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Jason12345

Star Member
Jun 12, 2013
127
16
i am from the uk and we live in canada atm on a tourist visa. My GF is expecting our first baby in may but my tourist visa runs out in Jan23rd.

What is the best route for me to go down to be able to stay with her in canada. We have only been together for 4-5 months living together but we were traveling around the world together for over a year but i dont no if that will count towards common-law.

Once i apply for common-law, IEC, extended Visitor would i have impending status. Its important to me that i can stay here whilst the application is being processed because of my baby


many thanks
 
Whether or not the time you have spent travelling will count towards common-law will depend on just how you can define "cohabitation". You have to prove it to the satisfaction of the visa office. Can you? If not, your only alternative is marriage.
An inland application may give you implied status as a visitor if an open work permit application is included in the application for permanent residence. Alternatively, you can apply for an extension of the visit visa. There are no guarantees that you will be granted an extension however. As an outland application does doesn't offer any form of implied status, an extension would be your only option.
 
Jason12345 said:
We have only been together for 4-5 months living together but we were traveling around the world together for over a year but i dont no if that will count towards common-law.

Technically yes, that would qualify you common-law as long as you have been physically living together for 12 consecutive months with no long (say over 3 weeks) breaks during those 12 months. It doesn't matter how many places you lived, as long as it was continuous. I say "technically" because in order to qualify for sponsorship, you need to be able to prove common-law. So if you kept records/documents/proofs of each place you lived at while travelling that would show you lived there together, then you would have a chance. With no proofs, then it would be difficult and a visa officer may reject the common-law claim.

If you've been living together in Canada now for 4-5 months, then you would just need to prove the previous 7-8 months of living together to get common-law status. It's up to you if you feel you have enough proof to try. If you don't have enough proofs while travelling, then you'll need to wait until you reach 12 months living together in Canada.

The other option is to get married and then apply.

Once i apply for common-law, IEC, extended Visitor would i have impending status. Its important to me that i can stay here whilst the application is being processed because of my baby

As a UK citizen you should be able to extend your visitor status here fairly easy. You could always ask for a 1 year visitor extension.

In general UK citizens are better off applying outland through the London visa office. If you apply as common-law or married, you could have your full PR done in well less than a year. You would just need to maintain visitor or IEC status during that time to stay in Canada.
With an inland application you could stay here during the entire time, but the processing takes much longer (up to 2 years). You wouldn't get work permit with inland app, until around 11 months.
 
Jason12345 said:
i am from the uk and we live in canada atm on a tourist visa. My GF is expecting our first baby in may but my tourist visa runs out in Jan23rd.

What is the best route for me to go down to be able to stay with her in canada. We have only been together for 4-5 months living together but we were traveling around the world together for over a year but i dont no if that will count towards common-law.

Once i apply for common-law, IEC, extended Visitor would i have impending status. Its important to me that i can stay here whilst the application is being processed because of my baby


many thanks

If you're under 30 years old I would suggest you to get the working holiday visa which allow you to stay and work in Canada for 12 months. This additional 12 months will make you in an official common law relationship and you have time to accumulate all proof of your relationship. In addition you can be with your girlfriend on time for her delivery as this visa is very quick and easy to get! Of course this is conditionnal of you're not over 30.

Best of luck!

http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/working_holiday-vacances_travail.aspx