Questions regarding PR thru common law

[NMBCMD]

So I'm American and I'm being sponsored for PR by my GF thru common law and I have a few questions.

1. We needed an extra month or so to reach the 12 month mark of living together so we applied for a visitor extension and were just approved thru November.

Are we able to put in a PR app right away and get implied status the whole time its being processed (they say it takes 12 months)? Or do i need to wait till the visitor extension expires?

2. Once we put in our application would I be able to leave Canada to visit family and be able to get back in without any trouble? Or do i need to stay here in the country as long as the application takes to process?

 

[Alurra71]

..don't file inland...
...file outland...

Yes, you can do that while you remain in Canada. You wouldn't benefit from implied status, however, before you current extension expires, just apply for another extension citing your pending outland PR application. This would negate the possibility of your application being automatically cancelled in the off chance that you were refused entry if you left to go visit family in the US.

 

[spousalsponsee]

If you already meet CL requirements, and have been approved as a visitor to November, apply outland now and you could get PR status by the time it expires.

If you leave Canada and re-enter, you will be re-assessed as a visitor, so the status you got online would cease.

 

[NMBCMD]

..don't file inland...
...file outland...

Yes, you can do that while you remain in Canada. You wouldn't benefit from implied status, however, before you current extension expires, just apply for another extension citing your pending outland PR application. This would negate the possibility of your application being automatically cancelled in the off chance that you were refused entry if you left to go visit family in the US.

Okay so you're saying I would not have implied status based on my PR app if I applied outland, but could still rely on my visitor status and just apply for another extension come November? And they would most likely approve another visitor extension if I had a pending outland PR app?

If I applied inland would leaving Canada be a mistake?

Not that anyone who isn't a border agent could say for sure but do you think it would be super risky leaving for a week and coming back? Even if I did have a pending outland PR app and visitor status.

And if I was refused re-entry if I left to go visit family I would just have to wait for the app to be processed in the states?

 

[NMBCMD]

If you already meet CL requirements, and have been approved as a visitor to November, apply outland now and you could get PR status by the time it expires.

If you leave Canada and re-enter, you will be re-assessed as a visitor, so the status you got online would cease.

You think it would be that quick? The processing times say 12 months for both outland and inland applications.

How likely do you think it would be for me to be denied re-entry if I left for a week or so and came back? Given that i was granted a visitor extension thru November

 

[Jeffuk88]

Outland can take 3/4 months for amercians to get PR... you only have implied status when youve applied for a work permit or visitor visa.... they recommend not to leave canada on an inland but you can come and go on outland....

 

[spousalsponsee]

You think it would be that quick? The processing times say 12 months for both outland and inland applications.

How likely do you think it would be for me to be denied re-entry if I left for a week or so and came back? Given that i was granted a visitor extension thru November

You're looking at the processing target for 80% of cases. What you want is the average processing time, which varies by nationality and visa office. For Americans applying outland (which go through Ottawa), 3-5 months is in no way unusual.

My UK app through Ottawa was about 4 months.

If you leave, your existing visitor extension you got online is irrelevant, because you will be examined at the border by a different officer. Americans wanting to enter Canada can normally do so relatively easily. Nobody can guarantee anything.

 

[Alurra71]

Okay so you're saying I would not have implied status based on my PR app if I applied outland, but could still rely on my visitor status and just apply for another extension come November? And they would most likely approve another visitor extension if I had a pending outland PR app?

If I applied inland would leaving Canada be a mistake?

Not that anyone who isn't a border agent could say for sure but do you think it would be super risky leaving for a week and coming back? Even if I did have a pending outland PR app and visitor status.

And if I was refused re-entry if I left to go visit family I would just have to wait for the app to be processed in the states?

As stated by a previous poster, if you remain in Canada, then YES, you could apply for another extension for your visitor status in November. If you included a copy of your payment receipt citing you are awaiting a response for your PR application I am about 99.9% sure they would give you an extension without hesitation. Of course, if you leave Canada, even for a week, and then return, your visitor status is automatically reset and you are then assumed to have 6 months from that date, unless otherwise noted by CBSA.

On the other hand, if you left for a visit to the states and then returned and showed them a payment receipt and a copy of your police record they would likely just give you a visitor record and for 12 months and attach it to your passport which would mean you wouldn't have to worry at the 6 month mark about getting an extension of anything.

Either way, I still feel that applying outland would be your best option and almost certainly your quickest route to PR.

Best of luck to you!