About to apply for PR inland, need one more question answered.

[canuck_in_uk]

It will be a solid year (365 days) On may 30th

You are allowed to be in Canada while applying outland. However, you cannot submit your application even ONE DAY before you legally become common-law. To be very sure you understand this, YOU CAN'T SUBMIT YOUR APP BEFORE MAY 30TH.

You can continue to extend your visitor status. With proof of a PR app and sufficient funds, there is little chance of an extension being refused. Many people in the process of applying for and then waiting for PR stay in Canada for years as a visitor.

From what I know, your best bet is to pay the PR fees now, the full $1040. Then apply online for a visitor extension; include the PR fee receipt, explaining that you will be submitting your PR app once you are common-law, and request a one year extension. Include proof of funds as well; you can use savings or your partner's wage slips or both. You will have Implied Status after May 30th until you receive a decision on the extension app.

Then put together an outland PR app to submit AFTER May 30th. It's a bit different than an inland, some different forms and requirements, but you should be able to do it within a few weeks.

Since you state, in one of your other posts, that your common-law partner is sponsoring you, leaving for any length of time (even more than a couple of weeks) will negate the time that you've been cohabiting with your partner. You would need to start all over again and live together (again) for 1 full year before you could claim common-law.

To clarify, this is only true when establishing the one year of cohabitation. Once a common-law relationship is established, as long as the couple remains in a relationship, living separately does not negate the previous time together; they are still common-law. One couple lived apart for around three years after they established their common-law status and were approved.

 

[Ponga]

Then you cannot apply prior to May 31st and even then, you should include enough solid evidence like:

Joint lease or rental agreement

Joint bank account

Joint cell plan

Letters from friends and family (2 of which must be notarized), etc.



Do you have all of this?

 

[Ponga]

To clarify, this is only true when establishing the one year of cohabitation. Once a common-law relationship is established, as long as the couple remains in a relationship, living separately does not negate the previous time together; they are still common-law. One couple lived apart for around three years after they established their common-law status and were approved.

This is only true if the couple is separated for a valid reason, such as employment, right?

 

[KvIII]

Then you cannot apply prior to May 31st and even then, you should include enough solid evidence like:

Joint lease or rental agreement

Joint bank account

Joint cell plan

Letters from friends and family (2 of which must be notarized), etc.

Do you have all of this?

Yes I have all that already!
No I'm not inadmissible in anyway.

You are allowed to be in Canada while applying outland. However, you cannot submit your application even ONE DAY before you legally become common-law. To be very sure you understand this, YOU CAN'T SUBMIT YOUR APP BEFORE MAY 30TH.

You can continue to extend your visitor status. With proof of a PR app and sufficient funds, there is little chance of an extension being refused. Many people in the process of applying for and then waiting for PR stay in Canada for years as a visitor.

From what I know, your best bet is to pay the PR fees now, the full $1040. Then apply online for a visitor extension; include the PR fee receipt, explaining that you will be submitting your PR app once you are common-law, and request a one year extension. Include proof of funds as well; you can use savings or your partner's wage slips or both. You will have Implied Status after May 30th until you receive a decision on the extension app.

Then put together an outland PR app to submit AFTER May 30th. It's a bit different than an inland, some different forms and requirements, but you should be able to do it within a few weeks.


To clarify, this is only true when establishing the one year of cohabitation. Once a common-law relationship is established, as long as the couple remains in a relationship, living separately does not negate the previous time together; they are still common-law. One couple lived apart for around three years after they established their common-law status and were approved.

Awesome, thanks for spelling it all out for me I believe this is the answer I was looking for.
SO, just to clarify.
We pay all the PR fees today, get the receipt printed off, but don't send anything.
Apply for an extension of visitor status, and included the receipt from the 1040.

OK, SO I'm looking over the fees for the extension.
I just need the Extension of Authorization to stay in Canada as a visitor $100 correct?
And Should I file my PR packet after I get a reply back for the extension, and still include the OWP correct?
and the fees are the same correct wither I file inland or out correct?

Thanks for all the help, this is really helping my stress level ;D

 

[rhcohen2014]

if you decide to apply outland instead, you can not submit an open work permit. outland applicants are not eligible for owp.

i would first make sure you can apply for an extension as a visitor when you are technically in on a TRP. you may need to switch your status to a visitor first.

as the above posters have suggested, you can not send in your application until you have fully been in a common law for 1 year, which you said will be may 30th, so you can't send it before then.

yes, it's the extension for authorization and is $100

 

[KvIII]

if you decide to apply outland instead, you can not submit an open work permit. outland applicants are not eligible for owp.

i would first make sure you can apply for an extension as a visitor when you are technically in on a TRP. you may need to switch your status to a visitor first.

as the above posters have suggested, you can not send in your application until you have fully been in a common law for 1 year, which you said will be may 30th, so you can't send it before then.

yes, it's the extension for authorization and is $100

What do you mean by switching my status to visitor?
I was under the impression that temporary residence, and visitor status were the same thing.
"Extension of Authorization to stay in Canada as a visitor (temporary resident)"

 

[rhcohen2014]

What do you mean by switching my status to visitor?
I was under the impression that temporary residence, and visitor status were the same thing.
"Extension of Authorization to stay in Canada as a visitor (temporary resident)"

no, they are completely separate statuses. hopefully canuck can explain better. i'll come back with a thread that has links to both. that's what i'm confused about in your situation. as a us citizen, you would have entered as a visitor, not a temporary resident. how did you come by getting that status? are you sure that's what your status is or are you just assuming because you've been there for so long?

 

[rhcohen2014]

ok, i'm glad to see Canuck is the one that posted the clarification on the thread below:

http://www.canadavisa.com/canada-immigration-discussion-board/moving-back-to-canada-with-american-spouse-t202900.0.html;msg3130416#msg3130416

now, perhaps canuck will be able to confirm whether this pertains to you, as the above thread discusses a TRV, not a TRP, which i think are also different. i'm sorry to confuse you, i'm confusing myself now... i just want to make sure you are going to apply for the proper extension so you don't lose your status and incurr trouble in the future!

 

[KvIII]

ok, i'm glad to see Canuck is the one that posted the clarification on the thread below:

http://www.canadavisa.com/canada-immigration-discussion-board/moving-back-to-canada-with-american-spouse-t202900.0.html;msg3130416#msg3130416

now, perhaps canuck will be able to confirm whether this pertains to you, as the above thread discusses a TRV, not a TRP, which i think are also different. i'm sorry to confuse you, i'm confusing myself now... i just want to make sure you are going to apply for the proper extension so you don't lose your status and incurr trouble in the future!

While filling out for IMM5708E for my extension, in the drop down for STATUS there is no option for temporary resident, so I'm under the impression that Temp resident and visitor are the same thing in my case?

 

[rhcohen2014]

While filling out for IMM5708E for my extension, in the drop down for STATUS there is no option for temporary resident, so I'm under the impression that Temp resident and visitor are the same thing in my case?

that's what i'm hoping canuck will be able to tell you. when you entered, was your passport stamped? was a paper stapled inside? where did you get the idea you have temporary resident status? have you already applied for an extension somewhere along the line and get some paper approval? i think that would help clarify.

 

[KvIII]

that's what i'm hoping canuck will be able to tell you. when you entered, was your passport stamped? was a paper stapled inside? where did you get the idea you have temporary resident status? have you already applied for an extension somewhere along the line and get some paper approval? i think that would help clarify.

No my passport was not stamped at the border, and no paper was put into my passport.
Since I had no stamp, I had 6 months as a visitor. So at the 5 month mark I filled out and send this exact form I believe to extend my stay in canada.
It was approved, and the paper I have in my jacket says Visitor Record at the top and has a UCI number on it.
So maybe I am confused and im not a temporary resident :
Will this affect my extension I am going to file today in anyway?

 

[rhcohen2014]

No my passport was not stamped at the border, and no paper was put into my passport.
Since I had no stamp, I had 6 months as a visitor. So at the 5 month mark I filled out and send this exact form I believe to extend my stay in canada.
It was approved, and the paper I have in my jacket says Visitor Record at the top and has a UCI number on it.
So maybe I am confused and im not a temporary resident :
Will this affect my extension I am going to file today in anyway?

AHA! you are a VISITOR not Temporary Resident. I thought it was odd that you were from the US and have temp resident status. Mystery solved... apply to extend as a visitor! in the application tell them you intend to send your application after may 30th, and ask for 1 year extension. there's no guarantee how long you will be approved for. you will have implied status until you get the decision. i'm not sure how it works applying for an extension so close to the end of your status though.

 

[encantado]

no, they are completely separate statuses. hopefully canuck can explain better. i'll come back with a thread that has links to both. that's what i'm confused about in your situation. as a us citizen, you would have entered as a visitor, not a temporary resident. how did you come by getting that status? are you sure that's what your status is or are you just assuming because you've been there for so long?

visitor visa is called TRV - that is Temporary Resident Visa. It's the same - a visitor and a temporary resident. If u don't need visa you r also have a status of visitor or temporary resident.

 

[canuck_in_uk]

AHA! you are a VISITOR not Temporary Resident. I thought it was odd that you were from the US and have temp resident status. Mystery solved... apply to extend as a visitor! you will have implied status until you get the decision. i'm not sure how it works applying for an extension so close to the end of your status though.

All visitors, whether visa-exempt or not, are actually temporary residents, as are all workers and students.

The confusion seems to have come from you guys jumping from "temporary resident" to TRV/TRP.

 

[rhcohen2014]

visitor visa is called TRV - that is Temporary Resident Visa. It's the same - a visitor and a temporary resident.

no it's not... please see the thread where Canuck explains the difference. us citizens do not require visas to enter. they are visitors, and it's completely different than a TRV. while a visitor is a temporary resident (as canuck clarifies above), that does NOT mean a TRV is the same as visitor status!

http://www.canadavisa.com/canada-immigration-discussion-board/moving-back-to-canada-with-american-spouse-t202900.0.html;msg3130416#msg3130416