Visitor Visa Extension to qualify Common-Law?!

[fnsr]

Hello everyone,
So happy to have found this site, so much great reading to do. I think My Fiance and I have the jist of the process but I have one major Q.

He's a Mexican citizen, came to Canada with Multiple Entry Visitor Visa on May 1st to vist. We travelled out of country early July, he got back in through Customs with no issues. We are engaged to be married and have recently decided to remain living together here in Canada but don't want to rush a Wedding just to start the process and to apply for Common-Law Sponsorship Inland we have to live together for 12 months or more... his Multiple Entry Visitor Visa is only good for 6 months at a time... how are we supposed to get an extension when the main objective of the extension application is to prove you don't intend to stay in Canada more than allowed?
We want to live together for the required 12 months but don't want to break Immigration Laws by him staying here past his 6 months... Is it possible that utilizing his Multiple Entry Visitor Visa and making trips in and out of Canada together before the 6 Month expiry until our 12 months is up can be a loophole??

I have no clue how we are supposed to live together for 12 months if he can't stay here more than 6 at a time.

Any insight appreciated!!!

 

[La_Ardilla]

Hello everyone,
So happy to have found this site, so much great reading to do. I think My Fiance and I have the jist of the process but I have one major Q.

He's a Mexican citizen, came to Canada with Multiple Entry Visitor Visa on May 1st to vist. We travelled out of country early July, he got back in through Customs with no issues. We are engaged to be married and have recently decided to remain living together here in Canada but don't want to rush a Wedding just to start the process and to apply for Common-Law Sponsorship Inland we have to live together for 12 months or more... his Multiple Entry Visitor Visa is only good for 6 months at a time... how are we supposed to get an extension when the main objective of the extension application is to prove you don't intend to stay in Canada more than allowed?
We want to live together for the required 12 months but don't want to break Immigration Laws by him staying here past his 6 months... Is it possible that utilizing his Multiple Entry Visitor Visa and making trips in and out of Canada together before the 6 Month expiry until our 12 months is up can be a loophole??

I have no clue how we are supposed to live together for 12 months if he can't stay here more than 6 at a time.

Any insight appreciated!!!

I can partially help you with this, I sponsored my common-law partner from Mexico. We were able to qualify as common-law partners by extending his stay in Canada. The only difference to your situation is that he did not have a multiple entry visa as he arrived in Canada 2 or 3 days before the new visitor visa requirements came into effect for Mexicans. Check the CIC website about extending your stay in Canada. We were able to do that, I think 3 times in total, without a problem. The reason we used for extending his stay was to prevent separation from me during the processing of his permanent residence. Actually, the first time the explanation was to begin the application process for the provincial nominee program (we changed our minds after exploring this option).

I would perhaps reconsider doing inland processing and check out the outland option (it can be much quicker than inland). Ours took about 7 months in total from the time we sent the application to receiving a request for the passport through the Mexico City visa office.

 

[fnsr]

Thanks so much for your response. According to the CIC Visitor Visa Extension Application, he is supposed to prove he has ties to Mexico and will return. But that's not the plan. We need Visitor Visa extended so we can live together for the required 12 months so we can then apply for his PR/Work. We apply to CIC for visa extension and tell them this?

As well, he can stay here in Canada with me while applying outland too right?

Provincial Nominee process... not a great one? We kind of thought this may be an option as he's got his commercial pilot's license but we don't even know where to start. Thinking it would be easier to pay a lawyer to take care of everything.....

 

[La_Ardilla]

Thanks so much for your response. According to the CIC Visitor Visa Extension Application, he is supposed to prove he has ties to Mexico and will return. But that's not the plan. We need Visitor Visa extended so we can live together for the required 12 months so we can then apply for his PR/Work. We apply to CIC for visa extension and tell them this?

As well, he can stay here in Canada with me while applying outland too right?

Provincial Nominee process... not a great one? We kind of thought this may be an option as he's got his commercial pilot's license but we don't even know where to start. Thinking it would be easier to pay a lawyer to take care of everything.....

That's right, he can stay with you in Canada while you process outland. Seeing that he has a multiple visitor visa this will come in handy if he needs to go to Mexico to get police checks, etc. This can also be done if he has family or friends in Mexico, too, but all of this seems less complicated if you can do it yourself. Does he have a lot of time until the mutliple visa expires?

You should read the Mexico topic on this forum, it is very helpful. Take the time now while you are waiting for the common-law status to come into effect so that when it comes time to apply you are well-versed in all of the little details. Even better fill out all of the applications while you wait so that when you have achieved common-law status, you are almost ready to go. We wasted a few months on the applications after we became common-law.

When we applied to extend his stay as a visitor, I wrote a support letter stating that I would support him during the stay. This can also be used as proof of relationship when you apply for PR under common-law. The application we used was here: http://www.cic.gc.ca/english/information/applications/visitor.asp If for some reason your application for extension is refused your partner should be able to still return to Canada by leaving for a very short time. Also, do not apply online and wait until there is a little more than 30 days left on your partner's stay, this will buy you more time to be together because it takes much longer to process the paper application. While it is being processed his status will be implied.

A lawyer is one option but is not necessary, for me, I liked being in control of the process and our future. No one wants to do a better job/get approved more than you!

The provincial nominee program (Manitoba) could have worked but we would have had to apply under the general stream which means he would have to have proof of funds of at least $10 000 (I think it might be more now), which he did not have.

 

[mc1234]

Wow, this is a great thread. to the OP, your story sounds identical to mine! My fiancee also recived a multiple entry in July and is now in Canada with me. We have been living together since april and are waiting to pass our one year mark. I can also relate to how you feel about the marriage issue, which is why we are also doing common-law sponsorship. The multiple entry visa was deft. a plus for us aswell. Just wondering what other people have submitted as proof of their common-law relationship? We have taken trips together, as I mentioned previously, we live together, he has recently got his driver's license that has our address on it, we of course have photo's, we have already begun to ask our family and friends to write letter vouching that we are a bonafide couple, we have pictures, a lease agreement, rental reciepts, a joint bank account, conversations, some letters, photocopies of his multiple entry visa, proof of phone calls and email logs prior to us living together, etc. Just wondering what other people in our situation have done?! thanks a bunch!

 

[mc1234]

Also, does it look badly that I travelled to canada 11 days prior to him coming to canada to prepare things for us here?? Thanks a bunch!

 

[fnsr]

SHEESH! you guys are already printing things off? I guess I should get my butt in gear hey, we haven't don't anything just yet.

I have a HUGE Q for you, how did he get a Canadian License if he's here on just a visitor visa?

Where are you guys planning on marrying? It seems a lot of hoops to jump through to Marry in MEX, with having to ask permission etc.

 

[mc1234]

Hey,

I am happy to hear back from you! I was telling my Fiancee about how I saw a post online last night identical to our situation and he thought it was too funny.. Also, I tried to PM you but I guess neither of us have that option!

For the Canadian license, it's perfectly legal for him to transfer it to a Canadian while still having his Mexican license. This is what you need, He needs to get in contact with the embassy here in Toronto, you have to give them you and your Fiancee's address and then they will ask you to provide two photocopies of his license. That's another thing you need, two original driver's license. With all that, and his passport, Mexican Id , etc, you drop it off at the Mexican Embassy (I dunno where the closes one is for you guys, but ours is Toronto) Any who, So you have to pay a fee, it $60 dollars and i think 34 cents (lol) you need exact cash or else they won't be happy and you basically have to find a way to give them the exact cash. Then, they set a date for you to return the embassy to pick up the papers. They give you back a document which basically states that your Fiancee's license is legitimate, then you just go to the driver's license test center (i think that's what it's called) lol! with that document and his passport! They give him one year's experience so he is able to get his G right away!!! Which I thought was awesome! A lot of work I know but saves you time/money in the long run!

Here's the link: consulmex.sre.gob.mx/toronto (The Mexican embassy in Toronto, again don't know if that one is close to you but I saw many across Canada)

And I deft. know how you feel, a lot of Mexican paperwork seems to be jumping through hoops, which is a whole other post!! I'm just about to head to work so I'll write a little bit more about that later!! Hope this helps!

 

[fnsr]

We inquired about him getting an Alberta DL and they said he needed either his PR Card, Work or Study Visa. They also said that he can't legally drive here in Canada after living here for 3 months because when you move, you have 3 months to change your DL. BUT if he cant get an Alberta DL even tho he lives here, that means he's not allowed to drive?! It's so dumb.
I think I will be going to another DMV to see if we get a different response.
SO..... are you guys using the Multiple Entry Visa to live together for 1 year or, are you applying for extensions on his Visitor Visa?
He got here May 3rd so his Visitor Status was good for 6 months from there. Then we went to London and got back into Canada on July 5th so his status is good again for 6 months. AND we are planning a month long trip to Asia for Xmas n NewYears and once we return, we got another 6 months. Is this kinda how you guys are doing it??

 

[mc1234]

Wow that is really weird :S I think you guys should go to a different DMV because I don't see what a PR has to do with a driver's license! When we went they asked us how he was here and responded he's here because he's on a multiple entry visitor's visa and is going to be getting his PR in the future. Then we just presented the letter from the embassy and they automatically gave him one year's experience! He could even write his test in Spanish (even though he speaks English well) Realizing your in Alberta, it may be likely that he can't get his driver's License without his PR, but again I find that really weird so check that out!

Yeah as for how were extending it to qualify for common-law, we are going to extend it once and then visit Mexico again maybe in march/april right before we submit it! We were thinking about going to Cuba for a week but were not too sure. What happens at the boarder when your bf re-enters? is it a lot of hassle?

Thanks a bunch!

 

[fnsr]

Well, when he initally came here in May he was truthful in saying he was coming to visit his gf. We then decided to start living together and when we came back from London Customs was very busy and pretty much rushed us through (T.O) but we were planning on being truthful and give explanation of plan to seek PR.
So have you started your application for extension? I read it has to be sent 30 prior to expiry of Visitor Status, which means end of this month for you guys??

 

[fnsr]

HAHAH that would explain the delivery failure notification !!

=)

 

[mc1234]

hahaha sorry! just realized it was .ca not .com!

 

[summitseries]

Hi fnsr! Hope you'll see this post/question.

My partner and I are in a similar situation as yours... We're trying to achieve common-law partner status through me extending my visitor visa until we reach the required 12 months.

Did that work out for you in the end? Did they question the validity of your partner's visitor status whilst achieving the 12-month required period?

Thanks!

 

[km9203]

We inquired about him getting an Alberta DL and they said he needed either his PR Card, Work or Study Visa. They also said that he can't legally drive here in Canada after living here for 3 months because when you move, you have 3 months to change your DL. BUT if he cant get an Alberta DL even tho he lives here, that means he's not allowed to drive?! It's so dumb.
I think I will be going to another DMV to see if we get a different response.
SO..... are you guys using the Multiple Entry Visa to live together for 1 year or, are you applying for extensions on his Visitor Visa?
He got here May 3rd so his Visitor Status was good for 6 months from there. Then we went to London and got back into Canada on July 5th so his status is good again for 6 months. AND we are planning a month long trip to Asia for Xmas n NewYears and once we return, we got another 6 months. Is this kinda how you guys are doing it??

I am in Alberta. I had to have my open work permit to get my Alberta license. But I didn't have a uk driving license so maybe that's why.