Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Inland spouse - visa extension question
10-18-2009, 11:23 PM
Post: #1
Inland spouse - visa extension question
Curious about temporary visa extensions and deadlines, during an inland permanent residency application:

My wife is currently applying for permanent residency as an inland spouse. With more than two months still left on her temporary visa, we mailed in a visa extension.

However, I've just seen on the CIC's Application Processing Times web page that temporary visa extensions are taking approximately 103 days to process. Mg

I'm slightly confused, because the guidance that I've seen on this matter says either:
  • Apply before the visa is due to expire,
  • Apply 30 days before the visa is due to expire, or
  • Apply 60 days before the visa is due to expire.
We have applied more than 60 days before my wife's current temporary visa is due to expire, but the 103-day processing time mentioned above is spooking me.

If it actually takes 103 days to process my wife's visa extension, her current temporary visa would expire before then. Would she be allowed to remain in Canada when her current temporary visa expires, as long as she has a visa extension being processed? Or would she need to leave the country, thus voiding her inland permanent residency application?

Thanks in advance.
Quote this message in a reply
10-19-2009, 01:23 AM
Post: #2
Inland spouse - visa extension question
If it actually takes 103 days to process my wife's visa extension, her current temporary visa would expire before then. Would she be allowed to remain in Canada when her current temporary visa expires, as long as she has a visa extension being processed?

Yes. Since you have an extension in processing, and when her current visa expires, she is in Canada with a pending status. She is allowed to stay in Canada until a decision is made. I sent mine about 3 weeks before the expiry of my visitor's visa, and I am still waiting for my visitor's visa extension :) However, I don't need it any more as it seems that I have just been approved a PR.

Or would she need to leave the country, thus voiding her inland permanent residency application?

I didn't apply inland so I can't answer your question.
Anybody else?

Outland from Canada
My common-law partner sponsors me
  • July 6th 2009 application received @CPC-M
  • Aug 5th 2009 sponsorship appr.
  • Aug 19th 2009 application received in Buffalo
  • Between Aug 19th 2009 and Septr 7th 2009 Medical results have been received
  • Oct 17th 2009 PPR. Letter from Buff. dated 6 Oct 2009.
  • 19 Oct 2009 passport sent to immigration authorities
  • 22 Oct 2009 passport received @ Fort Erie
  • 5 Nov 2009 passport received back with COPR
  • 14 Nov 2009 landed in Niagara Falls
Find all posts by this user
Quote this message in a reply
10-19-2009, 01:36 PM
Post: #3
Inland spouse - visa extension question
First of all, your wife HAS to remain in Canada because she has filed for PR via the inland process - so this is an important piece of the puzzle and you've actually not followed the instructions in the inland guide for how to deal with her temporary status. The inland guide explains that your wife must maintain her valid temporary status - even when applying inland - and that the way to do this is to include the extension application WITH the inland PR application. Failing to do this can significantly delay processing of the PR application.

Nordicgirl is correct that it is currently taking 103 days to process temporary status extensions, and that as long as the extension application is received by CPC-V BEFORE your wife's status expires, she can remain in Canada under "implied status" until her new temporary status has been received. BUT, the problem is that CPC-Vegreville's right hand doesn't know what the left hand is doing, and even though her extension application will be sent to CPC-V, just like the inland ap was, they will not automatically "match" the two to each other. This means the officer processing your wife's inland PR ap may not be notified that that your wife is maintaining her temporary status - which will result in her inland PR application being transferred to your local CIC office for special handling. If this happens, and your local CIC office happens to be a busy office, processing of the inland PR ap can be delayed for up to a couple of years! In addition, as an inland applicant your wife is eligible for an open work permit once she has passed the first stage of assessment of the PR ap, which takes about six months. The way you apply for the OWP is by paying the additional $150 fee and including the OWP ap (which is just an extension ap with the "work permit" option checked) WITH the inland PR ap. This protects her temporary status with "implied status", same as was explained before. Then, as soon as the first stage of assessment is completed for the inland ap, your wife would be automatically issued her new temporary status document in the form of an open work permit.

You didn't include a timeline with your post, so I have no way of knowing when the inland PR ap was submitted. If you can post that info, depending on how long it's been, you might have some options for fixing this.

2007Mar-submitted
2007Apr-to Buffalo
2007May-docs request
2008Jan-refused/inadmissible over 18 "dependent"
2008Feb-filed appeal
2008Dec-ADR fails
2010Jan-appeal allowed
2010Apr-Buffalo recvs file
30Nov2010-APPROVED!!
05Jan2011-COPR recd
31Jan2011-LANDED!!Bliss
Find all posts by this user
Quote this message in a reply
10-19-2009, 04:43 PM
Post: #4
Inland spouse - visa extension question
Preferable to send in visa extension app and PR app together?

The temporary visa extension application was received by Vegreville on Sept. 24, and the inland permanent residency application was received by Vegreville on Sept. 28. I sent the temporary visa extension in early so that it could be processed quicker. I did see the part in the instructions that said that you could send in the temporary visa extension application together with the PR application, but my impression was that sending the applications together was entirely optional. The instructions didn't mention anything about it being preferred to send both applications in together. The instruction guide titled "Applying for Permanent Residence from Within Canada: Spouse or Common-Law Partner In Canada Class", also known as "IMM-5289E (10-2009)", states on page 25:

Maintaining Legal Status in Canada

You have two options available to ensure that your legal temporary status in Canada remains valid until permanent residence is confirmed:

1. You can apply for both an extension of your temporary resident status and permanent resident status at the same time. If you choose this option, complete both an application to extend your status and an application for permanent residence. Be sure to include both applications and all the supporting documents and fees that are required in the same envelope.
Note: The acceptance of your application for temporary resident status does not guarantee the acceptance of your application for permanent residence.

2. You can apply to extend your temporary resident status separately from the application for permanent residence, but you must do so before your temporary status expires. You have legal status for the period of time indicated on your visitor document (work permit, study permit, visitor record) or temporary resident permit.


If you are correct that it is much better to send in these two application together, why on Earth doesn't the instruction guide also suggest this?

Have included a letter regarding applying for both PR and temporary visa extension...

Although I have sent in the temporary visa extension application and PR application separately, I paid for these two things in a single online transaction, and thus have a unitary receipt for both items. (I phoned the CIC call centre and they told me it would be okay to have a unitary receipt [and I included a copy of the unitary receipt with both applications], despite sending in my two applications separately.)

With both applications, I included a letter attached to the payment receipt explaining that I had mailed in the other application separately, but paid for both with a single transaction. So hopefully the workers in Vegreville who process PR applications will read the letter and be satisfied that my wife is attempting to extend her temporary visa.

Open Work Permit (OWP)

Well, this news is certainly a kick in the pants. I thoroughly read the inland PR application instructions cover to cover several times over, and nowhere did it suggest applying for an OWP, let alone applying for one concurrently. Grrrrrr.

Would it be possible to send in an OWP application now, and have them add it to my wife's inland PR application? If not, would my wife be able to apply for an OWP once the first stage of her inland PR application is approved? And how long would that likely take?

Leaving the country

Am I correct to assume that my wife won't be able to leave Canada until after the entire PR application process is finalized, rather than simply after the first phase has been approved? We had planned to have another wedding ceremony overseas next year, but with these potential complications to my wife's inland PR application, I'm beginning to wonder if such a wedding ceremony is no longer feasible.

Any advice would be greatly appreciated!
Quote this message in a reply
10-20-2009, 03:31 AM
Post: #5
Inland spouse - visa extension question
Yes, you can send in an OWP application now. But, just so there is no question, even though it's not technically necessary because you've already applied to extend her status, I'd be sure you get the OWP ap to CPC-V before her current status expires. Track the mailing and get delivery confirmation.

Because the inland PR application was just received last month, you have several months before they'll actually be assessing it. What you should do is send another extension application to CPC-V, check the option for "initial work permit", pay the $150 fee and write across the top of the application, "OPEN WORK PERMIT APPLICATION - DO NOT PROCESS UNTIL FIRST STAGE APPROVAL". Provide as much information as you possibly can to identify your wife's PR application - her client ID# is a good start.

CIC is reporting 5-6 months for processing of first stage approval at present - they're currently processing aps received through April 26th - so you have a really good chance of getting the OWP ap in before they ever get to her PR ap and that will ensure that there's no misunderstanding about her temporary status, as well as ensuring that she'll be issued an OWP immediately after she passes first stage assessment.

As far as your wife leaving Canada - the issue is her being able to return to Canada after a trip away. The inland process requires the applicant to be residing in Canada in order for the application to be finalized because of the fact that the entire process happens within Canada. But there is never any guarantee that a foreign national coming into Canada will be admitted - so the recommendation is that inland applicants NOT leave Canada until they receive PR status. Even an OWP is not a re-entry permit - so simply having achieved first stage approval is no guarantee of re-entry if she leaves. Now, I personally know of people who've left Canada and been readmitted while waiting for an inland PR ap to be finalized - although every one of those people was visa-exempt. Non-visa-exempt nationals need to apply in advance of travel to Canada for admission and those TRVs are routinely refused for spouses of Canadians - especially when they disclose their intent to remain in Canada permanently by virtue of having filed an application for permanent status. Don't know if your wife is visa-exempt or not, but especially if she isn't (and maybe even if she is) - personally - I wouldn't risk it. e

2007Mar-submitted
2007Apr-to Buffalo
2007May-docs request
2008Jan-refused/inadmissible over 18 "dependent"
2008Feb-filed appeal
2008Dec-ADR fails
2010Jan-appeal allowed
2010Apr-Buffalo recvs file
30Nov2010-APPROVED!!
05Jan2011-COPR recd
31Jan2011-LANDED!!Bliss
Find all posts by this user
Quote this message in a reply
10-20-2009, 03:54 AM
Post: #6
Inland spouse - visa extension question
Thanks for the update and advice. We'll get her open work permit (OWP) application in as soon as possible.

In terms of us sending in separate permanent resident (PR) and temporary visa extension applications, but paying with a single online transaction, and enclosing a note with both applications referencing the other application, would you expect that will prevent the Vegreville office from sending the PR application to our local office for slow-motion processing?

Our main concern isn't so much my wife's right to work (as she intends to be a self-employed designer - rather than a wage slave like me!), but rather how long it will take for the entire PR process to be completed. We planned to have a wedding ceremony overseas next summer (it's rather time-sensitive on her part, for reasons I won't get into), and she's also keen to see her family (as she's been away from her home country for more than three years). We won't take the risk of her leaving Canada prior to her being granted full PR, so we're keen to have the entire process finished as soon as possible. We were both a bit shocked to read your note about her application possibly growing mold in our local CIC office for a year or two longer than necessary, but hopefully the unitary receipt and the enclosed letters in her PR and visa extension apps will prevent that from becoming a problem.

One last question re: my wife's client ID number. We haven't received any mail/confirmation regarding her application, so as far as I'm aware, she hasn't been assigned a client ID number yet. Could I use the number from the online payment receipt instead? I noticed that was an option for checking one's account status on the eCAS website, so my assumption is that would suffice. Could you kindly confirm?

Cheers. :)
Quote this message in a reply
10-20-2009, 11:25 PM
Post: #7
Inland spouse - visa extension question
Considering the fact the 1) you have been maintaining your wife's temporary status properly (whether the extension ap went with the PR ap, or you applied separately) and 2) that it will be another 5 months before they even look at her PR application and by then you'll have submitted the OWP application also - with clear indication that it's to be matched to the inland PR ap - I don't think you have anything to worry about as far as the ap being transferred to your local office. It should be clear to them when they assess her for first stage approval that she does, in fact, have valid temporary status and that will eliminate the need for a transfer for that reason. There is still the chance that they'll want to interview her - if you did not provide enough evidence of your "genuine relationship" to satisfy them - but if you did submit evidence that documents the development of your relationship, etc., that shouldn't be a worry either. If things remain straight-forward, others' experience has shown inland aps finalizing within the first year after submission.

Client ID# - in your original post you mentioned that your wife has a temporary visa that will expire in a couple of months. That document will contain her client ID# - and that is the number you should use on all correspondence with CIC regarding her permanent residence status. That's "her number" in Immigration Canada's system and will make it easier for them to match her OWP ap, her extension ap and her PR ap together.

2007Mar-submitted
2007Apr-to Buffalo
2007May-docs request
2008Jan-refused/inadmissible over 18 "dependent"
2008Feb-filed appeal
2008Dec-ADR fails
2010Jan-appeal allowed
2010Apr-Buffalo recvs file
30Nov2010-APPROVED!!
05Jan2011-COPR recd
31Jan2011-LANDED!!Bliss
Find all posts by this user
Quote this message in a reply
10-21-2009, 01:13 AM
Post: #8
Inland spouse - visa extension question
My wife is from a visa-exempt country, so she arrived in Canada without pre-applying for her visa. The stamp that the CBSA official at the airport put into the passport counts as her temporary resident visa - and that only had a three-digit number on it. So no go there.

All I can think of, if there's no client ID#, is to use the receipt number from permanent resident and TRV extension application payment.

---

Initial OWP application has been submitted. Thanks ever so much for your assistance. :)
Quote this message in a reply
05-20-2014, 04:07 AM
Post: #9
RE: Inland spouse - visa extension question
Hi! I am having similar situation here. We recently submitted inland application for my wife last April 16, 2014. Along with the application, we also submitted an application for OWP together with the receipt. Now, my wife's visa will expire on May 27th, 2014 and we were not able to apply for her extension. Do you think we can still try to apply for an extension even if CIC says it should've been done 30 days before the visa expires. And also, with that application for OPW be considered as her maintaining her status? what should we do?

Thanks!
Find all posts by this user
Quote this message in a reply
05-20-2014, 04:45 PM
Post: #10
RE: Inland spouse - visa extension question
What do you mean "we were not able to apply for her extension?"

The OWP application with the inland PR application is sufficient. She has "implied status" and may remain in Canada until such time as a decision is made on the OWP application. Of course, if you'd prefer to have documentation of her status in the interim you can also apply to extend her visitor status.

The CIC website says 30 days. The law says "prior to expiration". So as long as the application is received by CIC, her renewal is timely. The best way to ensure timely renewal is to file online.

FSW: App 6/09, reject 12/11, JR leave 7/12, discontinued 9/12
Spousal: App 3/12, sponsor approval 6/12, PPR 9/12. Landed 13 October 2012.
Find all posts by this user
Quote this message in a reply
Post Reply 


Possibly Related Threads...
Thread: Author Replies: Views: Last Post
  COPR question ..... Benni 3 78 10-23-2014 12:28 AM
Last Post: miablake
  CSQ + PR Application for spouse gobicse 1 147 10-14-2014 12:18 AM
Last Post: miablake
  apply as outside Canada while in Canada on a visitre visa wesleykrahn 1 130 10-08-2014 02:42 PM
Last Post: miablake
  spouse sponsorship lyn 13 595 10-01-2014 03:27 PM
Last Post: Kit16
  Spouse sponsorship(italian) Hypno73 14 372 10-01-2014 12:10 PM
Last Post: Hypno73
  Sposal Visa Extension. happylife 8 266 09-22-2014 06:48 PM
Last Post: computergeek
  Change from inland to outland application cazk21 12 395 09-19-2014 11:16 PM
Last Post: computergeek
  Spouse sponsorship - inland or outland? Plus work travel?? Albajavi 3 371 09-18-2014 05:33 PM
Last Post: Albajavi
  extension of stay HELP please! goldensylph73 11 407 09-16-2014 10:31 PM
Last Post: goldensylph73
  Sponsorship Question Nancwilt57 6 397 09-09-2014 12:34 AM
Last Post: miablake

Forum Jump: