Submitted Inland PR application for my US Citizen wife - do we now need to apply to extend her stay?

[nyxeka]

I am a Canadian citizen. My wife is a US citizen.

She arrived here on May 24th, 2022 (by air, with me), and we're pretty sure her stay expires on November 24th, 2022? (her passport was not stamped)

I'm looking through extended stay options and/or simply re-entering with evidence of the PR application or something like that - I assume that this is necessary?

I'd initially heard that once we've submitted the PR application, she can stay in the country without needing to get a visitor record/extended stay etc.

What are the rules around this?

Something that we'd really like is if we could go to visit her family for Christmas (They are in South Carolina). Are there options around that? It would be past the limit for her current visitor visa (I assume it's a visitor visa that she has. We entered the country together at Pearson Airport after a wedding-sequel down in SC)

 

[Ponga]

I'd initially heard that once we've submitted the PR application, she can stay in the country without needing to get a visitor record/extended stay etc.

What are the rules around this?

Not exactly.

It is true that an Inland applicant cannot be refused based solely on not having legal status (public policy). Previously, a person such as your wife would have been able to submit an Open Work Permit (OWP) application at the same time (in the same package) as the Inland application. This would be a bridge, of sorts, that would automatically extend her visitor status, while waiting for PR. However...it seems that has changed. Now, an Inland applicant must wait until they receive Acknowledgment of Receipt (AOR) from IRCC before they can apply for the OWP. I think it's safe to assume that your wife's visitor status will expire before reaching AOR (if you've already applied). A U.S. citizen does not need a visitor visa; they often time get a visitor record, showing a date that they must leave Canada by, but even then, I suspect the majority don't even really need that.

Having said that...

There have been many success stories here from people in your situation that had no trouble returning to Canada. Being married and having evidence of a Spousal Sponsorship submitted is a pretty big factor in your favor, IMHO. The only caveat is that if, for any reason, she is denied re-entry, the Inland application is toast. For this reason alone, many people choose the Outland application, even if they are both IN Canada when applying. It does not offer the same public policy regarding waiving the requirement of needing legal status, but...if re-entry is denied, the application continues. Seems like it may be a better plan for you, if you have not already applied Inland.Once she is allowed to re-enter, her 6 month clock starts over (unless noted otherwise via a stamp in her passport).


Regarding her current stay...
It's important to note that CBSA may have finally implemented, this:
[source]: https://www.canada.ca/en/immigratio...tins-manuals/service-delivery/entry-exit.html

"Overstay indicator: There will be a checkmark in the “Overstay” section that indicates if and during which trip someone overstayed their Temporary Resident visit. The Overstay Indicator feature has not yet been activated by CBSA, who lead this initiative and who collect the information. They are waiting for enough air carriers to be on-boarded (goal: All by November 2022) before activating it. We will let IRCC know once this becomes available through an update to this page."
(This info is dated 2022-01-07, so it's anyone's guess as to whether or not it is in place, yet)

This just means that unlike before, CBSA would now know when a visitor (now, including a U.S. citizen) has overstayed their visit. Historically, a U.S. citizen's exits from Canada were never recorded, but it looks like (as of June 2019 by Land, and June 2020 by air)...they may be now.

 

[nyxeka]

So we should be able to just apply for an extended stay, OR we can just leave and come back and hope it all goes fine?

Might not be bad to go for a trip to visit her parents - she does miss her family and we were hoping to go down there