How long can common law spouse stay in Canada, waiting for sponsorship?

[Jill24]

Wondering if anyone can help me with this one... I'm a Canadian citizen who has just repatriated after living/working in the Bahamas for the past seven years. I've returned because of a family situation (my mom has terminal cancer). My common law husband, who is British and was also living/working in the Bahamas, will be coming to Canada next month with the intention of staying with me to reside here permanently. I plan to sponsor him as a family member when he's in Canada.
I'm concerned about how long he will be able to stay in Canada while we're waiting for the application process to go through. Or, for how long should he tell the Immigration Officer he's staying in Canada when he arrives at Customs in Toronto? I just don't want him to get booted out of the country when I need him here during this very difficult time for my family.
Will he need to apply for extended stay when we're waiting for the application to be processed? How would he do that?
Any help/feedback would be most helpful. Thanks!

 

[Rob_TO]

Just make sure when entering Canada, he does NOT tell CBSA he is intending to reside in Canada permanently. Until he actually has PR status, he is just a visitor to Canada so needs to act as one. Usually a visa-exempt traveler gets 6-months of visitor status, and then can apply to extend that when the time is almost up. It's a good idea to have a return ticket in hand (back to Bahamas or to the UK) just to prove you are a visitor (in case they question further). If you get a refundable ticket then can just cancel it after he arrives in Canada.

As a UK citizen, it would most likely be better for him to do an OUTLAND PR application through the London visa office. He can stay in Canada with you as a visitor during the PR processing, and when he's approved they will mail his landing documents to your address in Canada. The outland application guide is here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Kayaker]

Yes, even if your husband is IN Canada when he applies, he should submit an OUTLAND application. This is not deception - an Outland application has nothing to do with the address, or physical whereabouts of the applicant. Unless your husband wants to spend more than a year unable to work, and a total of 2 years in limbo, he should submit an outland application. Unless he has issues such as criminal ineligibility, non-accompanying dependents, failed refugee claim etc., he should have his PR in a few months. People seem to be going through the London office very quickly. Maybe 6 months, give or take a couple of months.

As Rob_TO says, make sure your husband doesn't look like he's going to stay in Canada when he comes. (Don't bring more than a couple of suitcases, and make sure he says he is only visiting.) (If you guys are moving and have stuff like furniture and electronics, I guess you can take them/ship them over as your stuff, not his.) CBSA's main interest is to determine that he is not planning to stay. If you've already applied for PR, bring proof of the application, such as receipts of paying the fees. If not, he should just say he is visiting. He could get a (fully refundable) return flight to show that he's leaving within 6 months.

 

[SchnookoLoly]

My suggestion would be to start preparing your application now, and if possible, send it to London before your husband arrives in Canada. Read this - http://britishexpats.com/wiki/Spousal_Sponsorship-Canada and read the section on dual intent.

For length of time, there's a spreadsheet linked in my signature that tracks applications filed outland via London, average processing time is about 6-8 months right now.

+1 to have a return ticket - this is both so that the airline will let your husband on the plane, and also so that you have proof to the CBSA agent that you will leave. The airline is the bigger concern, actually - if he books just a one-way flight the airline is likely to deny him boarding.

Chances are the agent will give him 6 months in Canada, as is standard. He can apply to extend the visitor visa online, as has been suggested. It is highly, highly unlikely that the extension would be refused if your application has already been filed.

Good luck!

 

[Aniabella]

I arrived in Canada this August and my PR application is only still in process. I already had some advice from the forum, but also the embassy of Canada in my country had advised my husband to tell that I have my PR application in, but I have a return ticket with me. I didn't even need to show my flight ticket or anything else. I guess I was a bit lucky since I told about my application and the border officer just asked me twice about the ticket and that's it. My passport got stamped and I'm in for 6 months after which I can extend my stay. The lady at the embassy said even that it's very common and nobody she knows has ever had problems in getting the extension.