Visa expiring soon and no application sent for PR status

[AngieT]

Can someone please answer this for me. My son married in Greece and they had a baby and came back to Canada. We are ready to send out all the applications except that it will be 6 months that his wife will have been here. If we apply we will lose the money. Does she have to leave? if so can it by just across the border to the U.S. just so her passport can be signed?

Your response would be most appreciated

 

[RobsLuv]

OK, first, lose what money? What date did she enter Canada? What type of application are they submitting - inland or overseas?

Not recommended that she cross the border and try to re-enter to extend status. We need more info - let's take this one step at a time.

 

[AngieT]

Thanks for your prompt reply.

Okay so this is what has happened so far. My son who was born here was in Greece visiting his father and met his wife and got married over there. They had a baby and decided to come back here to live. They arrived on February 3, 2010. We started preparing the papers but were not sent out as of yet. The mistake was ours in that along with the application for PR we did not properly read the instructions for the extension of visa and it states that it has to be received 30 days prior to the expiration date of the visa which will be August 3, 2010 for her. They have their own apartment and my son is working. My daughter-in-law is raising the baby and will continue to do so until the baby is older. She obviously does not have medicare but financially there is no problem.

My problem is that now that all applications are ready to be sent out and we end up paying prior to sending them out will it cancel out the whole PR application since we are late for the visa extension. In other words will she be considered that she is here illegally, be asked to leave and if so does it have to be back to Greece or just across the border. And if that happens what will be the outcome of the PR application?

We were told that considering my son is Canadian and his son automatically becomes Canadian that they will not ask her to leave since they are fully established here now.

I don't know what to do first. Send out the whole application package or just focus on the visa extension. Please help. Thank you

 

[job_seeker]

Courier the application for extension. Make sure the application package is complete (documents required are sent, esp photocopy of her passport bio page and latest stamped entry to Canada), and it reaches CPC-V before Aug 3. Send it tomorrow if you can. She would be on implied status. Then send the PR app after. I am assuming you are sending an inland application.

Thanks for your prompt reply.

Okay so this is what has happened so far. My son who was born here was in Greece visiting his father and met his wife and got married over there. They had a baby and decided to come back here to live. They arrived on February 3, 2010. We started preparing the papers but were not sent out as of yet. The mistake was ours in that along with the application for PR we did not properly read the instructions for the extension of visa and it states that it has to be received 30 days prior to the expiration date of the visa which will be August 3, 2010 for her. They have their own apartment and my son is working. My daughter-in-law is raising the baby and will continue to do so until the baby is older. She obviously does not have medicare but financially there is no problem.

My problem is that now that all applications are ready to be sent out and we end up paying prior to sending them out will it cancel out the whole PR application since we are late for the visa extension. In other words will she be considered that she is here illegally, be asked to leave and if so does it have to be back to Greece or just across the border. And if that happens what will be the outcome of the PR application?

We were told that considering my son is Canadian and his son automatically becomes Canadian that they will not ask her to leave since they are fully established here now.

I don't know what to do first. Send out the whole application package or just focus on the visa extension. Please help. Thank you

 

[AngieT]

Yes the application is inland. My main concern is what if the documents for extension are not accepted as the 30 day prior to the expiration has elapsed will they ask her to leave and if so does it have to be back to Greece. This is what is worrying them the most.

 

[suenim]

They will not ask her to leave as long as it is sent before August 3rd so send it now. I sent an extension in 2 days before it expired with no problem. Make sure it is Xpresspost so it is date stamped and you can track it.

 

[AllisonVSC]

The "30 days prior to expiration" is a recommendation not a requirement. Her application to extend her visit needs to arrive before the expiration date. She does not need to leave; just file the extension. As suenim suggested send it express post and get confirmation of the delivery. Everything will be fine.

 

[BeShoo]

Really, it has to be sent by August 2, although it would be better if it was received by then just to be sure. All evidence I have seen seems to indicate that they go by the date it was sent (postmarked). Once you've sent it off, permission continues on "implied" status until they get an answer to you (which will be several weeks).

If you are able to scan your documents, you can also apply electronically and they will get it instantly.

You just need to explain that you are about to send the PR application. A copy of the receipt would be very helpful, and if you have the medical done, a copy of that certificate would also be very good to include. I would also include some proof that her husband has an income and any savings he has.

Even if she did overstay her permission, it wouldn't cancel out the whole application anyway, though it would make things much more complicated and you want to avoid that.

Going to the U.S. is not at all a good idea. If there is any chance that Canada will not let her return, they won't let her into the U.S. anyway. Altogether, not a good way to do things.

 

[iarblue]

As for your son he is canadian by decent but i believe you still have to apply for his citizenship.As he was born outside Canada.