Getting a Visitor Visa Whilst Work Visa being renewed?

[rboughton]

I need some advice! My partner and I are Australian. His parents are permanent residents here in Canada. They recently sponsored him to be a resident but not me since they weren't sure we would last this long and figured he could sponsor me. So now he is a permanent resident. I have a 2 year work visa which expires June 11 2011 - it is the International experience canada working holiday program visa for people under 31yrs of age - so I don't need a LMO or job lined up. I can apply again for one. I did apply again in April but unfortunately I applied to the Vegreville office instead of Consular General in Sydney so it got refused yesterday. Now I have a week to leave! The problem is I have been here as a visitor from July 2008 to June 2009 then got the work visa for June 2009 to 2011. I want to apply for a visitor's visa whilst I wait for my new work visa application to go through so I don't have to leave the country because we recently had a baby - he's 4 months old and a canadian citizen. I'm scared they won't let me have another visitor visa because I have been here too much and I will have to leave my baby for a few months.

I plan on applying online on Monday for a visitor's visa and letting them know I am doing this whilst I wait for my new work visa. And that during my work visa my partner will start the process to sponsor me. Is it a good idea to lay it all out on the table and let them know what I am doing? What can I do if I don't get the visitor visa and have to leave next week? I saw it can take 60 days for visa to process - can I still stay in the country while waiting. Any other advice?

Thank you for your help!!

[rjessome]

I'm more concerned with what your partner's marital/common-law status was at the time he landed as a PR.  Were you two living together for a year by that time?

[rboughton]

He became a PR about a year ago and we've been engaged for 2.5 years and living together for 3. His parents thought would be easier to put just him through since they were paying and I could come in later since I'm younger and I could get work visa easy. So he was listed as single...

[rjessome]

He became a PR about a year ago and we've been engaged for 2.5 years and living together for 3. His parents thought would be easier to put just him through since they were paying and I could come in later since I'm younger and I could get work visa easy. So he was listed as single...

Oy vay!  His PR status is in jeopardy now.  His status was common-law and not a dependent child when he landed so he misrepresented himself.  He can't sponsor you without you both lieing to CIC and misrepresenting yourselves further.  The only way you can become a PR of Canada now is if you apply on your own merits through one of the economic classes. 

[rboughton]

Wow that is not good. Perhaps we will be returning to Australia sooner than planned! I'd better get my baby an Australian passport through descent.

What about just applying for visitor's visa whilst waiting for my IEC - WHP work visa without mentioning anything about residency or a partner. What would be the chances of them giving me another visitor visa be with the amount of time I have been in the country as a visitor and worker? I would like at least one to two years of work here if I can't get residency. My work visa expires on June 11th. If I apply online on Monday for a visitor visa do I get implied status until they decide on the visitor visa?

[rjessome]

Wow that is not good. Perhaps we will be returning to Australia sooner than planned! I'd better get my baby an Australian passport through descent.

What about just applying for visitor's visa whilst waiting for my IEC - WHP work visa without mentioning anything about residency or a partner. What would be the chances of them giving me another visitor visa be with the amount of time I have been in the country as a visitor and worker? I would like at least one to two years of work here if I can't get residency. My work visa expires on June 11th. If I apply online on Monday for a visitor visa do I get implied status until they decide on the visitor visa?

Yes, you can apply for the change of conditions to a visitor.  Don't lie to them.  Not mentioning something is lieing by ommission.  You can tell them you have a common-law partner who is a Canadian PR and that you have a Canadian child.  He doesn't HAVE to apply to sponsor you.  The likelihood of success depends upon what you submit as proof so send them a copy of your IEC application/fees receipt as well as proof that you have the financial means to support yourself.  Nobody can guarantee you success in immigration applications.  If you apply before your current permit expires, you will be on implied status until you receive a decision.