Oh boy, do I ever need some help and clarification, please and thank you.

[benvandam]

No where better to begin then at the start I guess.

The details:
I'm Canadian (Living in Montreal,Quebec)
Common law partner (American, living with me in Montreal- on a visitor visa I assume)
Common law relationship since 2014.

About to begin the process of sponsoring her for her permanent residence under the family class/ common law.

Now the confusion begins.
We've lived together in Canada and the States consistently for the past 4 years, have filled multiple income tax returns together, have both our names on an apartment lease, and have a joint bank account in Canada, so their should be no issue proving the legitimacy of our relationship.
However, we've been back in Canada since January 28, 2016 and have not asked for an extension on her ? visitor visa? since I just realized 6 months have passed. We have no intention of leaving Canada until she is a resident

My questions:
1. Do we need to apply for an extension on her visitor visa or just go ahead and apply for the permanent residence outside of Canada/ outland? Is any of this affected because of Quebec?
2. Would it be better to apply inland/outland in our particular situation? I hear outland is faster but they might call her for an interview right? This would mean driving down to the sates and possibly being denied re-entry into Canada/ for her obviously.
3. If i do need to request an extension on her visitor visa, is it still possible seeing as we have surpassed the allotted 6 months by 1 month?

Any help would be greatly appreciated!
Thank you so much and i'm am so happy to have found this amazing message board. I'm greatly Inspired by some of the success stories I've been reading and have made it my goals to help her get her residency by Janaury 1st, 2018!!!

 

[profiler]

No where better to begin then at the start I guess.

The details:
I'm Canadian (Living in Montreal,Quebec)
Common law partner (American, living with me in Montreal- on a visitor visa I assume)
Common law relationship since 2014.

About to begin the process of sponsoring her for her permanent residence under the family class/ common law.

Now the confusion begins.
We've lived together in Canada and the States consistently for the past 4 years, have filled multiple income tax returns together, have both our names on an apartment lease, and have a joint bank account in Canada, so their should be no issue proving the legitimacy of our relationship.
However, we've been back in Canada since January 28, 2016 and have not asked for an extension on her ? visitor visa? since I just realized 6 months have passed. We have no intention of leaving Canada until she is a resident

My questions:
1. Do we need to apply for an extension on her visitor visa or just go ahead and apply for the permanent residence outside of Canada/ outland? Is any of this affected because of Quebec?
2. Would it be better to apply inland/outland in our particular situation? I hear outland is faster but they might call her for an interview right? This would mean driving down to the sates and possibly being denied re-entry into Canada/ for her obviously.
3. If i do need to request an extension on her visitor visa, is it still possible seeing as we have surpassed the allotted 6 months by 1 month?

Any help would be greatly appreciated!
Thank you so much and i'm am so happy to have found this amazing message board. I'm greatly Inspired by some of the success stories I've been reading and have made it my goals to help her get her residency by Janaury 1st, 2018!!!

Apply for a restoration of status asap (assuming her 6 months didn't expire more than 90 days ago. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

US residents are generally better to go through the outland sponsorship as it's faster.

 

[CDNPR2014]

1. us citizens do not receive visitor visas when they enter canada, as they are visa exempt. it is assumed when you enter canada and your passport is not stamped with a specific date to leave by, you are allowed to stay 6 months. considering she is beyond the 6 months allowed time, she is now without status. she can fix this by: 1) if she's within 90 days of her status expiring, she can apply for restoration of status along with an extension of stay as a visitor. 2) leave canada and attempt reentry - know this is quite risky if she can't prove any ties to the us.

2. it's FAR better to apply outland. do not apply inland just because she happens to be out of status. there is a thread on this forum specific to people who apply outland who are out of status in canada. one us citizen recently was approved in 3-4 months and her lack of status was not even an issue. US outland applicants are getting approved in less than 6 months. The change of an interview is very slim for us applicants. there needs to be significant red flags in the application for this to happen. ALL US interviews are held in Los Angeles, regardless of the form in the packet that suggests you can choose NYC. NYC does not process spousal applications and it is no longer a choice for the interview.

3.as long as it is within 90 days of her allowed time expiring, she can submit an restoration of status application. she will be on implied status until she receives the decision of that application, which means she can stay in canada until then.

 

[Omegabyte]

1. us citizens do not receive visitor visas when they enter canada, as they are visa exempt. it is assumed when you enter canada and your passport is not stamped with a specific date to leave by, you are allowed to stay 6 months. considering she is beyond the 6 months allowed time, she is now without status. she can fix this by: 1) if she's within 90 days of her status expiring, she can apply for restoration of status along with an extension of stay as a visitor. 2) leave canada and attempt reentry - know this is quite risky if she can't prove any ties to the us.

2. it's FAR better to apply outland. do not apply inland just because she happens to be out of status. there is a thread on this forum specific to people who apply outland who are out of status in canada. one us citizen recently was approved in 3-4 months and her lack of status was not even an issue. US outland applicants are getting approved in less than 6 months. The change of an interview is very slim for us applicants. there needs to be significant red flags in the application for this to happen. ALL US interviews are held in Los Angeles, regardless of the form in the packet that suggests you can choose NYC. NYC does not process spousal applications and it is no longer a choice for the interview.

3.as long as it is within 90 days of her allowed time expiring, she can submit an restoration of status application. she will be on implied status until she receives the decision of that application, which means she can stay in canada until then.

+1

 

[scylla]

3.as long as it is within 90 days of her allowed time expiring, she can submit an restoration of status application. she will be on implied status until she receives the decision of that application, which means she can stay in canada until then.

Small clarification. You don't actually get implied status when you apply for restoration. You're still out of status. But you can remain (without status) in Canada until a decision is made.

 

[CDNPR2014]

Small clarification. You don't actually get implied status when you apply for restoration. You're still out of status. But you can remain (without status) in Canada until a decision is made.

thanks scylla!

 

[benvandam]

Thanks for all the great info!

Last question:
Do I have to only pay the 200$ restoration fee?
Or do I have to pay the restoration fee, and then also the 100$ for the extension?

Thanks

 

[profiler]

Thanks for all the great info!

Last question:
Do I have to only pay the 200$ restoration fee?
Or do I have to pay the restoration fee, and then also the 100$ for the extension?

Thanks

Both fees I believe.

 

[benvandam]

So the 1st fee basically allows you to apply for an extension, would I send one form in and then the other? Or both at the same time

Ex: if I mail in the form on October 1st , can I ask for a 6 month extension from that day or a later date?

 

[profiler]

So the 1st fee basically allows you to apply for an extension, would I send one form in and then the other? Or both at the same time

Ex: if I mail in the form on October 1st , can I ask for a 6 month extension from that day or a later date?

I would submit both together online. The restoration is just you requesting them to allow you to submit for an extension. The actual extend your stay is the request to extend.

Here is what the Operational Bulletin says about not filing for the restoration when you attempt to extend:
Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, will receive a notice from CPC Vegreville warning them to apply for restoration. Clients will have 90 days from the date their status expired to submit their restoration application and corresponding fee.

Here is the link to the operational bulletin: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[profiler]

I believe I may have misquoted earlier. It appears if you are only requesting to extend your visitor visa, you can just pay the $200. If you need to extend a work or study visa it's more.

My apologies.

 

[benvandam]

No need to apologize so do I request it from the date I mail it in basically?

 

[profiler]

No need to apologize so do I request it from the date I mail it in basically?

yes.