Outland Application after 12 months - advice would be helpful :)

[Nemmy]

Hi all,

I hope someone can help.

I am a British Citizen looking to move to Canada to be with my Canadian girlfriend and I would like to check if my knowledge so far gleaned from various sources is correct and whether I have missed something at all. Knowing me, I probably have!

So... I plan to visit Canada for 6 months as a visitor, and apply to have my stay extended by another 6 months. This would give us the required 12 months for a common-law relationship to be established officially, and then to apply for PR Outland in London, while remaining in Canada.

Now this is where I am slightly confused.

Can I apply Outland for PR after, say, 10 months is up, in the knowledge that I will be there for another 2, or can I only apply after the full 12 months have passed?
If I can only apply after the full 12 months is up, do I need to apply for another extension (and from what I have read in a few threads it can be more difficult to obtain a 2nd extension) or can I remain in Canada on "implied" status due to submission of my PR application?

It seems that if I apply for an extension to my stay then I can stay on "implied status", but do I need to apply for an extension or is the PR application enough for me to remain on "implied status" until my PR is dealt with?

Many thanks for any advice

Nemmy.

 

[Swede]

Hi all,

I hope someone can help.

I am a British Citizen looking to move to Canada to be with my Canadian girlfriend and I would like to check if my knowledge so far gleaned from various sources is correct and whether I have missed something at all. Knowing me, I probably have!

So... I plan to visit Canada for 6 months as a visitor, and apply to have my stay extended by another 6 months. This would give us the required 12 months for a common-law relationship to be established officially, and then to apply for PR Outland in London, while remaining in Canada.

Now this is where I am slightly confused.

Can I apply Outland for PR after, say, 10 months is up, in the knowledge that I will be there for another 2, or can I only apply after the full 12 months have passed?
If I can only apply after the full 12 months is up, do I need to apply for another extension (and from what I have read in a few threads it can be more difficult to obtain a 2nd extension) or can I remain in Canada on "implied" status due to submission of my PR application?

It seems that if I apply for an extension to my stay then I can stay on "implied status", but do I need to apply for an extension or is the PR application enough for me to remain on "implied status" until my PR is dealt with?

Many thanks for any advice

Nemmy.

You have to be common-law in order to apply, so that means that you have to live together for no less than one year before you apply. Applying outland gives you no right to stay in the country, so unless you can get an extension you'd have to leave. While an extension is being processed you'd have implied status, however.

Doesn't Britain have any work holiday visas you can apply for?

 

[Nemmy]

Thanks for the info Swede. Much appreciated.

Unfortunately it seems that Work Holiday Visas are only for 18-35 year olds, and I am a little over that :/

Isn't it the same for Inland as Outland in respect to giving you no right to stay in the country, or does Inland application give you the "right" to stay?

 

[Leon]

If you apply inland, they will not kick you out while your case is being processed but the processing time is generally longer. For maximum speed, get married and apply outland through London. If you are worried about committment, the sponsorship committment is bigger than the marriage committment anyway. Besides, what are you planning on doing if your first visit visa extension is denied and you don't manage to stay 12 months?

The way inland works is that you can apply for your visit visa extension and open work permit at the start so it's all tied together and theoretically will get your first stage approval, open work permit and claim to health care about 6 months after you apply and PR maybe another 6-12 months after that.

The drawbacks of inland are that if you fail to prove to them enough that you've been living together for 12 months or you fail to prove to them without a doubt that your relationship is genuine or if they have doubts about your spouse as a sponsor and they decide they want an interview, this can add years to your application because instead of getting your first stage approval after 6 months, your file would be sent to the local visa office in the town where you lve and wait for them to have the time for the interview. It can be on the shelf there for a year or more. The worst I heard was 3. In the meantime, you'd be sitting in Canada on visit status, no health care, no work permit and if you leave, you risk not getting back in and if that happens, your application is out the window because for inland, you need to be in Canada.

The way outland works is that first your spouse is approved as a sponsor and then it goes to your visa office in London and gets processed there. The drawbacks are that if you are on a visit visa in Canada, it's not guaranteed that they will let you stay as well as if there is an interview you'd have to go to London for it. Approving your wife as a sponsor takes about a month and London is completing spousal applications in an average of 4 months.