Hello everyone, I've been reading these posts with great interest and keen to share and learn. Although this post contains subject matter that could be posted on several different threads they are all so interconnected that I feel compelled to list my "whole story" in one post first so please forgive me for the long post.
I am South African (female), my fiancé is Canadian (male). We are both currently in Canada. I am here as a visitor (on a multiple entry TRV), been granted an extension of stay until 1 October, 2014.
We applied for sponsorship as common-law partners, in Canada, in February 2013. In February 2014 we received a positive letter confirming we were found eligible for sponsorship and permanent residence and that a decision was made, but when we went for our interview, the same month, it was determined that we did not meet the requirements of common-law partnership because we had not been cohabiting IN CANADA together for 1 full year. I pleaded that we weren't able to live together in Canada any sooner than the CIC determined "lock in date" because I was still contracted to work in another country. That didn't matter to our interviewer and consequently my permanent residence application was refused. Had we waited 2 more months we would have met CIC's requirements for being common-law partners. Lesson learned: always wait until you fully meet all the requirements, then post your application. While we were waiting we have been common law for 2 years so we're getting all our papers together to re-apply. We estimate that we will have everything ready to submit around mid-May. And here are our complications and questions...
- - - TRV Related - - -
We realise that everything is trickier when you're not married, so we are doing a civil marriage soon, though our actual ceremony for friends and family isn't until August (that's the only time we could get everyone from various parts of the world together in Canada). As far as wedding plans go we are well ahead of the game, with bookings made for venues, cake, entertainment, rentals, accommodation, transportation and decorations and outfits are already ordered. It's a special occasion, everyone we've invited is excited and we already have 80% of our guest list confirmed to attend. Exciting stuff, except for one major problem. CIC (Pretoria) have refused my mother a visitor visa to come to Canada and attend my wedding. What's a wedding without your mother?! We were all stunned by the news. The reason: "Your daughter's permanent residence application has been refused and she has no legal status there at the present time." Well, that's incorrect, I have a very fancy-paperd Visitor Record document that says I am permitted to stay in Canada until 1 October 2014. My mom will submit a new application soon with a copy of my Visitor Record as well as a more descriptive invitation letter from my fiancé.
Questions:
1. My Visitor Record permitting me to stay until 1 October 2014 counts as "legal status", right?
2. Do you think my mom will be granted a visa after submitting evidence of my legal status?
3. My fiancé will write a new invitation letter for my mom; we are wondering whether it would make a difference if his relationship to my mom is "son-in-law" rather than "future son-in-law". Would her request for a visa have more clout if there was a piece of paper to submit as evidence, confirming that they are legitimate relatives?
4. I know that no amount of pleading because we've already planned and paid non-refundable deposits for so much of the wedding will make a CIC officer change their minds, but failing the above what else can we submit to further bolster my mom's TRV application?
5. My mom will come to Canada with my dad, a British National who doesn't need a visa (lucky bugger). They had planned to stay in Canada for 2 weeks, then fly to the US to visit my brother and his family for 2 weeks before returning to Canada for our wedding and the remaining 10 days of their trip. Thus, she had requested a multiple entry visa (probably making it harder). Maybe she should ask for a single entry? Might that improve her chances?
- - - Spousal Sponsorship Related: Inland vs. Outland - - -
My fiancé and I keep debating which 'way' to apply: inland or outland (Pretoria). We've already done inland and we didn't like that we couldn't freely travel abroad, so for our second application we are considering applying outland. Our travel plans for the next year are such that we will not be in Canada for longer than 3-4 months at a time, and we can probably have flight and accommodation confirmations to show as evidence of when next we will leave the country. It is my desire to return to our home in Canada after each trip, after all, I have spent the last 2 years waiting on an inland application, making Canada my home.
Questions:
1. If we apply outland, I worry about the possibility of being refused entry after one of our trips. If I am refused entry into Canada, will that have an impact on our sponsorship application? I am aware that it may mean I have to wait out the duration of my application in another country until the application has been approved, but just want to make sure that the decision to not allow me to enter will negatively affect the decision to grant me permanent residence, does that make sense?
2. If we apply outland, there are 2 address that we have to provide, one is a "mailing address", that I understand and know will be our address in Canada. The "residential address" has me concerned. Since I have been living in Canada for the last 2 years I do not have a residence anywhere else, but since I am applying outland I technically do not "live" in Canada, I am just a visitor. I understand that a residential address can be any country in which you have been granted residence for a minimum of 1 year. For me this would default to South Africa, even though I haven't lived in South Africa since I was 12 (am now 37). So would it be OK if I used my parents's address as my residential address?
3. As I understand it if we apply inland, while our application is being processed I will still have temporary resident (visitor) status, also known as implied status, even though I will have applied for an extension of stay to make sure my status remains legal. So, considering our dilemma with my mom's visa application mentioned above, would an extended period of legal status in Canada help my mothers case? Or does the CIC just not grant visas to family members of those who are only "visitors" in Canada?
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That's all for now folks. I thank everyone who takes the time to read this and respond. I appreciate everyone's opinion and am praying that we all get through our applications with a positive outcome!