Staying on in Canada after marriage

[judasentinel]

I am a Canadian citizen. My girlfriend is American. She is currently visiting me, and has been here in Ontario for around 5 months now. As an American, she obivously didnt need a visa, and is allowed to stay in Canada for 6 months. We have decided to get married now, in Canada, and I want her to stay and not go back to the US. I have a few questions that I'd appreciate answers to:

1. Her 6 month period will be over mid February, 2015. If we get married before her 6 months are over (in the next month or so), can she stay on beyond Feb 2015 or do I need to file for an extension for her?
2. I am planning to file for her permanent status after we get married, inland. Do I need to start that process before her 6 months stay expires or can it be started even after?
3. How much "grace period" does she have, in case of the 6 month expiry, IF she is not entitled to stay beyond that time? Or does a legal and BONAFIDE marriage in Canada allow her to stay on, while we prepare for the application and filing of the papers?

Thanks in advance. I really need help understanding our options.

 

[rhcohen2014]

1. getting married to a canadian does not allow her to overstay without permission. she will need to apply for an extension in order to stay legally. applying for PR is an acceptable reason.

2. why is she applying inland? this really really really is not recommened. outland US applicants are currently seeing a 6 month approval time for TOTAL processing. inland is looking at roughly 2 years, and there's still no knowing how the new OWP pilot program will live up to expectations. even if OWP are approved in 4 months, i still don't see the point for a us citizen to apply inland just to get a work permit in 4 months. as an outland applicant, she will be approved and able to legally work and apply for healthcare in about 6 months. still seems like a no brainer to me, especially since i don't think the OWP being issued means the applicant is eligible for healthcare. An applicant CAN apply outland even if they are IN canada while the application processes.
2a. a spousal application can not be submitted until you are married (or considered commonlaw). the application requires a marriage certificate and has questions related to the wedding. sending the application in before being married (or legally commonlaw) will result in your application be returned or rejected.

3. again, getting married to a canadian does not allow her to stay beyond the specified time of her visit without the proper authorization from CIC. this means in order to stay, she MUST apply to extend her stay. the only "grace period" available is if she fails to apply for an extension before her status expires. at that point, she has 90 days to apply for restoration of status along with the extension of stay.

 

[dominokitty]

1. Her 6 month visitor permit will not be extended automatically just because she is married to a Canadian, she will need to pay the fee and apply to extend her visitor visa to remain in Canada legally.

2. I would highly recommend you reconsider applying inland for a US citizen - she can still be in Canada and apply outland! The outland processing times for a US citizen are sitting at about 6 months right now, which is virtually nothing compared to the 2 years plus that it is taking for inland applications. This will get her living and working in Canada much sooner! With an inland app, she is granted implied status if she sends in an open work permit at the same time as her inland application, but won't be able to work until after the OWP comes and even then it is recommended that she doesn't leave Canada at all until her permanent residence goes through, which like I said is sitting at about 2 years now. If she has to return to the states for any reason within those two years there is a chance she won't be allowed back in to Canada and your entire inland application will be tossed out. Outland is a MUCH better option for US citizens.

You can get started on your paperwork now (as collecting the documents needed takes some time and the whole application can be complicated to assemble - my husband and I spent 3 months working on ours, gathering information, doing medicals etc) but it asks questions about the wedding/maintaining contact after your marriage and you can not send it in until after you are married and the whole application is complete. An incomplete application will be refused or returned.

3. There is no grace period, if she stays even one day past her 6 months without getting an extension on her visitor permit, she is technically in Canada illegally and it could complicate your application process. She'd then have 90 days to apply for a restoration of status, which only complicates things. She's much better off applying for an extension for her visitor visa now, before it expires.

The good news is this: You can still apply outland and have her stay in Canada by extending her visitor visa. She won't be able to work on a visitor visa but can still live with you in Canada. It's really uncommon for a visitor extension to be rejected, especially for a US citizen because the relations between our countries are so good. I would really recommend you look at the outland option rather than inland - it is so much faster and easier for US citizens that it's really a no brainer. The only downside is that should you two require an interview (which only really happens if the person working on your file has doubts about the legitimacy of your relationship), she will have to return to the states for the interview. The outland option also allows her to freely move between the two countries whenever she wants (to visit family for example).

I hope that helped!!

 

[blueangel371115]

I agree with the above posters. It's much better to apply outland, especially if she intends to visit home or has business to deal with in the states in the next 2yrs. If she leaves Canada during an inland application and her entry is denied later her application is cancelled and you have to start over, fees and all. Much better doing outland.

 

[judasentinel]

Here is an update:

We applied for an extension on Jan 4, 2015, as the last day for her 6 month period was Feb 23, 2015. We got married on Feb 23, 2015 in Ontario. However, we still have not heared back from the CIC about the extension. We are also in process of collecting all the documentation and paperwork for me to file a sponsorship for her as my wife, along with the work permit application as well.

It seems that outland is now taking much longer and CIC is saying that the work permit can be issued within 4-5 months.

I have a question at this stage - if the extension is granted, all is well, as we have time to submit the sponsorship application. However, in the odd chance that they reject the extension...(do they??), what do we need to do? We are still waiting for the FBI clearance cetertificate to arrive, which is perhaps another 2 weeks. Let's say today we find out that the extension was not granted...what does she need to do now? Does she need to leave and then come back, or can she wait here and we apply for the sponsorship and work permit? What if it takes a few days for CIC to get the application? From what time is her implied status valid if she applies for OWP along with the sponsorship application?

I dont want her to leave in case the extension is rejected and then go back to the US and they dont let her return because she was rejected the extension and now is married. This is so confusing....please help.

 

[bigredmoose]

Pretty much, leave and come back. But there is the risk the CBSA will turn her away. She needs to present herself as a visitor, not someone going to Canada forever to be with her husband.

 

[Ponga]

It seems that outland is now taking much longer and CIC is saying that the work permit can be issued within 4-5 months.

Longer than it did a few months ago, yes, but nowhere near as long as an Inland application is taking!

Most Americans are still completing the entire process in < 8-9 months, since they are processed in Ottawa, NOT LA or NY.

 

[rhcohen2014]

Longer than it did a few months ago, yes, but nowhere near as long as an Inland application is taking!

and people are still getting approved quicker than 2013 applicants during this time. it's important to remember prior to 2014 fast tracking, the average was more like 8-10 months. again, still better than inland, and potentially still quicker than receiving an OWP with the pilot program. it has yet to be proven it only takes 4 months.

if someone is that adament about applying inland because of this OWP, then it's recommended they wait a month or 2 to REALLY see how the pilot program pans out. my guess, there will be a lot of disappointed people stuck in inland processing hell waiting anxiously for an OWP they assumed would be approved in "4 months". i hope CIC proves me wrong. though, i tend to doubt it.

 

[Amalthea]

...in the odd chance that they reject the extension...(do they??), what do we need to do? We are still waiting for the FBI clearance cetertificate to arrive, which is perhaps another 2 weeks. Let's say today we find out that the extension was not granted...what does she need to do now? Does she need to leave and then come back, or can she wait here and we apply for the sponsorship and work permit? What if it takes a few days for CIC to get the application? From what time is her implied status valid if she applies for OWP along with the sponsorship application?

I dont want her to leave in case the extension is rejected and then go back to the US and they dont let her return because she was rejected the extension and now is married. This is so confusing....please help.

She cannot stay in Canada if her visitor extension is denied. She is only on implied status because you applied for extension before the deadline (30 days before expiry) and have not heard back from CIC yet.

Applying for PR does not give you implied status. She would need to go to the States and come back to re-new her 6 months as a visitor. I sincerely doubt they would deny your extension, they grant them for PR applications all the time.

 

[Ponga]

She cannot stay in Canada if her visitor extension is denied. She is only on implied status because you applied for extension before the deadline (30 days before expiry) and have not heard back from CIC yet.

Applying for PR does not give you implied status. She would need to go to the States and come back to re-new her 6 months as a visitor. I sincerely doubt they would deny your extension, they grant them for PR applications all the time.

Why not? Many people in Canada that have lost their status have been able to remain in Canada while awaiting their PR application processing.

Since Feb 2005 (or was it 2006?), legal status is/was not a requirement for PR approval.

 

[Amalthea]

This is true, I should have clarified that at the risk of being deported, you can apply while being Out-Of-Status. However, it's my understanding that if you apply Inland to be eligible for the OWP Pilot you must have maintained status.