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l.canadian

Newbie
Jan 24, 2011
2
0
Hello! So here's our situation... My American boyfriend has been with me in Canada (I'm a Canadian citizen) since August 2010. He's applied for a visitor visa extension and has implied status. If he wanted to go back to Chicago to visit his family, how would that affect his extension application? Also, how would that affect his plans to apply for permanent residency (we want to apply as a common-law couple)? We are currently living together and both our names are on the lease. We also share a bank account.

Would it be best for him to just stay in Canada and wait for his application to go through? Or would it be OK for him to visit the U.S. and come back?

Thanks for your time!

-Lauren
 
The extension would be void when he leaves Canada.
He could of course visit Canada again (visa exempt) - you will be aware that there are no guarantees of entry at the border.

There is no impact on his future PR application.

For common law you need 12 months continuous time together.

Get the family to visit both of you in Canada, it could also help his PR application.
 
Hi! Thanks so much for the quick reply!

I have a few more questions. Hopefully you or someone else can answer them.
If my boyfriend's extension application is approved and he leaves to visit the US afterwards, would having an approved application help him return to Canada?

In terms of us obtaining common-law status, we have to be together for 12 months continuous time. Does that mean he has to stay in Canada with me for that long? Or can he leave to visit the US (when I say "visit," he only has maybe a week or two in mind)? I was thinking he could because we have a joint bank account and a lease with both of our names attached to each document. Could those two documents help serve as proof we're in a relationship so that the time to obtain common-law status doesn't "reset?" We've had the bank account together for about 6 months and we've been living together for about a month now.

Thank you again!

Lauren
 
l.canadian said:
Hi! Thanks so much for the quick reply!

I have a few more questions. Hopefully you or someone else can answer them.
If my boyfriend's extension application is approved and he leaves to visit the US afterwards, would having an approved application help him return to Canada?

If you mean the extension being approved actually helping him come back to Canada - No, it means zero, because it is void when he leaves Canada.

In terms of us obtaining common-law status, we have to be together for 12 months continuous time.

Correct

Does that mean he has to stay in Canada with me for that long? Or can he leave to visit the US (when I say "visit," he only has maybe a week or two in mind)?

The theory is - a full continuous 12 months together (it does not have to be in Canada)

I was thinking he could because we have a joint bank account and a lease with both of our names attached to each document. Could those two documents help serve as proof we're in a relationship so that the time to obtain common-law status doesn't "reset?" We've had the bank account together for about 6 months and we've been living together for about a month now.

Thank you again!

Lauren

From your words, the time together starts from a month ago, unless you lie - not a good idea.