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hjc

Newbie
Mar 9, 2017
4
0
Hi,

My friends girlfriend visa tourist has expired, she has renewed it 2 times with acceptance and now wants to marry after getting to know each other. Can they still get married after the expired date and what are steps and complications.

Thanks!
 
Anyone can get married but doing so does not mean that gives them any legal status to stay in the country. Your girlfriend will need to be sponsored by you post marriage (unless already qualifying as common law) assuming that your are either a citizen or PR and as with any immigration program there are never any guarantees so for example, and not saying this is the case, you still need evidence that any marriage is genuine and not one of convenience. http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp plus any or the other conditions that need to be met.

First though you both need to sort out your girlfriends legal status in the country given becoming an overstayer could have a negative effect on any sponsorship application.
 
Hi,

On the previos email I had mentioned the my friends girlfriend status expired. Well I missunderstand and her status will expire in a 14 days and my friend is a Canadian citizen. Will this change and make the process easier for them. What steps should they be prepared for considering the status she has is still valid. Thank you.
 
hjc said:
Hi,

On the previos email I had mentioned the my friends girlfriend status expired. Well I missunderstand and her status will expire in a 14 days and my friend is a Canadian citizen. Will this change and make the process easier for them. What steps should they be prepared for considering the status she has is still valid. Thank you.

if she wants to maintain legal status in canada, then she needs to apply for another extension before her current status expires. if she does not apply for an extension, she will be in canada illegally. getting married to a canadian citizen and submitting a PR application does not give a person legal status in canada.
 
Thank you!

One more question she has already reapplied twice for a tourist visa before and was granted. Could she apply for a third time for a tourist visa. Will this help their cause more in the process of accepting the marriage with all the requirements needed to go through.

Thank you once again.
 
hjc said:
Thank you!

One more question she has already reapplied twice for a tourist visa before and was granted. Could she apply for a third time for a tourist visa.

yes, she is free to apply as many times as she wants

hjc said:
Will this help their cause more in the process of accepting the marriage with all the requirements needed to go through.

i have no idea what this means. she can certainly add the fact she wants to stay in canada to get married and apply for PR in her extension application. many people use that as a reason for the extension.
 
Thanks, what I meant to say is that if she applies for a third time will it help them more and should they get married before or wait after she re-applies for a PR and see what happens. Is there a success rate in applying for PR for marriage. Thanks again.
 
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hjc said:
Thanks, what I meant to say is that if she applies for a third time will it help them more and should they get married before or wait after she re-applies for a PR and see what happens. Is there a success rate in applying for PR for marriage. Thanks again.

Actually, if she applies INLAND and at the same time, applies for the inland spousal OWP, and sends all this in before her visitor status expires, that will give implied status. It must reach IRCC before the date of her status is up.

However, I doubt they are going to be able to get married and apply before 14 days is up, though it is theoretically possible :)

There's no real reason they'd deny her a third extension, just depends on them and the officer. Getting married or not getting married doesn't really factor in to it.

The only way getting married might help is if they start the process of PR by getting married then paying the fees for the PR application, then use that receipt as proof with the status extension application. After a certain point, they can get pissy about couples that don't apply through the proper channels to live in Canada, so if they see they are starting the process, they might be more friendly towards the extension request.