Wife in Canada, visitor visa expired, application is outland ...

[mateiux2]

Hi All,

Here is our situation, I applied more then 13 months ago out-land in our country since processing times are lower than in-Canada.

At the time of the application my wife had a visitor visa, we got married here in Canada, I'm a Canadian citizen however I have dual citizenship so we could apply outland. Application went smooth here in Canada for me no problems...it reached home without any issues ...

Now her visitor visa expired and we still did not get an answer from back home about the application, it is still in process. It is approaching the deadline for processing time 2 weeks to reach it ...

What should we do !?
We are afraid she will be deported, I heard cases where police knocks at your door and the next thing you know she is on a plane home.
Will this impact the PR decision !?

 

[profiler]

Hi All,

Here is our situation, I applied more then 13 months ago out-land in our country since processing times are lower than in-Canada.

At the time of the application my wife had a visitor visa, we got married here in Canada, I'm a Canadian citizen however I have dual citizenship so we could apply outland. Application went smooth here in Canada for me no problems...it reached home without any issues ...

Now her visitor visa expired and we still did not get an answer from back home about the application, it is still in process. It is approaching the deadline for processing time 2 weeks to reach it ...

What should we do !?
We are afraid she will be deported, I heard cases where police knocks at your door and the next ting you know she is on a plain home.
Will this impact the PR decision !?

If the visitor visa expired less than 90 days ago, you could apply for a restoration of status: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[flx2015]

agreed with what profiler said. as soon as she applies, she'll have implied status while her extension is being processed.

which visa office is your wife's spousal application being processed at?

 

[mateiux2]

It is more than 90 days now, we were under the impression there is no problem as long as we wait for the PR to be processed. Now I see it is not a problem only for in-land applications not outside ...

We are really on the edge now ...

 

[mateiux2]

agreed with what profiler said. as soon as she applies, she'll have implied status while her extension is being processed.

which visa office is your wife's spousal application being processed at?

Bucharest, Romania

 

[profiler]

Did the visa actually expire, or has she just over-stayed?

 

[mateiux2]

The visa expired 7 moths ago while in Canada, she is without status here now ...

 

[profiler]

Ok, so I can only give my opinion here -- I am not an immigration lawyer, or a consultant. So take it with a grain:
- PR does not give you status while in process. Only after it has been granted.
- CBSA won't just show up at the door usually, unless it has been brought to their attention. They have other better things to do, like defending our border from American incursions. That said, if someone does know of your wife's situation, then they could alert them.
- I am guessing there has been no deportation or removal order issued. They need this before they send her away on a plane.
- You might want to touch base with an immigration lawyer or consultant with respect to what you can do about your situation with respect to H & C grounds or a TRV.
- You also could consider her going back, and returning to Canada. Though she would have to re-apply for a new Visitor Visa..

I do feel for you here. Good luck!

 

[mateiux2]

Ok, so I can only give my opinion here -- I am not an immigration lawyer, or a consultant. So take it with a grain:
- PR does not give you status while in process. Only after it has been granted.
- CBSA won't just show up at the door usually, unless it has been brought to their attention. They have other better things to do, like defending our border from American incursions. That said, if someone does know of your wife's situation, then they could alert them.
- I am guessing there has been no deportation or removal order issued. They need this before they send her away on a plane.
- You might want to touch base with an immigration lawyer or consultant with respect to what you can do about your situation with respect to H & C grounds or a TRV.
- You also could consider her going back, and returning to Canada. Though she would have to re-apply for a new Visitor Visa..

I do feel for you here. Good luck!

Thank you !!!

So far they did not say anything, there is no order issued, she can fly back home however she will return only when they issue the PR or get a visa, I believe by next year we get the new process "eTA: so no visa is required.

The only big concern here is if this whole situation impacts anything in the PR decision! In a normal scenario she would be in Romania (not in Canada) without a visa ...

 

[profiler]

Thank you !!!

So far they did not say anything, there is no order issued, she can fly back home however she will return only when they issue the PR or get a visa, I believe by next year we get the new process "eTA: so no visa is required.

The only big concern here is if this whole situation impacts anything in the PR decision! In a normal scenario she would be in Romania (not in Canada) without a visa ...

You can apply using the outland process while being in Canada on a TRV. It's not uncommon. But you have to maintain that status. I am uncertain if CIC (IRCC) would become aware that she has lost status, but I have read on this forum that loss of status doesn't necessarily mean that it would negatively affect her PR.

 

[mateiux2]

In theory it makes no sens to impact the PR process but after so much waiting ... paranoia is getting to us

 

[profiler]

In theory it makes no sens to impact the PR process but after so much waiting ... paranoia is getting to us

You can also order GCMS notes for the application. You can get a sense of where you are in the process, and maybe even if they have become aware of the situation. Perhaps that might provide some piece of mind? They will take 30 days to complete the request.

 

[thecoolguysam]

@mateiux2

There are two things to be considered:

1. Expiry date on the visa
2. CBSA Stamp on the passport

When did she land in Canada? When did the visa expire? Was there a date on the CBSA stamp on the passport?

The expiry date on the visa means that the person has to enter Canada before the expiry date of the visa.

If there is no date on the CBSA stamp, it means that the person can stay in Canada upto 6 months from the date of stamp(date when person entered Canada) regardless of the date expiry of visa. If there is a date on the CBSA stamp, it means the person has to exit Canada before the date mentioned on the CBSA stamp.

 

[mateiux2]

You can also order GCMS notes for the application. You can get a sense of where you are in the process, and maybe even if they have become aware of the situation. Perhaps that might provide some piece of mind? They will take 30 days to complete the request.

Thank you, we'll start with the online form ... there are 2 weeks left until the period for an answer expires.