My fiancé is Australian. He was in Canada for over 2 years on IEC work visa. His Visa expired in November and he stopped working when it expired and then left Canada on Dec. 25, 2018. We are planning our next step and I want to ensure everything is legal. Is he allowed to come to Canada this year on a Visitor Visa (well, he's Aussie so just will need the ETA), then we will be having our wedding immediately and applying for Spousal Sponsorship. I see we can apply for open work permit with Spousal, which is typically processed 3-4 months. My question is, can we do this? He can start working once that open work permit is approved? Then what will his status be in Canada? Since if he has an open work permit he will be staying longer than the visitor visa is in the meantime while we wait for the spousal application to be approved. Is this all legal? I have follow up questions, but this is my first one. Thank you for your time.
Getting married.. need help with specific questions.
- Thread starter jules4730
- Start date
Hurlabrick
Champion Member
- Sep 4, 2016
- 575
- Visa Office......
- London
- App. Filed.......
- 23-06-2016
- AOR Received.
- 12-07-2016
- File Transfer...
- 23-08-2016
- Med's Done....
- 08-06-2016
- Passport Req..
- 21-12-2016
- VISA ISSUED...
- 24-12-2016
- LANDED..........
- 11-04-2017
All perfectly fine and legal.
But just because he has an ETA does not mean that he will automatically be admitted to Canada, it means only that he will be allowed on the plane. He should be honest about the purpose of his visit (but only anser the questions asked) and retain ties to AUS and have a return ticket etc. And bring only what a visitor would bring.
Hi Jules,
This is what me and my husband did:
- He flew into Canada with an ETA as a visitor Oct. 2018, he showed the ticket with proof that he was leaving
- We got married Dec. 2018
- While waiting for the marriage certificate as it takes 12-14 weeks, we applied for a visitor extension (an extra 6 months) which gave him implied status.
- We received the certificate and applied for Sponsorship May 3rd.
- We received the Work Permit July 29th and the visitor extension was cancelled. (He is now a Temporary Resident because of the Work Permit)
I hope this clears things up
Hello dear I landed in canada 10days ago on multiple visa ,But I would love to apply for a visa extension for common law or spousal if we can get married in a couple of months coz my fiancee is still waiting for his divorce to go through so am kindly requesting you to help me with the process of visa extension.Hi Jules,
This is what me and my husband did:
- He flew into Canada with an ETA as a visitor Oct. 2018, he showed the ticket with proof that he was leaving
- We got married Dec. 2018
- While waiting for the marriage certificate as it takes 12-14 weeks, we applied for a visitor extension (an extra 6 months) which gave him implied status.
- We received the certificate and applied for Sponsorship May 3rd.
- We received the Work Permit July 29th and the visitor extension was cancelled. (He is now a Temporary Resident because of the Work Permit)
I hope this clears things up
1. Can I apply paper based, and where do I submit my application
2.is the visa extension called visa record
3. And what supporting documents am I supposed to attach thank u
Here is the link: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html
We did it by paper because it takes longer so you will have implied status for a longer amount of time.
Hi Sofia!Hi Jules,
This is what me and my husband did:
- He flew into Canada with an ETA as a visitor Oct. 2018, he showed the ticket with proof that he was leaving
- We got married Dec. 2018
- While waiting for the marriage certificate as it takes 12-14 weeks, we applied for a visitor extension (an extra 6 months) which gave him implied status.
- We received the certificate and applied for Sponsorship May 3rd.
- We received the Work Permit July 29th and the visitor extension was cancelled. (He is now a Temporary Resident because of the Work Permit)
I hope this clears things up
A bit has changed and I was wondering if you could help answer some current questions on our journey...
He arrived in Canada Dec. 4, 2019 on visitor status.
We've decided to apply via common law since we previously lived together for 12 consecutive months when he was here in 2017-2018.
His visitor 6 months expires June 4, 2020 if I'm doing the math correctly.
Would it be more wise to request a visitor extension first, and once we have that then apply for residency? Or go right for residency?
The short time with the expiration has me worried.
And when it comes to an open work permit I'm confused also.
It's telling me to include a paper open work permit application with the sponsor common law application.
I started filling them out and it's asking for a name of the place he will be working at... but how could he have a job with no open work permit yet?! Should he be looking for potential offers?
Thanks in advance.
Julie
He really should be applying to extend his visitor status.
Do you guys have solid proof of at least 1 year of cohabitation in 2017-2018? Do you have solid proof of a continuing relationship since you stopped living together in 2018?
The job information in the work permit app is N/A.
Ahhh, ok that helps so much as soon as I saw the work stuff I got so discouraged.
We have a letter from our property manager, and just copies of his Canadian license and tax information which both have our address... He was never on the lease and we never shared bills as we didn't need to (or think about it) at the time....
Proof yes, we have 8 letters from close friends/family, as well as screenshots of our conversations online throughout...
Will this not be enough? We don't know how else to prove. Thanks in advance!
To prove common-law, you need to show that you lived at the same address for at least one year. The proofs you have mentioned do not show that. Proofs don't have to be shared. He must have received mail. Phone bills? Payslips? Bank/credit card statements? Amazon deliveries? Do you also have proofs in your name?
We didn't save those things not knowing we'd need them, but I do have one piece of mail from his bank, and 2 pieces of mail from the Canadian government. phone bills were all electronic for him, his previous boss sent all his pay slips to his work email address which he doesn't have access to anymore. we have LCBO magazines addressed to him? Lol
But the letter from the property manager won't be enough? As well as his license?
No, the letter and license isn't enough. Have you actually looked at the sponsorship checklist yet?
The issue is that your proofs don't actually show 12 months of cohabitation. If you go with what you have, I would expect a Procedural Fairness letter. He should be able to access his bank statements and old phone bills; printing out electronic statements is fine as long as they list the address. Contact the former employer and ask them to email his old payslip (assuming they show the address).
Hello dear just a quick question about open work permit did you do a medical exam and what else did you attach as supporting documents, am applying under spousal sponsorship thanks