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Old 01-03-2004, 09:19 PM   #1 (permalink)
Matt And Laurence
 
Posts: 4
Default In-Canada spousal application - visa extension

I am a spouse of a Canadian citizen and I am living in Canada. I sent my PR
application on Nov. 24, 2003. My current visa (Work-Holiday visa) exprires
on Feb 6, 2004.

1) If I apply now for a visitor visa and since it takes 60 days to hear back
from CIC, do I have to leave Canada on Feb 6 since I won't know if my
current visa will be extended? If so, would it ruin my In-Canada application
since I won't be in Canada any longer?

2) My current visa is a special Work-Holiday visa between France and Canada.
I am currently employed on a contract-basis. Is there any way for me to keep
working until I get PR status? I don't qualify for temporary worker status.

3) Can I get a new visitor visa just by crossing the border with the US?

Thank you
 

Old 01-03-2004, 10:14 PM   #2 (permalink)
The Wizzard
 
Posts: 39
Default Re: In-Canada spousal application - visa extension

Matt and Laurence wrote:
    > I am a spouse of a Canadian citizen and I am living in Canada. I sent my PR
    > application on Nov. 24, 2003. My current visa (Work-Holiday visa) exprires
    > on Feb 6, 2004.
    >
    > 1) If I apply now for a visitor visa and since it takes 60 days to hear back
    > from CIC, do I have to leave Canada on Feb 6 since I won't know if my
    > current visa will be extended? If so, would it ruin my In-Canada application
    > since I won't be in Canada any longer?

No. You have what is called "implied status" until you find out whether
you were approved for an extention or not. So you just need proof you
mailed in the application I guess in case anyone asks. Then once you get
the official verdict you have to obey those terms and stay or leave
depending what they stay. Obviously it would be a bad idea to leave the
country or travel if yoru status is only implied and it's generally a
bad idea to leave the country during an inland application anyway unless
you can't avoid it as your re-entry is never guaranteed unless you are a
Citizen or have valid PR status.
    >
    > 2) My current visa is a special Work-Holiday visa between France and Canada.
    > I am currently employed on a contract-basis. Is there any way for me to keep
    > working until I get PR status? I don't qualify for temporary worker status.

Unless you have a work permit or are a PR or Citizen or you are a
student working on campus then any work you do would be illegal. If you
cannot get a work permit you can't do the job until you either get
approved in principal and apply for an open work permit or you get PR.

    >
    > 3) Can I get a new visitor visa just by crossing the border with the US?
    >

Theoreticaly once you leave you are no longer a visitor and then when
you re-enter you begin again, however it seems some immigration officers
don't consider that adequate for maintaining status as I have read of a
few people ending up in unfortunate situations because their absence was
so breif they didn't consider them to have properly left the country.
Also you risk not being readmited which would totally screw up you
rinland application. Just wait for the extension you have filed. If you
explained that you have a Canadian spouse and are applying from within
it is unlikely they will deny you an extension as keeping legal status
is part of the inland process and they rarely process application within
6 months currently.

Drew
 
 


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