UK Citizen applying for Canadian fiancee Visa

[drbiggles]

Well, I'm in a bit of a predicament. I've been living with my Canadian fiancee with her parents in Canada for the last 5 months, I have to leave on April 10th due to only being able to stay for max of 6 months.

Is there any way to apply for a Visa that will allow me to stay in the country whilst it is processing, or is the best course of action to fly back to the UK and apply from there (would prefer to avoid this situation if possible)

If you need any more information on my situation just ask here or PM me, I thought I'd just ask a general question first and add information as needed.

Thanks!

 

[Miguel de Cervantes]

I'm not too familiar with the UK regulations, but is there anything stopping you from crossing the border into the states, and coming back in? Do you have a visa of some sort right now? Or are you just visiting?

 

[Miguel de Cervantes]

I forgot to add that a Canadian fiancee Visa does not exist. You would have to apply as common-law (if you've lived with them for a year, and can prove it), or get married and apply as a spouse.

 

[Baloo]

Well, I'm in a bit of a predicament. I've been living with my Canadian fiancee with her parents in Canada for the last 5 months, I have to leave on April 10th due to only being able to stay for max of 6 months.

Apply for an extension of stay. You must do this before your visit is due to end.

Is there any way to apply for a Visa that will allow me to stay in the country whilst it is processing, or is the best course of action to fly back to the UK and apply from there (would prefer to avoid this situation if possible)

You can apply online or by post while you are in Canada.

If you need any more information on my situation just ask here or PM me, I thought I'd just ask a general question first and add information as needed.

Thanks!

Extend stay
http://www.cic.gc.ca/english/visit/extend-stay.asp

Processing times
http://www.cic.gc.ca/english/information/times/temp.asp

Currently, Postal = 129 and Online = 54

You are on implied status until you get an answer.

 

[shelleydalyce]

My husband and I were told by the border guard who has already given him 2 visitor records that there should be no problem with him getting another one now that our application is in process. I don't know how reliable that is and he is American though. We get to go test that theory when this one expires later this week.

 

[Baloo]

My husband and I were told by the border guard who has already given him 2 visitor records that there should be no problem with him getting another one now that our application is in process. I don't know how reliable that is and he is American though. We get to go test that theory when this one expires later this week.

There are no guarantees in Canadian immigration
Certainly not from a US border guard.
FWIW I know a few people who have received more than three extensions in the situation that you describe.

Make sure that Vegreville get the extension request before the current one expires (you know that already, posted for others).

 

[drbiggles]

You are on implied status until you get an answer.

I take it that means that if I were to apply now for an extension (less than a month from when I have to leave for home) that until I received a decision I would be allowed to stay in Canada? Also, besides the $75 application fee are there any other costs involved?

Thanks.

 

[Baloo]

I take it that means that if I were to apply now for an extension (less than a month from when I have to leave for home) that until I received a decision I would be allowed to stay in Canada? Also, besides the $75 application fee are there any other costs involved?

Thanks.

You are correct, you can stay on implied status.
The fee is $75. Other costs, err, staying in Canada

You could wait and apply with two weeks to go, or even a week.
You need to make sure that the application form and all items required arrive at Vegreville before your current stay expires.
When sending by post make sure you get proof of delivery (Xpresspost, but make sure that you ask for a signature).

I assume you got a stamp in your passport when you arrived, was it dated?
Were you issued a visitor record?

Any other questions just ask.

 

[drbiggles]

Thanks for that! Very helpful.

I'm a bit worried if I put down that my reason for extension is 'applying for a common law visa' Is that likely to get me declined? If so, what would you suggest as a reason?

I have the means to support myself (fiancee works part time and we're living with her parents) so I can at least prove I have the means to stay.

 

[Baloo]

Thanks for that! Very helpful.

I'm a bit worried if I put down that my reason for extension is 'applying for a common law visa' Is that likely to get me declined? If so, what would you suggest as a reason?

I have the means to support myself (fiancee works part time and we're living with her parents) so I can at least prove I have the means to stay.

Many people say "exploring our relationship" - Be aware that there are no guarantees that you will be allowed to stay.

Why not consider getting married, she must be worth it? - Oh, of course , being married and having a genuine relationship.... you could file earlier

 

[drbiggles]

Well if it's a great benefit for the visa if we get married then have the ceremony at a later date (can't exactly get all of my family over here and plan a massive ceremony on short notice)

What are the benefits of a spousal visa over a common law visa?

 

[Baloo]

Well if it's a great benefit for the visa if we get married then have the ceremony at a later date (can't exactly get all of my family over here and plan a massive ceremony on short notice)

What are the benefits of a spousal visa over a common law visa?

If you are married you do not have to declare you are common law. IMO In either case you still have to prove the relationship is genuine, but in common law you also have to prove that you lived together for the minimum of 12 months.
Marriage allows a PR app' as soon you are married, common law you have to have been together for 12 months.

You could always have a small ceremony in Canada and then one back home, save a lot of travel Sorry, I am joking ;D

Others will no doubt add more info'

Also note - you cannot be doing this so you can immigrate - that would be a marriage of convenience - NOT ALLOWED.

 

[drbiggles]

Also note - you cannot be doing this so you can immigrate - that would be a marriage of convenience - NOT ALLOWED.

Well, having been engaged since August 2008, I don't think that'll be an issue. I think the process I'll be taking is: Get extension of visitors Visa then either get married and apply for spousal or just go for a common law visa.

You've been a fantastic help, no wonder you're a champion member.

One other thing: What's the maximum you can extend a visitors Visa?

 

[Baloo]

Well, having been engaged since August 2008, I don't think that'll be an issue. I think the process I'll be taking is: Get extension of visitors Visa then either get married and apply for spousal or just go for a common law visa.

You've been a fantastic help, no wonder you're a champion member.

One other thing: What's the maximum you can extend a visitors Visa?

Opinions vary - 12 months can be done if you had a PR app' in the works.
Most of the others that I have seen (without PR app' active) are six months.

But others will no doubt add their own experience.

As a general note about family PR applications, have a read of Leon's post:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg344291#msg344291



Engaged since 2008 - get on with it

 

[drbiggles]

One last thing... do we have to declare our common law partnership or am I putting myself down as 'never married' and her relationship to me as my fiancee?