expired Visitors Visa wishing to apply for a PR inland

[minda]

I came to Canada as a visitor. granted my first Visitors visa extension but on my 2nd extension application, i got denied. however i did not exit Canada bcoz of the fact that i am having a relationship with my Canadian sponsor. we are already living together for more than 3 years  here in Canada. I am married in the Philippines. My husband in the Philippines is filing for an annulment of our marriage due to the fact that i have already a common law husband here . I am awaiting for the annulment of my marriage in the Philippines before i would process my Permanent Resident Visa. It has been more than a year now since the filing of the annulment case and it still is yet in the court. my concern is  - am i doing the right thing to wait for the annulment to get approved before i would file for my PR Visa as a common law wife ? and secondly am i eligible to to apply for a PR here in Canada even if my Visitors Visa has already expired? Could you help me in the processing of my PR Visa in case i am still eligible to do so?

[wilson]

Hi,

The below mentioned is portion from CIC website:

If you wish to stay in Canada as a permanent resident, you must leave the country and apply from outside Canada. To become a permanent resident, you must meet the requirements for immigration to Canada.

You can apply to become a permanent resident from inside Canada if you are:

    a refugee or a protected person
    a spouse or common-law partner of a Canadian citizen or permanent resident
    a live-in caregiver or
    you hold a valid Temporary Residence Permit.


Spouse

You are a spouse if you are married to your sponsor and your marriage is legally valid.

If you were married in Canada:

    You must have a marriage certificate issued by the province or territory where the marriage took place.

If you were married outside Canada:

    The marriage must be valid under the law of the country where it took place and under Canadian law.
    A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.


Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

    you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

    joint bank accounts or credit cards
    joint ownership of a home
    joint residential leases
    joint rental receipts
    joint utilities (electricity, gas, telephone)
    joint management of household expenses
    proof of joint purchases, especially for household items or
    mail addressed to either person or both people at the same address.

[pinklady]

If you are applying as common law, you don't need to wait for the annulment to come through.