Sponsoring spouse while on visitor visa

[Kevin L]

hello, my spouse in here on a visitor visa and we want to submit the sponsorship application. She doesn’t really have anywhere to go once her visa is up, will we be able to do it? Kind of nervous if it doesn’t go through her visa might have a problem. She is from USA I am a Canadian born dude.

 

[canuck_in_uk]

hello, my spouse in here on a visitor visa and we want to submit the sponsorship application. She doesn’t really have anywhere to go once her visa is up, will we be able to do it? Kind of nervous if it doesn’t go through her visa might have a problem. She is from USA I am a Canadian born dude.

What exactly are you asking?

 

[ComingHome]

I think he'a asking if he (Canadian citizen) can sponsor his (American wife I assume?) spouse for PR while shes visiting him in Canada on a visitor visa as she has nowhere to go after the visa expires.

 

[k.h.p.]

Yes, you can. If you're married. It takes between six months and a year for an American to be sponsored.

If you're not married you have to prove common law status. Live together for at least a year.

 

[k.h.p.]

She doesn't have a visa if she's American. You're talking about her visitor status, not visa.

 

[Kevin L]

She doesn't have a visa if she's American. You're talking about her visitor status, not visa.

Yes that’s what I meant.

 

[Kevin L]

What exactly are you asking?

She’s here on a visitor status. We want to submit the sponsorship now. Is it ok to do this while she’s here visiting? We were wondering because her passport was stamped for three months as a visitor.

 

[k.h.p.]

Only three months? That's rare. CBSA likely considers your spouse an overstay risk.

 

[Kevin L]

Only three months? That's rare. CBSA likely considers your spouse an overstay risk.

Yes probably they do she’s had a couple visits here and we went over a driving border so.. he told us to put in a request to extend it. Yes, I think it’s because we drove and she had no return ticket or plan.

 

[k.h.p.]

Yes. So you do have to apply to extend if you are running low on time. If she is out of status, she is not eligible for an OWP.

 

[canuck_in_uk]

She’s here on a visitor status. We want to submit the sponsorship now. Is it ok to do this while she’s here visiting? We were wondering because her passport was stamped for three months as a visitor.

Yes, you can apply while she is here as a visitor.

 

[Kevin L]

Yes, you can apply while she is here as a visitor.

Thank you.

 

[Kevin L]

Yes. So you do have to apply to extend if you are running low on time. If she is out of status, she is not eligible for an OWP.

We will apply for a visitor permit extension by mail, the border guy said we will get more time that way.

We are going through all the forms and paperwork, wondering if we should apply inland or Outland. I’m trying to dig around and find information to help

 

[k.h.p.]

If you apply outland, she will not be eligible for an OWP and will need to leave Canada to do biometrics and, if there are any interviews required (unlikely except in extreme cases), for interviews.

If you apply inland, she's exempt from biometrics, is eligible for an OWP, but cannot really travel outside of Canada without concern for being denied at the border on the way back in.

 

[Kevin L]

If you apply outland, she will not be eligible for an OWP and will need to leave Canada to do biometrics and, if there are any interviews required (unlikely except in extreme cases), for interviews.

If you apply inland, she's exempt from biometrics, is eligible for an OWP, but cannot really travel outside of Canada without concern for being denied at the border on the way back in.

Thank you good to know. If we submit the sponsorship application, and her visitor permit expires in the meantime, does she have to go back home or does she get to stay?