Sponsoring my Korean wife for permanent residency

[seoulcanada]

Once you leave Canada your visitor's visa and any extensions of it are automatically cancelled and you're back to square one. Is there any reason for using the U.S. route? Might be wiser to stay in Canada rather than taking a chance re-entering Canada.

Do you have a link stating this so I can read more about it and any other stipulations that might arise?

I recall reading up about this scenario but can't find the link anymore. I read somewhere that, say you have a visitor visa expiring in 6 months (lets say Dec 31 2013). If you go to the US and come back, if they issue you a new visitor visa, it will be no later than Dec 31 2013. I can't remember if I read this on this forum or an actual government site, so I'm trying to track down that info again.

I mentioned it in an earlier post but its pretty much what mikemckell84 was asking except for a longer period.

We intend to arrive in Canada as a visitor, submit my application shortly after I grab the last few documents from my home. In two weeks, fly to the US for 1.5 months for vacation, then fly back to Canada for the rest of the 6 month visitor visa and then apply for extension if possible.

 

[bartjones]

Do you have a link stating this so I can read more about it and any other stipulations that might arise?

I recall reading up about this scenario but can't find the link anymore. I read somewhere that, say you have a visitor visa expiring in 6 months (lets say Dec 31 2013). If you go to the US and come back, if they issue you a new visitor visa, it will be no later than Dec 31 2013. I can't remember if I read this on this forum or an actual government site, so I'm trying to track down that info again.

I mentioned it in an earlier post but its pretty much what mikemckell84 was asking except for a longer period.

We intend to arrive in Canada as a visitor, submit my application shortly after I grab the last few documents from my home. In two weeks, fly to the US for 1.5 months for vacation, then fly back to Canada for the rest of the 6 month visitor visa and then apply for extension if possible.

Hmmm, interesting question. The rule I'm thinking about is set out in the Regulations to the Act. You can read about it here;

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/FullText.html

Temporary Residents and Visitors are dealt with in Parts 9 and 10. The relevant section is 183(4) which states;

(4) The period authorized for a temporary resident's stay ends on the earliest of
(a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;
(b) the day on which any work permit or study permit issued to the temporary resident expires;
(c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or
(d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.

But then in section 190(3)(f) it says

(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely
(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they
(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

Which seems to suggest that your original visitor's visa and any extensions of it remain in effect and unchanged, if you're just visiting the States during the period of your original 6 month visa period or extensions thereof. Looking at it again, I'm not sure and you may well be correct. Maybe someone at CBSA could give you some more reliable information.

I think in your situation you will be fine either way. When you re-enter Canada after your trip to the U.S. presumably you'll get another stamp in your passport and you can then apply for an extension based on that second entry date or your original entry date.

 

[CanNZ]

So my wife's application for her drivers license was denied. Apparently they want her to get a 'visitor's visa' anyone else go through this?

 

[CanNZ]

Stamp in the passport is not enough, wife needs a 'visitor record' document from CIC. It cost 75 dollars and you can apply online.

 

[bartjones]

Weird. That must be an Alberta specific requirement. I had no problem changing my wife's license over to an Ontario one.

Anyway, the visitor's record is the same as the visitor's visa extension, so apply to extend it for a year. They'll send you an official looking document that says "Visitor Record" on top in 2-3 months.

 

[stupid5]

Stamp in the passport is not enough, wife needs a 'visitor record' document from CIC. It cost 75 dollars and you can apply online.

Hi Canz,

I have been following this post as I am in the same situation as you guys..I didn't feel it was necessary for me to join the conversation as most of my knowledge and questions were already posted in this thread.

I may be able to help you on this as I was able to obtain my wife's driver's license and health care in Alberta.

Bottom line, you will need more than 6 months of visitor record (paper, not stamp on the passport) to get both in Alberta. It also may vary by the registry office, so I suggest going to ones that are operated by Koreans. (there is one in Mcleod trail in Calgary). There are also some documents that they need such as marriage certificate, so call ahead and find out what you need before visiting registry office.

I guess the key is getting the visitor record, and here is how I got it..


Before my wife and I entered Canada, we prepared below documents to present to the immigration officer:

1. SA approval to show that our application is being processed positively
2. Documents to prove that our relationship is legit

At the time of entrance, I presented above documents and requested for visitor record for 12 months so that she can stay until PR is approved. (however my actual purpose was to get a visitor record for more than 6 months to get her drivers and health care)

Officer was very positive and told me that should be no problem.

However, for some reason their system was down and they could not access my wife's medical record, so he gave her 180 days only, and told us to re-enter Canada when this is about to expire, and at that time he will be able to give her as long as she needs (if their system is not down like this time..)

Anyways, with 180 days visitor record, I went to the registry very next day, and was able to obtain drivers and health care. I think it's because 180 days worked out to be a day more two more than 6 months.

 

[CanNZ]

Thanks for the post, but my wife already had medical insurance here, just getting the DL is the problem.

 

[CanNZ]

Got our stuff cleared through customs yesterday! No problems with CBSA just our amateur moving company caused problems.

 

[CanNZ]

Any news from anyone about their applications?

 

[bartjones]

Nothing here. ECAS still says "In Process".

 

[amjad1002]

decision made but after that no update.

 

[mikemckell84]

Were still at IN PROCESS as of November 27. Seems as though everyone in the Manila chats are commenting on everything being at a standstill. Based on the spreadsheet of the last two years, generally ecas changes to Decision made shortly after IN PROCESS and applicants receive the visa a week later. This has not been the case for my wife and I.

 

[JRPW]

Nothing. Has been at "In Process" for a while. We will have to wait even long as the wife (Japanese) has to redo her medical again. What the hell are they doing in Manila?

 

[onwards]

Hello everyone,

Just a simple question: Do unofficial documents like cards and letters in Korean have to be translated and notarized by a certified translator into English?

Can't I just do the translations myself?

 

[CanAsian]

Hello everyone,

Just a simple question: Do unofficial documents like cards and letters in Korean have to be translated and notarized by a certified translator into English?

Can't I just do the translations myself?

I think you can just do those ones yourself. Only the ones that they specifically require to be translated and notarized should. Otherwise it could get pricey. Maybe someone else can confirm...