Spouse Visitor VISA

[jmcrizzle]

Hey,

So my wife is currently living in Canada with me on a PGWP however it is set to expire in just a few days.

That being said, the lawyer I'm using for our PR application told me to apply for a visitor visa while waiting for approval of the PR.

So far I've been deemed eligible to sponsor her but it could be more than 6 months before she gets approval.

That being said, I've noticed many people saying their spouses get declined visitor status.

Where I am confused is because from what I understand her Spanish passport allows re-entry to Canada for 6 months. I applied for the VISA because I am concerned it will take more than 6 months.

If the VISA gets declined, could we not exit Canada into the USA, go shopping, and return to Canada and she would be eligible to stay for 6 more months? or would she be refused entry?

I've already applied for the visitor VISA just to be on the safe side, though its been almost a week and they've yet to say anything even though online the processing time says 3 or 4 days.


Looking forward to some help!
Thanks!

 

[Jalex23]

Hey,

So my wife is currently living in Canada with me on a PGWP however it is set to expire in just a few days.

That being said, the lawyer I'm using for our PR application told me to apply for a visitor visa while waiting for approval of the PR.

So far I've been deemed eligible to sponsor her but it could be more than 6 months before she gets approval.

That being said, I've noticed many people saying their spouses get declined visitor status.

Where I am confused is because from what I understand her Spanish passport allows re-entry to Canada for 6 months. I applied for the VISA because I am concerned it will take more than 6 months.

If the VISA gets declined, could we not exit Canada into the USA, go shopping, and return to Canada and she would be eligible to stay for 6 more months? or would she be refused entry?

I've already applied for the visitor VISA just to be on the safe side, though its been almost a week and they've yet to say anything even though online the processing time says 3 or 4 days.

You are using all the terms wrongly... so I will answer based on what I think you want to ask:

- There is no such thing as visitor visa.
- She is NOT eligible to get a TRV (temporary resident visa) because she is from a visa-exempt country.
- Spouses have a hard time getting a TRV.
- She is NOT applying for a TRV she is applying to "extend her stay as a visitor".
- If she has already sent her application when her worker status expires (same date as her PGWP) then she will fall into implied status (worker).
- The implied status will be valid UNTIL an decision is made from the status extension application.
- Her passport allows her to travel back and forth to the USA.
- Whenever she attempts to re enter the country she will be assessed by a CBSA officer which will decide her period of stay (from a few days to 6 months).
- If the CBSA officer feels she wants to "be smart" and use the reentry to avoid applying for an extension (cut the line) then he might refuse entry or give a very short stay.

 

[jmcrizzle]

Thanks for the reply.

My apologies on the wrong terms, I was following the CIC site where is referred to it as a visitor visa.

That being said, we've submitted an application to extend her stay, using extend her stay as a visitor.

We did not request a extend your stay as a worker because it indicates she is not eligible for a open-work permit during her Outland PR application.

What is your suggestion for our situation, and what do you think the out come is?

Thanks!

 

[Jalex23]

We did not request a extend your stay as a worker because it indicates she is not eligible for a open-work permit during her Outland PR application.

This doesn't make sense, you said your wife is with you in Canada under a PGWP. If so why would she apply outland for a PR?

A PGWP holder would submit his/her inland PR application and then would file for a BOWP so he can continue working while waiting for an answer.

What is your suggestion for our situation, and what do you think the out come is?

My suggestion is that you get the terms correctly, seems there is a lot of confusion on your options and how to do things. Ask your lawyer for proper advice.

 

[jmcrizzle]

My lawyer applied for an Outland PR for us because they said it is faster.

Yes she's on a PGWP, but as I said, it's an Outland application.

I spoke to my lawyer and their suggestion is to apply to extend her stay as a visitor..

I'm not sure how these terms don't make sense.

Please advise.

 

[Jalex23]

My lawyer applied for an Outland PR for us because they said it is faster.

Yes she's on a PGWP, but as I said, it's an Outland application.

I spoke to my lawyer and their suggestion is to apply to extend her stay as a visitor..

I'm not sure how these terms don't make sense.

Please advise.

It is odd to apply for an Outland PR when you have a PGWP. It might be faster but then you are not eligible for an BOWP.

Anyway if that was decided then so be it.

Ask your lawyer for further advise.

 

[jmcrizzle]

Does anyone else have any input on my concern? The previous poster wasn't able to offer any insight, and as I see hundreds of people on here naming visitor visa, being told that there's no visitor visas I would prefer some other inputs!

Thanks in advance

 

[scylla]

You're posting in the wrong section. You'll get better answers in the Family Sponsorship section of the forum.

 

[jmcrizzle]

You're posting in the wrong section. You'll get better answers in the Family Sponsorship section of the forum.

I appreciate the suggestion, thank you kindly!