Visitor extension for spouse! |
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Samtheyamyam
Junior Member Joined: 23 Jul 2012 Status: Offline Points: 11 |
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Posted: 23 Jul 2012 at 3:25am |
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Hi I'm Canadian, my spouse is British and we have a concern about visitor extension. As I'm sponsoring her will she be able to stay here in Canada with me whilst our application is being processed? We are doing an out of Canada and will be sending off our application in August. Her extension ends in September. Will she need to extend it and if so, would it be best to send the sponsorship off before applying for the extension? This will be her second 6 month extension. I read somewhere that she would automatically be able to stay because I'm sponsoring her, or is that false? Thanks
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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No, a spouse is not able to automatically stay with their sponsoring partner in Canada. If the application is an inland sponsored partner PR application, a "stay" of removal proceedings is virtually automatic albeit this is dependent on meeting certain conditions. This does NOT make it worthwhile submitting an inland application. (That is: stick with doing the out-of-Canada application.) For most visa-exempt partners already in Canada legally, I suspect that so long as the basic requirements are met, an extension to stay pending the processing of the sponsored PR application is very likely to be granted. It may be routine. It is not, however, automatic. Since it is the second extension, it is probably more important to well-document things like the qualified relationship (copy of marriage certificate) and means of support (Canadian partner's commitment probably sufficient), and to actually have the sponsored partner application submitted . . . noting, though, that a copy of the receipt for fees paid for the sponsored partner application (not original receipt, since the original must be sent with the application itself) may be sufficient if, for some reason, the application itself is not yet submitted. In this regard: best to be diligent and cautious about submitting a solid sponsored PR application rather than to rush it. So, if time is tight, pay the fees, include a copy of the receipt with the application to extend. Unfortunately there are no guarantees. If everything is on the up-n-up, though, it should be OK. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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