Tourist Visa will expire 4 days before completing 1 year cohabitation for CL

[marnot]

Hi, sorry for the long title… So, here’s my situation: my tourist visa will expires 4 days before reaching a year of cohabitation that will allow me to proceed with the common law.
My plan is apply for OUTLAND, so that I can go back to my country to visit family and organize some other stuff.

I want to book the return flight to Italy on a date that at least exceeds the year of cohabitation (may 5th 2017 - may 7/8 2018) so as to be safe. What do you advise me to do? To stay in Canada for a few days without a state or to go to outside the border, re-enter and ask to extend my visitor status of just a few more days in order to cover that 1 year?

I hope I was able to explain the situation as well as possible, I’m in a hurry to buy my ticket.
Thanks so much for any advise!!

 

[Buletruck]

Apply for an extension about 3 weeks before your current visa expires. You will have implied status until they decide if they extend or not (currently 102 days processing). You can leave at any time during the extension process without penalty.

 

[marnot]

Apply for an extension about 3 weeks before your current visa expires. You will have implied status until they decide if they extend or not (currently 102 days processing). You can leave at any time during the extension process without penalty.

Thank you for your answer, the thing is that I would like to book my flight now before prices go crazy. Plus, all the online extension process for just 4 more days extension seems too much work and a waste of money.

 

[Buletruck]

But it keeps you in status.....your choice.

Nothing stopping you from booking a flight....it's not like the airlines call up IRCC to check on your status in the country or what applications you have pending.

 

[canuck_in_uk]

Hi, sorry for the long title… So, here’s my situation: my tourist visa will expires 4 days before reaching a year of cohabitation that will allow me to proceed with the common law.
My plan is apply for OUTLAND, so that I can go back to my country to visit family and organize some other stuff.

I want to book the return flight to Italy on a date that at least exceeds the year of cohabitation (may 5th 2017 - may 7/8 2018) so as to be safe. What do you advise me to do? To stay in Canada for a few days without a state or to go to outside the border, re-enter and ask to extend my visitor status of just a few more days in order to cover that 1 year?

I hope I was able to explain the situation as well as possible, I’m in a hurry to buy my ticket.
Thanks so much for any advise!!

Apply to extend your visitor status. You can withdraw after you leave and likely get a refund.

Do you have solid common-law proofs from day 1?

 

[marnot]

Apply to extend your visitor status. You can withdraw after you leave and likely get a refund.

Do you have solid common-law proofs from day 1?

Thanks for answering.
All the common law proofs that I have are joined account since 2016, living in the same apartment, pictures, hotels where we stayed together, my name on the rent agreement since 2016, packages or letter delivered at my name to the Canadian address. To be clear, this is the first time we tried to collect 12 months living together. Before this time, we were having a long distance relationship with me going back and forth from italy to canada every 6 months (6 months in Italy, 6 months in Canada), but I don’t think anything before 2017 matters at this point. What do you think?

 

[canuck_in_uk]

Thanks for answering.
All the common law proofs that I have are joined account since 2016, living in the same apartment, pictures, hotels where we stayed together, my name on the rent agreement since 2016, packages or letter delivered at my name to the Canadian address. To be clear, this is the first time we tried to collect 12 months living together. Before this time, we were having a long distance relationship with me going back and forth from italy to canada every 6 months (6 months in Italy, 6 months in Canada), but I don’t think anything before 2017 matters at this point. What do you think?

So it was May 2017 when you actually started living together continuously? Prior to that, you were going back and forth?

 

[marnot]

So it was May 2017 when you actually started living together continuously? Prior to that, you were going back and forth?

Exactly so. We are together since 2014, we also travelled together since then. And prior to May 2017 I lived here and there (usually 6 and 6 months) Since May 2017 I never separated from him.

 

[canuck_in_uk]

Exactly so. We are together since 2014, we also travelled together since then. And prior to May 2017 I lived here and there (usually 6 and 6 months) Since May 2017 I never separated from him.

I would suggest you add some buffer time at the end of your one year in May. Common-law is a legal status requiring 365 days of continuous cohabitation, so when it comes down to just a day or two, it can lead to more scrutiny just to ensure you actually meet the legal requirement.

 

[marnot]

I would suggest you add some buffer time at the end of your one year in May. Common-law is a legal status requiring 365 days of continuous cohabitation, so when it comes down to just a day or two, it can lead to more scrutiny just to ensure you actually meet the legal requirement.

Thanks, that’s what i plan to do, something like 4-5 extra days. I will consider the option to flagpole at the border and ask for 4 extra days extension with my ticket booked so that they see I will be about to leave the country. Or I was thinking to book the flight from Seattle instead and spend the extra days in US.

 

[canuck_in_uk]

Thanks, that’s what i plan to do, something like 4-5 extra days. I will consider the option to flagpole at the border and ask for 4 extra days extension with my ticket booked so that they see I will be about to leave the country. Or I was thinking to book the flight from Seattle instead and spend the extra days in US.

It is risky to flagpole, as they could easily refuse you re-entry. If you leave Canada before the one year mark, even if you show you are staying together in a hotel, it is also a risk.

Just play it safe and apply online to extend your stay.

 

[marnot]

It is risky to flagpole, as they could easily refuse you re-entry. If you leave Canada before the one year mark, even if you show you are staying together in a hotel, it is also a risk.

Just play it safe and apply online to extend your stay.

The only problem is that now is too early to do the extension (my visitor visa expires in May), and once it is sent out, it may take 90 days to process. I would like to book my flight now that the prices are still reasonable…

 

[KBH]

The only problem is that now is too early to do the extension (my visitor visa expires in May), and once it is sent out, it may take 90 days to process. I would like to book my flight now that the prices are still reasonable…

I'm not understanding what is keeping you from booking the flight. Once you apply for the extension, you can leave at any time before it's done processing. The implied status you gain from the extension application will keep you in status until you desire to leave. It doesn't matter if you leave before it's done processing and there is no reason you can't book your flight now

 

[canuck_in_uk]

The only problem is that now is too early to do the extension (my visitor visa expires in May), and once it is sent out, it may take 90 days to process. I would like to book my flight now that the prices are still reasonable…

Agree with above poster. I don't know what is stopping your from booking a flight now. You don't need to wait until you apply for the extension.

 

[marnot]

Thank you both for the informations you provided, I totally wasn’t sure about leaving during an application is in process. It’s just a bit of a hassle to apply, fill all those forms properly and pay just for few days