Extend visit to reach Common-Law: how to apply?

[Kahisys]

Greetings everyone.

I am a young French citizen with a visitor visa currently living with my partner in New Brunswick, Canada. My visitor visa ends the 11th of February, so I assumed now would be a good time to apply for an extension of stay.

My partner and I are aiming to reach the status of common-law together, which would be possible starting next August. As such, I need to extend my stay.
I've looked up the CIC website and I'm unsure which way is the best to apply for an extension of stay under these conditions.

What's the best way to apply for an extended visitor visa to reach common-law status? Online, or by postal service? Are there any non-specified documents/proofs I need to add to the application?

Thank you in advance for your help.

 

[Jalex23]

What's the best way to apply for an extended visitor visa to reach common-law status? Online, or by postal service?

It doesn't matter.

Are there any non-specified documents/proofs I need to add to the application?

No...

Provide evidence that show you are working towards common-law, for example joined bank accounts, lease agreemnts, common-law declaration, etc.

 

[Kahisys]

What's a common-law declaration? I don't have a bank account here so joined accounts aren't going to be a thing.
I am however on our apartment's lease.

 

[scylla]

You can't include a common law declaration. You're not common law yet.

Your only option is to apply for a regular extension (visitor visa extension).

Based on the experiences here, CIC seems to almost always approve extensions if the reason for that extension is that you want to complete one year of living together to become common law. I would state this as the primary reason for your extension request in your application - and also include a letter from your Canadian partner stating the same and saying that once you are common law, he/she will be submitting an application to sponsor you for PR. You shouldn't have any issues being approved.

I would include proof you are living together - and also show proof of funds (either yours or your partners) to show you have enough money to pay for your stay here (since you obviously won't be working).

Hope this helps.

 

[Jalex23]

What's a common-law declaration?

I would think this differs by Province, but in Alberta we have the:

"Adult interdependent partner agreement"

Two adults sign it to establish they are "common-law". Even though it does not help for CIC purposes as a "declaration" it does help to establish intent. You can find a template in the "Adult Interdependent Relationships Act".

If you are from another province there should be something similar. Attach this to your extension application.

 

[madeleineph]

You can't include a common law declaration. You're not common law yet.

Your only option is to apply for a regular extension (visitor visa extension).

Based on the experiences here, CIC seems to almost always approve extensions if the reason for that extension is that you want to complete one year of living together to become common law. I would state this as the primary reason for your extension request in your application - and also include a letter from your Canadian partner stating the same and saying that once you are common law, he/she will be submitting an application to sponsor you for PR. You shouldn't have any issues being approved.

I would include proof you are living together - and also show proof of funds (either yours or your partners) to show you have enough money to pay for your stay here (since you obviously won't be working).

Hope this helps.

Hello,

I am currently under my TRV and I want to apply for an extension for the same reason, we want to complete 1 year of living together so we become common-laws and the apply for a sponsorship. Anyway, on this explanation letter they ask, we both have to write one?

I saw this example on a different forum

I, ____, have enclosed this letter of financial support with ____'s IMM5708 Visitor Extension Application. She is requesting to extend her stay for 1 year so that we can qualify for common-law status and cover the wait times shown by the VO office she will be sending her application to. She will then be applying for her permanent residency through the Family Class – Spousal program.
I, ____, will be taking full responsibility for any extra expenses or emergency funds required during the duration of her stay in Canada. I have the means of providing for her and have provided a letter of employment from my current employer. I will also provide pay stubs to attest for my financial ability to do so.
While she is visiting She and I both understand that she is unable to work or go to school, and will only be here solely to visit me, and gain common-law status.

During her extended stay, she will continue to stay at my house located at ____ where I will continue to provide financial support for her.

____

can I make a explanation letter with pretty much the same things said in there and he use the financial support letter to explain as well? that way I would be the only making an explanation letter, which will be pretty much the same.

im sorry, im just overwhelmed with the amount of things to do and their website drives me crazy.

Thank you,

Madeleine.

 

[Griffin2571]

I know it’s been a long while since this was posted (and I sure hope you’re happily married Canadians now!) but I’m wondering what happens to legal status in Canada once we apply for spousal sponsorship via common law? If we extend the visitor visa to obtain common law status, and my partner applies for Outland sponsorship, would she then have to leave? Or can you apply for yet another extension? And does applying inland, and including the OWP, help with legal status post-application? Thanks so much!

 

[scylla]

I know it’s been a long while since this was posted (and I sure hope you’re happily married Canadians now!) but I’m wondering what happens to legal status in Canada once we apply for spousal sponsorship via common law? If we extend the visitor visa to obtain common law status, and my partner applies for Outland sponsorship, would she then have to leave? Or can you apply for yet another extension? And does applying inland, and including the OWP, help with legal status post-application? Thanks so much!

Applying for spousal sponsorship outland doesn't give you any kind of status in Canada. You have to continue to apply for visitor extensions while the application is being processed to keep your status in Canada legal.

If you go with the inland spousal sponsorship route AND include an open work permit with the application package, this gives you implied status as long as you remain in Canada and there is no need to apply for an extension. Having said that, we generally recommend that you apply for one extension after the inland application is submitted. The reason for this is because inland applications are sometimes returned due to an error (outdated form, missing signature, wrong fees). If that happens, then you lose implied status and end up in Canada without status. Applying for one extension after you submit the inland application gives you a kind of insurance against this happening.

 

[Griffin2571]

Thank you so much! So, to be clear, after the inland application is submitted, with OWP app, she would be on implied status? And therefore legal? (Provided, as you say, the application is complete).
Is there typically a maximum number of extensions they’ll approve? And maximum length? For instance, do you typically apply for six months at a time? And, would two six-month extensions (the first, waiting on the Common Law status, and the second, waiting on the approval) be too many? Thank you!