Tuesday 13 February 2018

How do you get a Spouse Visitor visa extension in Canada


If an applicant wishes to extend their spouse’s visa then the first step towards the same is to check the visitor visa status in order to ensure that one applies before the expiration date which is usually located on the passport in the form of a stamp.  If the passport does not have the stamp then it means that the expiration would be 6 months from the day one enters Canada.  It is also necessary that one applies 30 days in advance before the expiry of one’s stay as visitor.  Now for extending the stay of spouse as a visitor one can apply from inside Canada only if one has entered Canada legally, one has a valid study permit, has a valid post study work permit, has a valid Canadian residential address, and many more.  This process can be done either online or on paper.
Online:  If one wants to apply for Spouse visitor Visa extension online then one needs to have proper access to a computer and scanner so that one can electronically upload the documents, a valid credit to pay the government fees and an email which the applicant has to check regularly.
Paper:  If one wants to apply on paper then they have to download the application package, read the instructions carefully, complete and sign the form individually even if travelling as part of a family, in case of minor, the parents or guardian has to sign the form, pay government fee either online or through financial institution in Canada which is non-refundable, include receipt of payment with the application and finally mail the application to CPC-Ottawa.  Before sending the application care should be taken that all the required documents are there in order to avoid delays in the application.
However there are many reasons why an application can be delayed like an incomplete application being submitted, request to take a medical exam, request to complete security background check, check for criminal record, request to come for an interview and the last being documents missing.
CAN I REMAIN IN CANADA IF MY APPLICATION IS IN PROCESS?
One can legally remain in Canada if one has applied to extend their status before the expiration date which is then known as implied status whereby one can remain in Canada until a decision is made on one’s application.
Can my spouse work if on implied status?
Yes it is possible till the time all conditions on your permit are met and you remain inside Canada.
CAN MY SPOUSE TRAVEL OUTSIDE OF CANADA IF THEY ARE ON IMPLIED STATUS?
As temporary resident with implied status, one’s spouse can travel outside of Canada and come back only if one has multiple-entry visa.  Once left then one does not have the right to work or study until a decision is made on one’s application.  Due to this it is necessary that one satisfies the immigration officer at the border that one is able to support oneself until a decision is made on one’s application.  If one is not able to show sufficient funds the immigration officer has the right to refuse entry.   If one exits Canada solely for the purpose of visiting United States or St. Pierre and Miquelon then they can apply for new or subsequent extension at the port of entry.  Also one can apply for extension of one’s visitor visa provided they meet the requirements under the IRPR.
IMPLIED STATUS EXTENSION
There are different interpretations to the above like if one’s implied status extension is approved then the issue date is indicated on the document, if it is refused then the applicant is considered in status till the day the decision is made on their application and if it is rejected due to being incomplete, then the applicant is considered in status till the visitor visa document expires.  In such cases a fresh application for extension should be done and fees for restoration should be included else the application will be returned as incomplete.


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