Need advice on our immigration options

[Sunstar72]

My Australian fiancee has been living in Toronto with me since November, her Visa expires early May 2016.
We will be getting married in mid-April and we will have known each other for 1 year then.

She wants to do a 4 month course overseas (not in Australia) in 2017 (March-June) so her thought is to get a Visa extension before we get married and use that up until she is back in Canada and then apply for PR. Do you think she'll have trouble getting a 1 year extension? Even if we consult immigration lawyers for help?

Would it be better to apply for PR right after being married? And I don't know what is better, to have her apply for PR inland while she is here in Canada or is it actually better for her to be back in Australia? ???

Appreciate any help you can give to us. Thanks all.

 

[Ponga]

Unless the two of you have met the requirements to sponsor her as your common-law partner, meaning that you have lived together for 365 consecutive days and have solid proof of that...you'll need to wait until you are married to sponsor her.

Then, she can (and should) submit an Outland application while she is in Canada, because it's substantially faster than an Inland application. Submit the proof of the sponsorship application (such as a copy of the receipt for payment [which will be $1040 total]) with the application to extend her visitor status.

This is very common and is usually approved.


Good luck!

 

[mega_option101]

Unless the two of you have met the requirements to sponsor her as your common-law partner, meaning that you have lived together for 365 consecutive days and have solid proof of that...you'll need to wait until you are married to sponsor her.

Then, she can (and should) submit an Outland application while she is in Canada, because it's substantially faster than an Inland application. Submit the proof of the sponsorship application (such as a copy of the receipt for payment [which will be $1040 total]) with the application to extend her visitor status.

This is very common and is usually approved.


Good luck!

If you leave Canada once you apply for your Visitor Visa Extension - doesn't it automatically annul it? Or does it simply add the clause that it may not allow you to re-enter Canada if you leave?

Correct me if I am wrong, but I thought this was the case. If she is already planning on leaving then there might not be any point to submitting your Visitor Visa Extension application.

 

[Aquakitty]

My Australian fiancee has been living in Toronto with me since November, her Visa expires early May 2016.
We will be getting married in mid-April and we will have known each other for 1 year then.

She wants to do a 4 month course overseas (not in Australia) in 2017 (March-June) so her thought is to get a Visa extension before we get married and use that up until she is back in Canada and then apply for PR. Do you think she'll have trouble getting a 1 year extension? Even if we consult immigration lawyers for help?

Would it be better to apply for PR right after being married? And I don't know what is better, to have her apply for PR inland while she is here in Canada or is it actually better for her to be back in Australia? ???

Appreciate any help you can give to us. Thanks all.

What do you mean by visa? Does she have an IEC work visa or something? Because she's from a visa-exempt country. Perhaps you are referring to a visitor record?

Applying outland is the best idea either way.

 

[Sunstar72]

What do you mean by visa? Does she have an IEC work visa or something? Because she's from a visa-exempt country. Perhaps you are referring to a visitor record?

Applying outland is the best idea either way.

Yes I meant visitor record.

Can she possibly get an extension around the time when we get married in April and still be able to go overseas early next year and come back to Canada? Then once she is back she applies for PR? Or is it risky to leave Canada in this type of situation?

 

[scylla]

An extension only allows you to remain in Canada longer. It doesn't allow you to leave and then return.

The short answer is that she should be able to re-enter without issue. But there's never any guarantee.

 

[Sunstar72]

An extension only allows you to remain in Canada longer. It doesn't allow you to leave and then return.

The short answer is that she should be able to re-enter without issue. But there's never any guarantee.

Coming back to this post now. So does this mean if she gets an extension to stay here after we're married in Canada that we shouldn't even be considering going on a honeymoon anywhere other than within Canada?

We'd like to do a 2 week honeymoon trip to some European countries, would this be entirely risky if she is just on an extension?

 

[scylla]

Coming back to this post now. So does this mean if she gets an extension to stay here after we're married in Canada that we shouldn't even be considering going on a honeymoon anywhere other than within Canada?

We'd like to do a 2 week honeymoon trip to some European countries, would this be entirely risky if she is just on an extension?

Again, an extension doesn't entitle someone to exit and re-enter Canada. All it does is allow you to remain in Canada longer.

If she leaves, she most likely won't have any issues re-entering. But it's never 100% guaranteed.