Visa ends in June, can apply for common law in July...

[jvid23]

Hi
I am on a 6 month visitor visa (Home country is Sweden) and my canadian bf and I can apply for common law in start of July. Am I able to apply for an extension to my visitor visa and while Im waiting for a reply to that apply for common law?
Also wondering how much money proof they need when applying for common law. as I have about 20 000$ in savings and are planning on applying for a work permit while common law is processing, but my bf has a part time job only and is starting to study before the summer..

 

[profiler]

Hi
I am on a 6 month visitor visa (Home country is Sweden) and my canadian bf and I can apply for common law in start of July. Am I able to apply for an extension to my visitor visa and while Im waiting for a reply to that apply for common law?
Also wondering how much money proof they need when applying for common law. as I have about 20 000$ in savings and are planning on applying for a work permit while common law is processing, but my bf has a part time job only and is starting to study before the summer..

Hi,
Yes you can apply to extend your stay ( http://www.cic.gc.ca/english/visit/extend-stay.asp ). However, if your current visa expires at the end of June, you may want to save the money, and submit your PR application in July with the OWP. The day you send your OWP application, you have implied visitor status until they send you the permit.

I'm not sure what your times look like for end of visit to one year or common law, but it's an option.

A second option is to apply to restore your status as a visitor in the OWP. There are questions that enable you to do this. It costs an extra $100, and can be done upto 90 days after your current visa ends.

In terms of money, 20k $ is more than enough. But if you choose option 2, it's not going to matter.

Spousal sponsorships do not assess the sponsor for low income cutoff. Therefore, he will need to explain how you both will live without social assistance.

 

[canuck_in_uk]

Hi
I am on a 6 month visitor visa (Home country is Sweden) and my canadian bf and I can apply for common law in start of July. Am I able to apply for an extension to my visitor visa and while Im waiting for a reply to that apply for common law?
Also wondering how much money proof they need when applying for common law. as I have about 20 000$ in savings and are planning on applying for a work permit while common law is processing, but my bf has a part time job only and is starting to study before the summer..

Hi

Yes, apply for an extension prior to your status expiring in July and then apply for PR while on Implied Status. Pay the PR fees and include that receipt when you apply for your visitor extension to show you are serious about applying for PR.

However, if your current visa expires at the end of June, you may want to save the money, and submit your PR application in July with the OWP. The day you send your OWP application, you have implied visitor status until they send you the permit.

??

Visitor status ends in June and the PR app can't be submitted until July, so advising OP to "save the money" and not apply for an extension is pretty bad advice. S/he would then be out of status and need to apply for Restoration; in the end, there would be no money saved and a whole extra mess of being in Canada illegally.

 

[profiler]

??

Visitor status ends in June and the PR app can't be submitted until July, so advising OP to "save the money" and not apply for an extension is pretty bad advice. S/he would then be out of status and need to apply for Restoration; in the end, there would be no money saved and a whole extra mess of being in Canada illegally.

For the sake of a day? Remember that the OP did not post the dates. Regardless, OWP + ROS would resolve it, and no mess at all.

 

[canuck_in_uk]

For the sake of a day? Remember that the OP did not post the dates. Regardless, OWP + ROS would resolve it, and no mess at all.

Yes, even for the sake of a day. Illegal is illegal and no person should ever purposely go out of status.

Also, an extension costs $100. Restoration costs $200. How would OP be saving money?

 

[profiler]

Yes, even for the sake of a day. Illegal is illegal and no person should ever purposely go out of status.

Also, an extension costs $100. Restoration costs $200. How would OP be saving money?

Going to disagree here. What's the difference between someone who is 89 days of of status, because they forgot, and someone who is 1 day out because they were sending a PR app in? Not sure there is a difference if they are applying to restore status. But let's let IRPA decide. I did a cursory look, and cannot find that nuance anywhere. Might you have a link to it, or a section number? I can also find references within the Operation Manuals that permit applicants to be out of status to even apply for PR (under public policy).

There is also less paperwork involved with OWP + ROS. However, I will agree that you are right, the fee for ROS is 200, not 100. That was my fat thumb on my onscreen keyboard.

 

[canuck_in_uk]

Going to disagree here. What's the difference between someone who is 89 days of of status, because they forgot, and someone who is 1 day out because they were sending a PR app in? Not sure there is a difference if they are applying to restore status. But let's let IRPA decide. I did a cursory look, and cannot find that nuance anywhere. Might you have a link to it, or a section number? I can also find references within the Operation Manuals that permit applicants to be out of status to even apply for PR (under public policy).

There is also less paperwork involved with OWP + ROS. However, I will agree that you are right, the fee for ROS is 200, not 100. That was my fat thumb on my onscreen keyboard.

You are going to disagree that is is better to maintain status than to become illegal? OK then.


The point of the situation is that is is smarter (and cheaper) to just maintain valid status. Out of status for a day is still illegal. As for less paperwork, a visitor extension is pretty simple. An extension app also has less chance than a Restoration app of causing a delay.

 

[profiler]

You are going to disagree that is is better to maintain status than to become illegal? OK then.

Actually, I am not suggesting that at all. I disagree that a person who is out of status (under 90 days) is not technically 'illegal'. If they were, they would be subject to legal remedies set out in IRPA. The fact that they can apply to restore status, or even still apply as a PR (under public policy) also lends itself to that statement. But again, I have yet to find it in IRPA. Again, if you happen to have that link or section number, I would like to educate myself.

I am not suggesting that at all in my original post. I am suggesting it's easier to file the OWP + ROS in one package, because you are:
a) not waiting for the extension to be completed before applying -- despite having implied status.
b) not filling out yet another application package. Online or not. Therefore it's simpler, does not require you to disclose funds available, or reason to extend -- it's implied as you've submitted an OWP + inland PR application.

The OP is talking about a gap no more than 31 days -- therefore they are eligible to apply to restore. They are yet to reach the 'illegal' area. Therefore the advice is legitimate. You'll note I gave more than one solution to the problem -- albeit with typos. None of them are 'bad advice', as they are all plenty legal enough. If it wasn't, then how do you explain away the hoards of applicants who applied out of status (more like 2-3 yrs) who now have PR's?

Calling it out as 'bad advice' is just that. If it's bad, please educate me by providing links or section numbers to the IRPA section where it states a person is 'illegal' 1 day after their visa expired.

 

[Rob_TO]

Calling it out as 'bad advice' is just that. If it's bad, please educate me by providing links or section numbers to the IRPA section where it states a person is 'illegal' 1 day after their visa expired.

I would say it's bad advice simply due to the $100 you'd be wasting just to not do a very simple visitor status extension form.

Also there is no way to know if doing a ROS + OWP, may result in longer processing (in addition to the extra $100) vs doing just the regular OWP form while having valid status.

 

[profiler]

I would say it's bad advice simply due to the $100 you'd be wasting just to not do a very simple visitor status extension form.

Also there is no way to know if doing a ROS + OWP, may result in longer processing (in addition to the extra $100) vs doing just the regular OWP form while having valid status.

Anyone who has done the process still has the OWP + ROS in ~4months. It wasn't bad advice at all. It was one option I gave. So, going to disagree here. Giving options that are perfectly legit is not bad advice -- selecting advice based on your own prejudices, and filtering out the options based on that could be construed as bad advice, as you didn't give options to the OP.

$0.05.

 

[jvid23]

In terms of money, 20k $ is more than enough. But if you choose option 2, it's not going to matter.

Spousal sponsorships do not assess the sponsor for low income cutoff. Therefore, he will need to explain how you both will live without social assistance.

We are already getting by without it; his part time pay is enough and I have savings + will apply fir OWP?
And about my visa status; Visitor ends 4th of June and can apply for common law 7th of July i think

 

[canuck_in_uk]

If it wasn't, then how do you explain away the hoards of applicants who applied out of status (more like 2-3 yrs) who now have PR's?

Calling it out as 'bad advice' is just that. If it's bad, please educate me by providing links or section numbers to the IRPA section where it states a person is 'illegal' 1 day after their visa expired.

I never stated that becoming illegal and applying for Restoration would mean a person can't apply for PR. I simply stated that it is smarter to maintain valid status.


http://laws.justice.gc.ca/eng/acts/i-2.5/page-10.html#h-24

Temporary resident

47 A foreign national loses temporary resident status

(a) at the end of the period for which they are authorized to remain in Canada;

(b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or

(c) on cancellation of their temporary resident permit.


Once valid status ends, a person is in Canada in contravention of immigration law, i.e. illegal. It doesn't matter if it is one day or one year.

 

[profiler]

I never stated that becoming illegal and applying for Restoration would mean a person can't apply for PR. I simply stated that it is smarter to maintain valid status.


http://laws.justice.gc.ca/eng/acts/i-2.5/page-10.html#h-24

Temporary resident

47 A foreign national loses temporary resident status

(a) at the end of the period for which they are authorized to remain in Canada;

(b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or

(c) on cancellation of their temporary resident permit.


Once valid status ends, a person is in Canada in contravention of immigration law, i.e. illegal. It doesn't matter if it is one day or one year.

I highlighted the key part there. I did already read this. It does not say they are illegal or subject to removal. It states they are out of status.

 

[canuck_in_uk]

We are already getting by without it; his part time pay is enough and I have savings + will apply fir OWP?
And about my visa status; Visitor ends 4th of June and can apply for common law 7th of July i think

Apply for a visitor extension in May. Pay the PR fees and explain in the extension app that you will be applying for common-law sponsorship in July. With proof of your savings, you should have no issues.

You can then apply for PR and the OWP in July while on Implied Status. His income, your income and the savings will be sufficient financial proof for the PR app that you can support yourselves.

 

[jvid23]

Im getting really confused about the replies and suggestions here haha. I really just want to do the easiest thing cause this is already sp much paperwork and I dont really care about the cheapest option.
Can I apply for a common law visa while waiting for my reply about a visitor visa extension?
IF NOT whats my options?