Change of Status to Visitor while awaiting PR
#1
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Joined: Feb 2005
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Change of Status to Visitor while awaiting PR
I will be submitting the application to sponsor my husband for PR within the next month (once our marriage certificate arrives). He is in Canada, living with me, on a one-year working holiday visa. We are applying via CHC London as it appears to be faster, and also, we would like to spend some time in Ireland this summer and want to be able to leave Canada without jeopardizing the in-land process. His current working holiday visa expired on July 15th, but we are pretty positive that he won't have his PR status by then. We are planning to leave for Ireland around that time, but he would like to return to Canada with me after the trip to Ireland, and wait out the process with me in Canada. We know he will no be able to work, and will have to remain as a visitor etc. However, should we apply for an extension of status before we leave for Ireland? OR, should we simply leave before his current visa expires and he will return as a visitor and explain that PR is in process and he wishes to remain as visitor when he goes through Canadian Customs? Any advice would be appreciated, we would like to do this the right way.
#2
Joined: May 2004
Posts: 8,984
Re: Change of Status to Visitor while awaiting PR
Extension of status is valid only (1) until expiration date or (2) until person leaves Canada, whichever comes first - thus applying for it before leaving is simply pointless as extension will be gone the moment you depart from Canada.
Leave before current status expires, take with you evidence of having sponsorship application pending and simply tell the truth when returning to Canada and show the evidence. You have no idea how far simply telling the truth can take you...
Leave before current status expires, take with you evidence of having sponsorship application pending and simply tell the truth when returning to Canada and show the evidence. You have no idea how far simply telling the truth can take you...
Originally Posted by sheenoid
I will be submitting the application to sponsor my husband for PR within the next month (once our marriage certificate arrives). He is in Canada, living with me, on a one-year working holiday visa. We are applying via CHC London as it appears to be faster, and also, we would like to spend some time in Ireland this summer and want to be able to leave Canada without jeopardizing the in-land process. His current working holiday visa expired on July 15th, but we are pretty positive that he won't have his PR status by then. We are planning to leave for Ireland around that time, but he would like to return to Canada with me after the trip to Ireland, and wait out the process with me in Canada. We know he will no be able to work, and will have to remain as a visitor etc. However, should we apply for an extension of status before we leave for Ireland? OR, should we simply leave before his current visa expires and he will return as a visitor and explain that PR is in process and he wishes to remain as visitor when he goes through Canadian Customs? Any advice would be appreciated, we would like to do this the right way.
#3
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Re: Change of Status to Visitor while awaiting PR
Thanks Andrew. That's what I thought, but just wanted to check and make certain that was the right route to go.
#4
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Posts: 153
Re: Change of Status to Visitor while awaiting PR
I am so glad this has been brought up. We are in the same situation. We have just sent off the forms to see if my partner is eligible to sponsor.
I leave for the UK next week, we have not had any confirmation yet or any form of communication.
What kind of evidence would I need to show to the immigration officer at the port of entry?
Thank you for your help
I leave for the UK next week, we have not had any confirmation yet or any form of communication.
What kind of evidence would I need to show to the immigration officer at the port of entry?
Thank you for your help
#5
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Re: Change of Status to Visitor while awaiting PR
I think you just need proof that sponsorship is underway, proof of funds to support yourself while you are waiting (ie that you can survive without working) and a return ticket to the UK to prove that you will leave if your application is refused. As Andrew said, be honest with them and explain your situation when you go through customs.
#6
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Posts: 121
Re: Change of Status to Visitor while awaiting PR
Hi, just wondering about a different scenario, as summer is approaching and we are solidifying our plans.
My husband and I are contemplating spending about 3 weeks to a month in New Hampshire as part of our honeymoon this summer, as I am teacher and have the summer off and he will not be eligible to work beyond July 14th. My husband wants to extend his status to visitor while we await the decision of our sponsorship application (which is in progress). Then we were hoping to re-enter canada (as long as he is permitted) and go to my cottage in Prince Edward Island for a few weeks before heading back to Oakville. If we proceed with this plan, should we apply for an extention of status before leaving for the States? I know that technically, an extention is invalid if you leave the country, so is there any point? However, I know that going into the US is a bit different than going to Europe....we don't want to make it look like we just crossed the border to extend our status....at the same time, we will be out of Canada for a good three weeks to a month. What is the best way to proceed?
My husband and I are contemplating spending about 3 weeks to a month in New Hampshire as part of our honeymoon this summer, as I am teacher and have the summer off and he will not be eligible to work beyond July 14th. My husband wants to extend his status to visitor while we await the decision of our sponsorship application (which is in progress). Then we were hoping to re-enter canada (as long as he is permitted) and go to my cottage in Prince Edward Island for a few weeks before heading back to Oakville. If we proceed with this plan, should we apply for an extention of status before leaving for the States? I know that technically, an extention is invalid if you leave the country, so is there any point? However, I know that going into the US is a bit different than going to Europe....we don't want to make it look like we just crossed the border to extend our status....at the same time, we will be out of Canada for a good three weeks to a month. What is the best way to proceed?