Visitors Visa running out

[mindrage]

I came to Canada from Germany last year in February as a visitor to stay with my common-law partner.
I applied successfully for an extension of my Visitors Visa and it got extended until May 2017.

We achieved official common-law status February 2017, started the paperwork and are about to send out the application package for permanent residency (inland application) soon.

Am I allowed to stay in the country after i applied for permanent residency, or do i have to leave in May?

 

[scylla]

Provided you include an open work permit with the inland application, you have implied status and can legally remain in Canada. However I would recommend you also apply to extend your visitor status. We've seen a number of cases recently where inland applications were returned due to being incomplete. If this happens to you (and you haven't applied for an extension), you'll end up in Canada without status. Applying for an extension gives you a bit of insurance in case there are any issues with your application.

 

[pilots]

Hi,

Just forwarding something that we recently had a question about. This is on CIC official website under Sponsor your spouse, common-law partner, conjugal partner or dependent child Complete Guide (IMM 5289):

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#eligibility

Your spouse or common-law partner can’t become a permanent resident in Canada if he or she is inadmissible for any reason OTHER than not having legal immigration status in Canada. A public policy also covers spouses and common-law partners who will be assessed for permanent residence even if they have no legal immigration status in Canada.

You will need legal status to submit your inland app though, keep that in mind. If you are able to maintain legal status by getting visitor visa extensions or something, I would definitely do that just to be sure.

Hope this helps.

 

[Ponga]

Hi,

Just forwarding something that we recently had a question about. This is on CIC official website under Sponsor your spouse, common-law partner, conjugal partner or dependent child Complete Guide (IMM 5289):

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#eligibility

You will need legal status to submit your inland app though, keep that in mind. If you are able to maintain legal status by getting visitor visa extensions or something, I would definitely do that just to be sure.

Hope this helps.

Not true. Legal status is NOT required for an Inland applicant, though it's highly recommended that status is maintained.

The inland Guide was updated a couple of years ago and states that legal status is required, but the Public Policy from Feb 2005 removing that requirement (for Inland applicants) is still in place.

 

[mindrage]

Thank you very much for the answers so far!

Did i understand this correctly, i ONLY have implied status if i apply for an open work permit, too?

Also, can i even apply for another extension of my visitors Visa? I mean, it already got extended for 1 year last year...

And what happens if my extension for the visitors Visa gets denied? To me this feels like one more thing that could go wrong...

 

[scylla]

Yes - you only have implied status if you include an OWP application with your inland application.

Yes - you can apply for another visitor visa extension.

 

[mindrage]

Thank you very much.

Forgive my ignorance please, but i have to ask:

I am -at the same time- not supposed to leave Canada after i applied inland, *and* supposed to leave Canada if i did not also apply for an OWP?
Like so many things in this process, this leaves me confused...

 

[ConfusedandInLove]

If you apply for Sponsorship but not OWP, this does not mean you have to leave Canada, as far as I know, as long as you have status in Canada via other means than the OW, such as an extension of your visitor visa.

I also need a 2nd extension and worried about that but I have read many times that they don;t often reject visa extensions for people in process of applying for PR / Sponsorship, as long as you can provide proof you have applied.

 

[Ponga]

If you apply for Sponsorship but not OWP, this does not mean you have to leave Canada, as far as I know, as long as you have status in Canada via other means than the OW, such as an extension of your visitor visa.

Legal status is not required for an Inland applicant, but it would be foolish for a person that currently has legal status to NOT include the OWP with the Inland application.

Being in Canada without status is never a good thing, even for Inland applicants!