Native Quebec trying to get his love to stay legally for 1 more year.

[LouisTheCaptain]

Good evening everyone,

First, thanks for reading and even more if you're answering. I tried finding my answers on the CIC webpages but I am completely loss due to the infinite loops, broken links and the absolute impossibility to talk to someone there. Great web site...

Anyway, here is my situation:

I am a complete native of Canada, I'm living in Quebec from Quebec native parents and etc until 400 years ago from the first of my ancestors. Pure poutine material.
I've been in love with a Spanish (from Spain) woman and she has partially moved with me since February of this year.
Of course her passport ending visitor date is arriving promptly. Which is fine, so we went on CIC and filled up the form for extension of stay.
It clearly states that we need to fill the form and send it 30 days before the ending of her right to visit. Which we did, we payed the 100$ fee and send the form.
However, it also states that the delays would take around 140 days. Which.. makes no sense.
By the time that any answer will come back to us, she will be out of her passport authorization.
Will she be considered illegal even if we did pay and send the form under the demands of the CIC website?
I don't want any trouble and either does she.

The second part is also tricky, we will be visiting Spain this January 2016 to see the family in law and pass a bit of vacation in Barcelona.
I am however really wondering if she will be able to come back with me in Canada Since she left for more than 8 months.
So we applied for a visitor visa that AGAIN will take an absurd number of time.
Now I would like to sponsor her but not knowing what life brought to me I am finishing some divorce paper that I never had problems with before so I can eventually marry her.

She has a steady income and studies via internet courses in a technical faculty of Barcelona (which is amazing and really puts our universities in the middle ages).
I don't really plan to stay in Canada has Spain comes much closer to my beliefs than here.
However, I want to make everything legal and as problem free for me and my lover.

So now I'm asking here what would be the best course of action. Only a year of her legally being able to stay would be plenty.
My studies would be over and I could sell my condominium and then fly overseers for my future love life and career.

Any insight would really be appreciate.
Have a good one !

 

[scylla]

She has implied status from the time she submits the extension application to the time she receives an answer from CIC - and can legally stay in Canada while she waits for her application to be processed.

It's impossible for any of us to say whether she will be allowed back into Canada and for how long when she returns from her January trip. That decision will be up to the CBSA official she meets when she passes through immigration after arriving in Canada. Keep in mind that she is only allowed to visit Canada - not live here. If the official thinks she has been spending too much time in Canada then it's possible (although very unlikely) to be refused entry - and also possible to only be granted a short stay (i.e. not the full six months).

In order to sponsor her for permanent residency, you must either be married or have lived together continuously for at least one full year to become common law. Even if your divorce hasn't been processed, you can still sponsor her as your common law partner provided you have lived together for a full year and can prove it.

 

[LouisTheCaptain]

Thank you so much for your answer.
We are a bit relieved now knowing this.
We have been together since December 23rd and away from one another no longer than 3 weeks since then.
Thanks again.

 

[scylla]

Thank you so much for your answer.
We are a bit relieved now knowing this.
We have been together since December 23rd and away from one another no longer than 3 weeks since then.
Thanks again.

You should be aware that three weeks apart may end up being a problem if you go the common law spousal sponsorship route (if those three weeks were in a row). To qualify for common law you must cohabitate continuously (i.e. without a break) for a full year. While the decision is ultimately up to the officer processing your application, we have seen cases here where people have been refused for having breaks of three weeks or more (we generally tell people to avoid breaks or keep them under 2 weeks to be safe). CIC may decide a three week break stops continuous cohabitation and may decide to start the count again from scratch.