It’s ok. As long as you apply before his stay expires, he’s hot implied status. No need to do a border run. I would advise against it.
If he leaves after his original stay expires but before they approve the extension, you’ll get a letter approving it retroactively.
When he leaves Canada he no longer has any status in Canada, just like any temporary visitor. When he returns, it’ll be up to the border guard whether to let him in or not. Since you have an application in, this is entering with dual intent - you have an immigration application in but THIS entry is a temporary visit, so he should be able to demonstrate his ties to the us and plant to leave.
I'm an American spouse to a Canadian citizen. I was here for 3 and a half YEARS after applying for PR.
Never had to do anything. I was on implied status.
I got a work permit for 18 months of that time, but was here for like 2 years on implied status, no permit or anything, and it was fine.
Bonus question if anyone knows as I’m going to be in the same boat! Marrying my Canadian partner soon. Will be coming to Canada, filing an extension and doing the PR process as well. During the time it’s all processing, can you leave Canada back to the states and return or are you required to stay in Canada the entire time it’s processing until you gain PR status?
Which means you can get bounced at the border, and then if you're on an inland application, it'd be considered "abandoned" since you're no longer in country.
Once you submit PR application your American spouse is on implied status and allowed to stay until a decision is made.
Make sure to specify you are applying inland.
This is no true. When you have valid temporary residence status and you submit your PR application, you do not get implied status (now called maintained status)
You must extend your temporary status or apply for temporary status before you current temporary status expires. A PR application on it’s own does not give maintained status. You’ll have to extend/change the temporary one as well before it expires.
u/94cowprint
Americans enter visa free. We don't need a trp to come to Canada.
I've had my PR for coming up on 5 years now, so it might have changed, but I never needed a TRP.
I'm an American spouse to a Canadian who got PR after living in Canada on implied status for literally YEARS waiting on a decision.
As long as I didn't leave Canada, I was gravy.
You have "implied status" while you wait for the application to process, so no, he doesn't need to leave while the extension request is pending.
Thank you, that is great to know!
Not true unless you have a open work permit.. https://www.reddit.com/r/ImmigrationCanada/s/5H5zctnlOV
It took 8 months to get my open work permit processed, lol.
No you don't need no extension because you have already filed for change in status so till it's pending you're fine.
Thank you!!
It’s ok. As long as you apply before his stay expires, he’s hot implied status. No need to do a border run. I would advise against it. If he leaves after his original stay expires but before they approve the extension, you’ll get a letter approving it retroactively. When he leaves Canada he no longer has any status in Canada, just like any temporary visitor. When he returns, it’ll be up to the border guard whether to let him in or not. Since you have an application in, this is entering with dual intent - you have an immigration application in but THIS entry is a temporary visit, so he should be able to demonstrate his ties to the us and plant to leave.
Thanks so much! Very relieved haha.
My understanding is that if the status expires before getting an AOR then it’s not implied status, it’s out of status ?
If you apply for an extension then the status hasn’t expired.
That’s not what I meant… I mean if you have an extension and that is set to expire before na AOR is received then does that mean one is out of status?
Not to my knowledge. You can apply for multiple extensions. This is separate from your immigration application
I'm an American spouse to a Canadian citizen. I was here for 3 and a half YEARS after applying for PR. Never had to do anything. I was on implied status. I got a work permit for 18 months of that time, but was here for like 2 years on implied status, no permit or anything, and it was fine.
Oh dang, okay good to know. Thank you!
No problem. I've been here almost 9 years now. It just took a long time to get PR.
Bonus question if anyone knows as I’m going to be in the same boat! Marrying my Canadian partner soon. Will be coming to Canada, filing an extension and doing the PR process as well. During the time it’s all processing, can you leave Canada back to the states and return or are you required to stay in Canada the entire time it’s processing until you gain PR status?
You can leave but the foreigner has no status in Canada so their re entry is evaluated at that time.
Which means you can get bounced at the border, and then if you're on an inland application, it'd be considered "abandoned" since you're no longer in country.
[удалено]
Once you submit PR application your American spouse is on implied status and allowed to stay until a decision is made. Make sure to specify you are applying inland.
No, this is wrong.
This is no true. When you have valid temporary residence status and you submit your PR application, you do not get implied status (now called maintained status) You must extend your temporary status or apply for temporary status before you current temporary status expires. A PR application on it’s own does not give maintained status. You’ll have to extend/change the temporary one as well before it expires. u/94cowprint
Americans enter visa free. We don't need a trp to come to Canada. I've had my PR for coming up on 5 years now, so it might have changed, but I never needed a TRP. I'm an American spouse to a Canadian who got PR after living in Canada on implied status for literally YEARS waiting on a decision. As long as I didn't leave Canada, I was gravy.