student visa expiry/spousal sponsorship

[furciferpardalis]

Hi guys,
My husband and I have our application in processing right now. We're due to hear back around July 25th.
Now, he is currently on a student visa that ends on July 31st. This would mean he has to leave Canada and go back to the UK on that date. I'm sure you can see my dilemma. Since the dates are SO close together Is there any way he can stay for a little longer? I'm worried that the application may take a bit longer and if he goes back then it'll not only cost a lot but if he's needed back here in Canada for any interviews than it'll be near impossible. Just to clarify the application in an out of country application meaning it's being processed in the UK right now.
I've heard that we might be able to apply for a visitors visa that will have a comment or note as to why we need him to stick around longer. Is this actually possible? Any advice right now would be helpful. Thanks!

 

[Sweden]

it's possible, and also quite easy.

You can do it 2 ways: either you send it 1 month before his current visa expires, and you apply to "change his study visa to a tourist one" - see on CIC website for the correct form. it's $75, and it takes a while to get it, but as long as you apply before the expiry date of his current visa, he will be under "implied status" until he gets his visitor visa back.Which means that he is legal in Canada, even if his study visa expires, and he is allowed to be in the country until her gets the decision from CIC ( whichever comes first - either the PR, or the visitor status). You can apply online. Just explain that you have applied for PR, put the proofs of it (first stage approval), and the proofs that he can support himself, or you can, during the waiting time. you can ask for 6 months, and you will probably be granted the whole 6 months.

Or - you can go to the border a few days before his study visa expires, exit to the US, and re-enter to Canada and ask to be re-admitted as a tourist. Explain that he has his PR on going, have the proofs with you (first stage approval etc), and ask for a 6 months visa - most likely he will be let in at the border with at least 6 months.

Of course, once he has done that he can't work etc - he is a tourist. but both options work, and it depends on what works best for you - either you're close to the US border, then you can go for a day trip, or you'd rather take the "easiest" option, apply online, and wait for the decision and the visitor status to come in the mail.
Good luck,
Sweden

 

[furciferpardalis]

Fantastic! Thanks so much for your reply!