Couple in need of advice on how best to proceed with visas

[mattandally]

Hey everyone!

I'm Matt, 27 and British, and my partner Ally, 25, is Canadian. Sorry if this is a bit long winded, but we have quite a background history to explain, as our situation is a bit unusual.

We've been together almost 6 years, and qualify as common-law since 1st July 2015 (where we lived together, paying rent and bills together for over a year). Ally has completed her Tier 4 & 5 visas in the UK, and now it's my turn to live in Canada. We've visited Canada multiple times in the last few years, but I've only ever been a tourist with eTA. I flew into Canada at the beginning of this month, and got pulled aside by the border guard who grilled me about my stay, and then denied my 6 month tourist visa, instead limiting it to 3 months, with my visitor status expiring 3rd February 2020.

We will be living with Ally's parents, rent free, and my parents are coming over to spend Christmas in Canada. From Jan-May we were supposed to be cat/house sitting for Ally parents while they're in Florida. Ally works full time and can support the little outgoings we will have on her own, her parents will continue paying the utilities.

We've been looking at ways to extend my stay, and also to ensure I don't get rejected at the border again. I'd also like to be able to work over here. We looked at a Working Holiday Visa, but the pool recently closed for the season, and the next draw date hasn't been released yet, likely to be next year. I'll add myself to the pool when it next becomes available.

While looking at WHV we decided to consider PR, which we're currently creating our application for. However, we've heard the PR can take up to 12 months to go through, and I need to be in Canada that whole time. Most people suggest applying for an Open Work Permit, which would allow me to stay in Canada, hopefully, until the PR application has gone through. The only issue with that is the OWP can also take around 4-6 months to process, and I have just over 2 months on my visitor stamp.

In the PR application checklist they ask if we are currently living together, with a 'yes' or 'no' option, and then request documents to verify after. I'm a visitor, living with my common-law partner, in her parents house. I'd say we're living together, but then they request property ownership, rental agreement, joint utilities etc which we don't pay for. So should we just select 'no', that we don't live together?

We then looked at extending my visitor status, I believe I'm correct in saying this is called a 'Visitor Record'. Which I'm also completing the application for now. This seems pretty straight forward, but the whole process seems long winded. I'm only applying for this extension, so that I can still be here if/when the OWP gets accepted, is this the correct way to do this?

I appreciate any advise or feedback at all. We're very inexperienced in all this, and it's quite overwhelming.

Matt and Ally

 

[bellaluna]

IMO, you have the correct understanding: go ahead with the PR/OWP inland application and apply for the visitor extension some time in January.

 

[canuck_in_uk]

Hey everyone!

I'm Matt, 27 and British, and my partner Ally, 25, is Canadian. Sorry if this is a bit long winded, but we have quite a background history to explain, as our situation is a bit unusual.

We've been together almost 6 years, and qualify as common-law since 1st July 2015 (where we lived together, paying rent and bills together for over a year). Ally has completed her Tier 4 & 5 visas in the UK, and now it's my turn to live in Canada. We've visited Canada multiple times in the last few years, but I've only ever been a tourist with eTA. I flew into Canada at the beginning of this month, and got pulled aside by the border guard who grilled me about my stay, and then denied my 6 month tourist visa, instead limiting it to 3 months, with my visitor status expiring 3rd February 2020.

We will be living with Ally's parents, rent free, and my parents are coming over to spend Christmas in Canada. From Jan-May we were supposed to be cat/house sitting for Ally parents while they're in Florida. Ally works full time and can support the little outgoings we will have on her own, her parents will continue paying the utilities.

We've been looking at ways to extend my stay, and also to ensure I don't get rejected at the border again. I'd also like to be able to work over here. We looked at a Working Holiday Visa, but the pool recently closed for the season, and the next draw date hasn't been released yet, likely to be next year. I'll add myself to the pool when it next becomes available.

While looking at WHV we decided to consider PR, which we're currently creating our application for. However, we've heard the PR can take up to 12 months to go through, and I need to be in Canada that whole time. Most people suggest applying for an Open Work Permit, which would allow me to stay in Canada, hopefully, until the PR application has gone through. The only issue with that is the OWP can also take around 4-6 months to process, and I have just over 2 months on my visitor stamp.

In the PR application checklist they ask if we are currently living together, with a 'yes' or 'no' option, and then request documents to verify after. I'm a visitor, living with my common-law partner, in her parents house. I'd say we're living together, but then they request property ownership, rental agreement, joint utilities etc which we don't pay for. So should we just select 'no', that we don't live together?

We then looked at extending my visitor status, I believe I'm correct in saying this is called a 'Visitor Record'. Which I'm also completing the application for now. This seems pretty straight forward, but the whole process seems long winded. I'm only applying for this extension, so that I can still be here if/when the OWP gets accepted, is this the correct way to do this?

I appreciate any advise or feedback at all. We're very inexperienced in all this, and it's quite overwhelming.

Matt and Ally

It seems you guys didn't do any research into this before coming to Canada. Given that your partner has had to deal with visa formalities in the UK, you really should have been more aware that you needed to look into the process for you to stay in Canada.

As long as you apply for the OWP prior to your visitor status expiring, you will have Implied Status after expiry.

Of course you can't lie and say you aren't living together. Get some mail sent at that address, get a joint bank account, joint credit card, order from Amazon, notarized letter from her parents etc. It's not hard to get proof of address.

It is too early to apply for a visitor extension. Wait until February. Provided you can show sufficient finances and proof of the PR app, there should be no issues.

 

[mattandally]

It seems you guys didn't do any research into this before coming to Canada. Given that your partner has had to deal with visa formalities in the UK, you really should have been more aware that you needed to look into the process for you to stay in Canada.

As long as you apply for the OWP prior to your visitor status expiring, you will have Implied Status after expiry.

Of course you can't lie and say you aren't living together. Get some mail sent at that address, get a joint bank account, joint credit card, order from Amazon, notarized letter from her parents etc. It's not hard to get proof of address.

It is too early to apply for a visitor extension. Wait until February. Provided you can show sufficient finances and proof of the PR app, there should be no issues.

You're correct, we didn't do any research, as I was only initially intending on coming as a visitor until May 2020. It's was only after being denied the 6 month visa that we've started looking into this with a bit more haste. We weren't planning on spending longer than 6 months in Canada, initially. We'd always known eventually one of us would have to apply for PR in the other's country, but we weren't planning on doing it this soon. Hence the lack of research.

Thanks for confirming about the implied status.

We weren't planning on lying, they just make it difficult for us to know which category we fit in. We have a joint bank account, opened last week, and could get a notarized letter from her parents, I just didn't know if this would suffice.

Why is it too early to apply for a visitor extension? My visitor status expires on the 3rd of February. Surely that's leaving it too close? I don't know how long processing times are, but if I stay in Canada past the 3rd of Feb its illegal and would obviously jeopardize the application for PR too

Thanks in advance

 

[canuck_in_uk]

You're correct, we didn't do any research, as I was only initially intending on coming as a visitor until May 2020. It's was only after being denied the 6 month visa that we've started looking into this with a bit more haste. We weren't planning on spending longer than 6 months in Canada, initially. We'd always known eventually one of us would have to apply for PR in the other's country, but we weren't planning on doing it this soon. Hence the lack of research.

Thanks for confirming about the implied status.

We weren't planning on lying, they just make it difficult for us to know which category we fit in. We have a joint bank account, opened last week, and could get a notarized letter from her parents, I just didn't know if this would suffice.

Why is it too early to apply for a visitor extension? My visitor status expires on the 3rd of February. Surely that's leaving it too close? I don't know how long processing times are, but if I stay in Canada past the 3rd of Feb its illegal and would obviously jeopardize the application for PR too

Thanks in advance

I read Feb 23rd for some reason. Apply in January. Provided you apply for the extension BEFORE Feb 3rd, you will have valid Implied Status after your current status expires.

Note that overstaying in Canada would not jeopardize the PR app.

Also, you don't have to apply for PR now. You can just apply for the visitor extension and stick to your original plan of staying 6 months.

 

[mattandally]

I read Feb 23rd for some reason. Apply in January. Provided you apply for the extension BEFORE Feb 3rd, you will have valid Implied Status after your current status expires.

Note that overstaying in Canada would not jeopardize the PR app.

Also, you don't have to apply for PR now. You can just apply for the visitor extension and stick to your original plan of staying 6 months.

Ok thank you for clarifying, we've been recommended January on another forum post so will stick with that. Will I get some kind of confirmation of Implied Status once the application is submitted?

Thanks for letting us know, I didn't know this. My only other question is on the PR application it asks me to provide proof of my 'status in Canada'. Assuming I'm sending this before I apply for the visitor extension, and currently only on a visitor status, do I just say that my 'status in Canada' is as a visitor? Or is a visitor not considered having 'status in Canada'? I'll be sending my OWP application at the same time as PR so won't have that confirmed either.

Thanks so much for all your help on this

 

[canuck_in_uk]

Ok thank you for clarifying, we've been recommended January on another forum post so will stick with that. Will I get some kind of confirmation of Implied Status once the application is submitted?

Thanks for letting us know, I didn't know this. My only other question is on the PR application it asks me to provide proof of my 'status in Canada'. Assuming I'm sending this before I apply for the visitor extension, and currently only on a visitor status, do I just say that my 'status in Canada' is as a visitor? Or is a visitor not considered having 'status in Canada'? I'll be sending my OWP application at the same time as PR so won't have that confirmed either.

Thanks so much for all your help on this

No, IRCC doesn't send confirmation of Implied Status.

No status = in Canada illegally. Visitor status is valid status. Your proof of status is the stamp in your passport.