Visitor extension after applying for PR?

[JRob32]

My American husband and I have recently completed all paperwork to file for his permanent residency, and are awaiting an appointment with an immigration lawyer next week to have our application reviewed for any errors prior to sending it off.

He arrived in Canada on May 2, 2019 (our first child was born in June 15, 2019). We intend to file in the month of August as to ensure he is not overstaying his 6 month visitor status.

I understand that once we file our application, (we are filing inland) he has implied status. My questions are:

- does implied status mean he can stay past the 6 month visitor allowance while we wait for the application to be processed?

- is there any benefit of filing a request to extend his stay after submitting the application, before his 6 month visitor status expires?

- after filing our application, is it possible for him to return to the states for a short visit with his children from a previous marriage, as long as he travels with all paperwork and/or any pertinent information? His children coming to a Canada for a visit is not an option as his ex wife will not allow them to do so. If he goes to the US for a visit, I intend to travel with him with our newborn son so he is not trying to come back in alone.

Thank you!

 

[Jnicole45]

Yes, apply to extend his stay (aka get a visitor record).

A PR application does not give you implied status, even if you include an Open Work Permit (OWP) application along with it. He has to maintain legal status in canada (either by applying for and being granted a visitor record, or applying for and being granted an OWP) while your application processes.

Your husband can leave and return to Canada while you wait as long as he has a valid travel document (passport, since US citizens are visa exempt) and is within his 180-day limit or is within the valid dates of the visitor record. If you want to take other paperwork with you, go for it, CBSA officers may or may not ask to see it. Just be totally honest and up front about your plans and where you're at in the process and they shouldn't give you too much hassle

 

[canuck78]

Would disagree with the advice to cross the border. Would wait until he has his OWP or at least until your spousal sponsorship has been submitted. Assume he no longer has a residence or job in the US and is “living” in Canada. He has already spent 3 months in Canada so he could easily be asked what his ties to the US are and what he has been doing in Canada. Crossing the border is always a risk.