Extending 6 month visitor visa for common-law relationship

[zissou]

Hello

I really appreciate any help anyone could give me. I did ask some of these questions on a previous thread but got no answer so i apologise incase anyone has read them already.

I'm British going to Canada again soon (after a 1 year temp work visa) and landing with a one-way ticket and hoping for a visitor visa. I intend on living with my girlfriend for a year and going down the common-law route and applying for PR. I know the risk involved in doing this is that my 6month visa extension will get denied so i'm asking for some advice.

First of all i read that it's not wise to mention i'm visiting my girlfriend to immigration officials if i don't have a return ticket but i do have family (aunt, cousins) and i figured if i said i'm coming to see them i should be let through okay. I can't really see any issues arising with this?

Secondly the visa extension form. This bit is what really scares me, especially if i have to do it a few times. If it gets denied and i have to leave it's going to look pretty suspect if i jump on a plane back to canada 1 month after i get kicked out. What would you suggest I write on the form? If we were married would this aid me in any way as far as extensions are concerned? If I have proof that we are financially secure without me actually working will that help me? If it does get denied is there any way i can challenge it?

Thank you

[Leon]

You don't have to be afraid to say that you are coming to visit your girlfriend but if you are coming to Canada again after just having spent a year, they do not automatically have to give you a 6 months visit visa.  As a visitor, you can stay for up to 6 months but that doesn't mean you can go home for a month and come back for another 6.  Rule of thumb I've heard is that you come visit for 6 and go home for 6.

Other people have applied to extend visit visa based on "exploring relationship".  If you have the funds to stay without working, it might work.  Being married would mean that you no longer have to show a year of living together before applying for sponsorship.

[zissou]

Okay. Well I will have been home for 5 months by the time I go back. Would they really check that? I feel if i mention the word 'girlfriend' it'll just potentially make matters riskier, especially if don't have a return flight. If we got married ASAP and then applied for PR i'm pretty sure it's going to look quite suspicious as we no proof of living together in the past, that's why i wanted for us to cohabit for a year first.

If i extended the visa with the 'exploring relationship' line and sent proof that we are a legit couple and perhaps even some testamonials from her family & friends (she is friends with the local mayor and one of the heads of the local RCMP of a reasonably sized town) would that help?

[Leon]

If you don't mention the word girlfriend and then all out of the blue 6 months later apply for a visit visa extension so you can stay longer with your girlfriend, what you you think they'll think then?  They get more suspicious if they believe that you are hiding something than if you tell the truth.  Do you think they'll believe that you are coming back to Canada 5 months after being in Canada without a return ticket just to visit your auntie?

You don't have to live together for a year before you get married.  In some cultures people don't live together at all before they get married.  Do you have other proof of your relationship like did you email each other at all over the past 5 months, did you maybe call each other on the phone sometimes, did you chat on MSN or the like?  Or while you were in Canada, did you spend any time with her, do you maybe have photos from some of those occasions?

You don't need to prove your relationship to apply for a visit visa extension.  They don't care why you want to stay, they care that you can support yourself and that you will go home eventually.  It's for sponsorship that you need to prove your relationship.

[zissou]

Hmmm.. you make some good points

I'm considering booking a flight back with insurance and then just cancelling and getting some money back.

Well the more and more i research the better the option of marriage appears.

I know this is a bit of a newbie question but I haven't looked this far into it yet (i've been too concerned with the initial visas) if we got married and then filled in the forms for PR whats the deal with me living in the country? can i apply for a temp work visa while it's all getting processed? or will i still be on my visitor visa and have to extend it etc?

Thank you for answering my questions, you have no idea how much i appreciate such clear answers

[Leon]

If you are in Canada at the time you apply, you have two choices of application, inland and outland.  See here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp#step1

The first link that says "If your spouse, partner or accompanying dependent child lives with you in Canada" is referred to as inland and the 2nd link that says "If your spouse, partner or dependent child lives abroad" is referred to as outland.

The difference in how they are handled is huge.

If you go with inland, you would send your application to Vegreville and it would be processed there until first stage approval which takes 5-6 months.  You could apply for a work permit and a visit visa extension at the same time and they will not actually kick you out of Canada while they are processing you but it is not advised for you to leave either since if you can't get back in, your application is gone.  Another huge drawback is that if they want an interview, they will forward it to your local CIC office where you live without the first stage approval.  That means no work permit and no health care.  The local CIC office will do the interview but some of them are so busy you can be waiting for this interview up to 3 years.  That means stuck in Canada with no work permit and no healthcare for up to 3 years.  That is obviously not a very good thing.  Normally though, you would have your work permit at first stage approval in 5-6 months and your PR in 1-2 years.

If you go with outland and I would rather recommend that, you can still give a mailing address in Canada but say you want your application processed in the UK, it would be sent to Mississauga and takes right now 43 days to process the sponsor part, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship , that is where they make sure that your wife doesn't have a criminal record and hasn't been on welfare.  After that your file goes to London and takes on average 4 months, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#europe and then you get your PR.  If London wants an interview, you would have to go there, that's the only drawback.  For outland there is no work permit.  You can apply to extend your visit visa when it's about to expire but your application will be close to finish processing by then.

[zissou]

Thanks a million again. Outland looks like the way to go.
If the IO prys deeper for more answers (which i get the feeling they will) should i tell them i'm here to marry and apply for PR through sponsorship? is there anything i could do in advance that would make this easier? perhaps with an embassy?

I really really don't want to get turned around...

[Leon]

It's not a good idea to mention marriage.  They can not let you in unless they believe you will leave at the end of your visa.  Just say you are going to visit your girlfriend and you don't really know for sure how long you'll stay, depends on how it goes, right?

Of course it would look better if you have a return ticket, you could buy one that you can get refunded or change the date of later.

There is no fiance visa in Canada so there is nothing really you can do at the embassy.

[lbw]

My common law husband has been travelling back and forth from the UK to Canada for the past 15 months while his file was being processed in London. Each time he entered Canada he was asked to show his return airline ticket. Immigration at Toronto airport had access to his PR application file and as long as he was returning within 6 months, there was not a problem. He was also staying in the UK for periods of 1 - 3 weeks at a time.
His passport request finally came on June 30th - it was started in Feb 08 with all payments up front and medical / police check. These had to be re done in Canada in Jan 09, as previous ones done in UK had expired. ££££ $$$$$ - oh well, we go there in the end.
Only advise would be as already stated - tell the truth.