RobsLuv
Champion Member
- Jul 14, 2008
- 127
- 123
- Category........
- Visa Office......
- Buffalo
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Original:14Mar2007; Reprocess began after appeal:26Apr2010
- Doc's Request.
- Original:9May'07; Reprocess:7May'10
- AOR Received.
- Original:28Apr'07; Reprocess:26Apr'10
- File Transfer...
- n/a
- Med's Request
- Reprocessing:7May2010
- Med's Done....
- Jun2010
- Interview........
- n/a
- Passport Req..
- 30Nov2010!!
- VISA ISSUED...
- 31Dec2010!!
- LANDED..........
- 31Jan2011
Customs officers do not scan passports on exit from Canada . . . you don't even see a Customs officer when you exit Canada. As rjessome said, because your husband is visa-exempt, as soon as he left Canada he was immediately in compliance again and it is not an issue. That is not to say that he will not be interviewed, like everybody else, on re-entry to Canada. He will need to be able to demonstrate that his intent is to stay in Canada temporarily - so he should have a good reason for coming to visit, one that does not involve visiting his wife . . . and he should not mention that he had a previous overstay in some misguided effort to prove to them that he will never do that again! He should also have a return trip itinerary, and proof of residence and job at home. He may or may not have to produce these items - and shouldn't unless he's asked - but it's always best to be prepared when you're trying to temporarily enter a country where you have such significant ties as a spouse.
Next time he's here - if something happens and he wants to stay longer, I'm assuming you have a permanent residence application in process for him? If so, submit an application to extend his stay BEFORE he has been in Canada for six months. There is a document checklist with the extension application, so as well as submitting all that is required in the checklist like a copy of his passport that shows his most recent entry to Canada, you need to also send with the application proof of your legal marriage, proof that there is a PR application in process, and a copy of the letter from your employer that you submitted with your PR ap that shows that you have the ability to support him so there will be no concern about his working illegally. Track the mailing and get delivery confirmation - as long as the application is received by them before his entry status expires, he'll have implied status to remain in Canada until they make a decision on the extension (about 100 days) and they issue him a Visitor Record. Chances are that, with the proof you submit, he'll be extended for a period equal to his initial entry status. As long as you keep his temporary status current through filing extension applications, he can continue to stay. One thing though: the VR is not a re-entry permit, so if he leaves Canada, it is essentially invalidated. It won't guarantee him the ability to come back . . . he'd have to go through the normal entry interview again and, if he's admitted that would be a new entry date and he'd apply again to extend his status before that six months expires.
Next time he's here - if something happens and he wants to stay longer, I'm assuming you have a permanent residence application in process for him? If so, submit an application to extend his stay BEFORE he has been in Canada for six months. There is a document checklist with the extension application, so as well as submitting all that is required in the checklist like a copy of his passport that shows his most recent entry to Canada, you need to also send with the application proof of your legal marriage, proof that there is a PR application in process, and a copy of the letter from your employer that you submitted with your PR ap that shows that you have the ability to support him so there will be no concern about his working illegally. Track the mailing and get delivery confirmation - as long as the application is received by them before his entry status expires, he'll have implied status to remain in Canada until they make a decision on the extension (about 100 days) and they issue him a Visitor Record. Chances are that, with the proof you submit, he'll be extended for a period equal to his initial entry status. As long as you keep his temporary status current through filing extension applications, he can continue to stay. One thing though: the VR is not a re-entry permit, so if he leaves Canada, it is essentially invalidated. It won't guarantee him the ability to come back . . . he'd have to go through the normal entry interview again and, if he's admitted that would be a new entry date and he'd apply again to extend his status before that six months expires.