Proceed w/outland spousal while waiting on visitor extension?

[SIG]

Good day all,

I am unable to find any literature that states whether or not a spousal sponsorship application can be submitted while waiting on a decision on a visitors extension.

My English boyfriend has been here as visitor since Sep 2011 last year and we have now met our one year mark to qualify as commonlaw. We mailed the application to extend visitors stay in August. We have heard nothing as of yet so he is here on implied status. I see that CIC is now working on applications received July 13/12 which has now increased to 66 day processing time.

We will be applying outbound and my thoughts are we could have my part (sponshorship approval) sent and processed by the same approximate time we will get a reply on the visitors extension.

I cannot find anything that says we cannot apply for sponsorship while on implied visa.

Please help.

Thanks!

 

[MissDominica]

Hi there,

You absolutely can. It almost would have been preferable if you had submitted your PR and visa extension at same time, so that you could ask for your visitor extension on the basis that you were waiting for your common-law 1 year to be passed/apply for PR and could have sent some proof of that.

But, no matter now, send away!

 

[SIG]

Thanks for the reply! This is exactly what I was thinking!

We initially thought of sending in the spousal but we were unsure if we sent the spousal application in prior to the one year mark, it would have been considered premature and they would not have looked at it.

This is exactly what I wanted to hear. I believe there is a tick box that asks if there is another application pending approval. I will tick yes and attach a copy of the visitor extension.

Once again, thanks! (I'm sure I'll have more questions to follow)

 

[tamarindball]

I am here on a visitor's v isa which expires in 2015. However my passport was stamped Dec 1 for me to exit. Do I apply for extension to stay or do I try and put in spousal application for PR. I plan to put in either at end of O ct. Please advise how to proceed i.e. which application to submit by end of oct which is my deadline date to get all docs ready.I Just felt it a waste of money to do extension to stay app if I am going ahead with Spousal app for PR

 

[parker24]

I am here on a visitor's v isa which expires in 2015. However my passport was stamped Dec 1 for me to exit. Do I apply for extension to stay or do I try and put in spousal application for PR. I plan to put in either at end of O ct. Please advise how to proceed i.e. which application to submit by end of oct which is my deadline date to get all docs ready.I Just felt it a waste of money to do extension to stay app if I am going ahead with Spousal app for PR

I feel like you're misunderstanding both the PR application and the stamp.

I think your stamp is saying Dec 1 2015, unless it actually says 2012.

As for the visa and PR application, you NEED a visitor's visa to staying Canada, whether you send your PR application or not. You need to stay legal the entire time you are in Canada.

 

[tamarindball]

No it's actually Dec 1 2012 not 2015 that's when visa expires

 

[parker24]

No it's actually Dec 1 2012 not 2015 that's when visa expires

Ah okay, well in the case, if you want to stay in Canada, it doesn't matter if you apply for PR or not. The application does not give you a legal right to be in Canada. It gives you that right after you land, after it's all over. While you're here and your PR is in process, you still need to have a visitor's visa. So yes, it's important that you do both if you want to stay.

 

[tamarindball]

Thanks for your reply. I realise from reading some documents yesterday which CIC emailed to me that if you send in both applications at the same time - PR and extension to stay that they will treat it as one application and first determine if the sponsor is eligible. If the answer is no, then the extension to stay application will also be refused. Given that I am not sure how soon thereafter I should submit the PR application as the application to extend stay takes two months for processing and would like to ensure I am here for Christmas, at least.

 

[SIG]

Our current status:
- Still no reply on the visitor extension but we are optimistic they will extend it. (as I said in my first post, if we would have known we would have done all at once but didn't want to send in our spousal application in prematurely and at that point) This is our second request and reason being the same as the first; to meet our one year together as common-law in order to proceed with next application.

- Medical has now been done and we should receive our documents in 2 weeks at most. From there, we should have the criminal check back from London UK and we can then forward our spousal app. We still believe we will get this in before the visitors extension response is back.

Excited things are getting done and we can forward the application and docuemnts soon!! ;D

 

[tamarindball]

I imagine by now you would have got your extension? if so, did you get it in the mail and is it a letter or what? How long did you take to receive it?
I applied end of Oct but still awaiting some response.

Good day all,

I am unable to find any literature that states whether or not a spousal sponsorship application can be submitted while waiting on a decision on a visitors extension.

My English boyfriend has been here as visitor since Sep 2011 last year and we have now met our one year mark to qualify as commonlaw. We mailed the application to extend visitors stay in August. We have heard nothing as of yet so he is here on implied status. I see that CIC is now working on applications received July 13/12 which has now increased to 66 day processing time.

We will be applying outbound and my thoughts are we could have my part (sponshorship approval) sent and processed by the same approximate time we will get a reply on the visitors extension.

I cannot find anything that says we cannot apply for sponsorship while on implied visa.

Please help.

Thanks!