Applying Inland while Visitor

[denis_mtrl]

Hi,

We're married, and my spouse is coming to visit me on visitor visa.
If we apply as Inland while she's here, will she get automatic visitor visa extension while process goes on?

Many thanks!
Denis

 

[OhCanadiana]

Hi,

We're married, and my spouse is coming to visit me on visitor visa.
If we apply as Inland while she's here, will she get automatic visitor visa extension while process goes on?

Many thanks!
Denis

My understanding is that she will need to apply for an extension, although they will still be able to issue the visa if she is out of status.

May I ask what her nationality is? For some visa offices, applying Outland is faster (and you can do that even if she physically in Canada)

 

[Creampop]

If you apply In-land and apply for a work permit with the In-land application she will then have "implied" status until a decision is made on your application. Therefore she will not have to apply for any extensions but, the application must be filed before the expiration date of the visitor visa.

 

[Kev1n]

My girlfriend and I plan to marry next year, she will be coming on a visit visa, she is from China.

Kevin

 

[denis_mtrl]

Thank you all!

She is Russian national, so probably her visitor visa will be 3 month maximum~
This is definitely enough to send application in, but not enough to get any response back~

So you think until I hear back from the Sponsorship application, she is legal to stay? (via "implied status")

Many thanks!

 

[annabruce]

Does she already have her temporary resident visa, or are you simply hoping she will get it? In most cases, a person is awarded 6 months in Canada when they visit. Look for a hand written date on her passport when she enters. If there is no date, she gets six months by default. Otherwise, she must leave by that hand written date unless you extend her status through a direct extension or through implied status. Don't be confused by the typed date on her visa. This is the expiry of her allowed ENTRY to Canada. She must ENTER by that date. Her exit is either six months from the date of ENTRY to Canada, or the hand written date if it exists.

What others have said is correct. If you submit an extension application of some kind together with the inland application, she will have implied status until a decision is made. Put extension application in seperate envelope. Write on the envelope, "PLEASE PROCESS AFTER APPROVAL IN PRINCIPLE".

An extension application can be an application for a work permit, student permit or simply a visitors extension. Most chose work permit. Anna and I did both. We included the work permit application with her PR application. We then also applied seperately for an extension of visitor status so that she would have a physical document proving her status in Canada. With that applciation, we included proof that the inland application was about to be submitted, including proof of payment. The advantage of having explicit status rather than implied status is that without it your wife can't get a driver's licence in Canada.

 

[denis_mtrl]

Thank you Annabruce!

But if she has "ImpliedStatus" thanks to Sponsorship -> then it'll last until whole application is complete ~ 1year

And if I apply same time for Visitor v. extension, they might reject the extension of Visitor quickly (even though sponsorship application is in progress)~
then I guess she'll be in trouble and will have to leave, and thus we'll have to restart inland application as well...
Or do they "have to" extend the visitor visa if we already applied for Sponsorship?
Appreciate your insights!

 

[Creampop]

They do not have to do anything... Does your spouse already have her TRV in her hand? most TRV's are denied when they find out they are married to a PR/citizen, this is why I asked. and just because she has a TRV doesn't mean they will let her in at the border she can still be denied and if they do let her in they very well may give her a short time limit because they expect her not to leave. I would just send in the application and the application for the work permit and stay on implied status just have proof that you filed it ie... receipts showing fee's paid, receipts from the courier you used to mail it in. Good Luck!