regular tourist?
Now more confusion then- I know Americans are supposed to only get 6 months out of every 12 months. I thought a visa extension would override this, but if it ends a month into it, then am I screwed on getting back in (having already been here for 7 months- 6 on reg. visa and 1 on the ext.)?
Even if the officer did let me back in because of not realizing or whatever, would I technically be overstaying? Or is it 'ok' because they let me do it? And in that case is it an automatic 6 more months? It's so tricky with there being no real dates on visa exempt.
Sounds like I need to apply for my PR after all or risk not getting back in easily in the future...
canuck_in_uk, I checked on the CIC site about visa extension and it says this:
"If you have a single-entry visa this allows you to enter Canada once. If you leave Canada during your authorized stay, you must get a new visitor visa to re-enter Canada, unless you visit the United States or St. Pierre and Miquelon. If you visit those places, you can return to Canada without a new visa, as long as you:
- return within the period that the Canadian immigration officer initially authorized when you first entered Canada (on your visa, it is either a handwritten date or 6 months from the date of the entry stamp); or
- have a valid visitor record, work permit, study permit or temporary resident permit (authorizing re-entry), and return within the period that the officer initially authorized."
That being said, wouldn't a visa extension count as "temporary resident permit (authorizing re-entry)", and therefore if I'm returning within the period authorized (1 year) I wouldn't need a new visa (i.e. be re-assessed at the border as stated above)?
Finally, does that all go out the window if later I am leaving Canada for another country other than US anyway?
Really appreciate how much help you have given me! Happy to buy you a beer via Venmo if you're interested ;-)
A visa extension simply allows you to remain in Canada longer. It does not turn a single entry visa into a multiple entry visa.
No - a visa extension does not count as a temporary resident permit (TRP). A TRP is a special permit that you have to apply for separately and that is reserved for people who are inadmissible to Canada - typically due to a crime. You're not eligible to apply for a TRP.
No - a visa extension does not count as a temporary resident permit (TRP). A TRP is a special permit that you have to apply for separately and that is reserved for people who are inadmissible to Canada - typically due to a crime. You're not eligible to apply for a TRP.
You didn't extend a visa. As an American, you don't even qualify for a visa. You extended your visitor status, which is entirely different and has nothing to do with entry into Canada. And as scylla said above, you don't have a TRP.
Good to know. Can you clarify then, regardless of applying for PR or not, if this is the correct application for extending my time past the initial 6 months: "Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)"
I'm about ready to send it off complete, but double checking now since it says:
"Use this application if you are a temporary resident who is already in Canada and you want to:
- extend your stay,
- change the conditions of your stay or
- correct problems with your status."
And if I am understanding you correctly, if that is the correct form and I extend my visitor status for a year, that only allows me to stay for that year if I don't leave the country. Correct?
And if I do leave the country, it's up to the border to assess me as usual. Which means if I've already been here for 6 months or more "visiting", they could likely say no, as my extended visitor status has no bearing anymore. Correct?
In the end, would you say the best way to ensure my likelihood of remaining in Canada for the next 12-18 months, while being able to come & go easily would be to submit for PR?
And if I do leave the country, it's up to the border to assess me as usual. Which means if I've already been here for 6 months or more "visiting", they could likely say no, as my extended visitor status has no bearing anymore. Correct?
In the end, would you say the best way to ensure my likelihood of remaining in Canada for the next 12-18 months, while being able to come & go easily would be to submit for PR?