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.
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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