Can you extend your stay as a visa exempt foreigner?

[2lemons]

I have loads of questions, and this will be one of many, as my partner and I are starting to look into what options are available for him to eventually get permanent residence in Canada.

We're not sure what's the best option (there are just so many).

He is from a visa exempt country (Australia), so from my understanding he could stay here for up to six months without a visa, but instead on an eTA. Can that stay be extended? Or is it recommended (and possible) to get a visa anyway, as it can be extended?

The reason I ask is, we plan to live together common-law for a year (with shared rent, and all of that), so that he can then apply for PR.

I apologize if this has been asked before, or the information was readily available somewhere. I just can't seem to find it and hoped someone might be able to help. Thank you!

 

[rish888]

He can enter Canada with an eTA as a visitor. The standard period of entry granted by CBSA is 6 months. At the airport he should demonstrate that his stay is temporary. (A return ticket is a good starting point.)

Once those 6 months are nearing an end, he should apply to extend his stay in Canada as a visitor. If approved, it gives him another 6 months in Canada. Theoretically speaking he can keep on applying for extensions. (But eventually someone will find out that he's basically living in Canada and deny his application.)

He doesn't need a visa as he's Australian. Whether one comes on an eTA or visit visa doesn't affect extensions. All visitors in Canada can apply to entend their stay.

Also, I doubt an application for a visa will even be accepted because he's Australian and doesn't need one.

p.s. there is no working/studying/accessing government services like healthcare while staying in Canada as a visitor.

 

[2lemons]

He can enter Canada with an eTA as a visitor. The standard period of entry granted by CBSA is 6 months. At the airport he should demonstrate that his stay is temporary. (A return ticket is a good starting point.)

Once those 6 months are nearing an end, he should apply to extend his stay in Canada as a visitor. If approved, it gives him another 6 months in Canada. Theoretically speaking he can keep on applying for extensions. (But eventually someone will find out that he's basically living in Canada and deny his application.)

He doesn't need a visa as he's Australian. Whether one comes on an eTA or visit visa doesn't affect extensions. All visitors in Canada can apply to entend their stay.

Also, I doubt an application for a visa will even be accepted because he's Australian and doesn't need one.

p.s. there is no working/studying/accessing government services like healthcare while staying in Canada as a visitor.

Thank you! This helps a lot.

I did read about having the return ticket booked, but would he actually have to leave? The reason I ask is, as I understand it, you need to live together for one year without a break in between in order to be considered common law?

When he applies for a reason for the extension, is it viable for him to say because he wants to spend more time with his girlfriend (me?. Because that would be the reason, and we don't want to lie about that obviously. He also may start looking into what sort of career he would want to pursue, but not actually working yet (though I suppose he could get a work permit?)

He plans to save up enough money to prove he can pay his way to stay here during the time period, but would working (with a work permit) increase his chances of staying and being accepted for permanent residency?

Thank you again for your reply!

 

[canuck_in_uk]

Thank you! This helps a lot.

I did read about having the return ticket booked, but would he actually have to leave? The reason I ask is, as I understand it, you need to live together for one year without a break in between in order to be considered common law?

When he applies for a reason for the extension, is it viable for him to say because he wants to spend more time with his girlfriend (me?. Because that would be the reason, and we don't want to lie about that obviously. He also may start looking into what sort of career he would want to pursue, but not actually working yet (though I suppose he could get a work permit?)

He plans to save up enough money to prove he can pay his way to stay here during the time period, but would working (with a work permit) increase his chances of staying and being accepted for permanent residency?

Thank you again for your reply!

He doesn't need to leave. He can apply for an extension and state that the purpose is to become common-law and apply for sponsorship.

He can't just get a work permit. Has he looked into IEC?

Working doesn't increase his chances of staying or of being approved PR.

 

[2lemons]

He doesn't need to leave. He can apply for an extension and state that the purpose is to become common-law and apply for sponsorship.

He can't just get a work permit. Has he looked into IEC?

Working doesn't increase his chances of staying or of being approved PR.

Okay, awesome! I wasn't sure if that would raise red flags, but it's awesome that it's okay to apply for an extension under those terms. Sponsorship is something I might have questions about later, but I looked into that a bit already, and it seems straightforward enough.

Good to know (re: work permit). We looked at the IEC, and I think the only category he'd be able to apply for would be the Working Holiday, which as I understand it, is an open work permit (meaning he doesn't need to have a job offer before coming, but can work any time during his stay), and it is (or can be?) valid for up to two years, but, I also read that it was not ideal for persons that want to obtain a permanent residence in Canada. I was thinking of it as an option, but I was wondering if it hurt our chances at all to become common-law and apply for sponsorship?

Thank you for your helpful reply!

 

[canuck_in_uk]

Okay, awesome! I wasn't sure if that would raise red flags, but it's awesome that it's okay to apply for an extension under those terms. Sponsorship is something I might have questions about later, but I looked into that a bit already, and it seems straightforward enough.

Good to know (re: work permit). We looked at the IEC, and I think the only category he'd be able to apply for would be the Working Holiday, which as I understand it, is an open work permit (meaning he doesn't need to have a job offer before coming, but can work any time during his stay), and it is (or can be?) valid for up to two years, but, I also read that it was not ideal for persons that want to obtain a permanent residence in Canada. I was thinking of it as an option, but I was wondering if it hurt our chances at all become common-law and apply for sponsorship?

Thank you for your helpful reply!

Not quite sure where you are getting your info about IEC being "not ideal for person that want to obtain a permanent residence in Canada". Wherever it is, don't go back there. An IEC permit is a fantastic way for people who want to become PRs to be able to come to Canada. It will have zero effect on a sponsorship app.

 

[2lemons]

Not quite sure where you are getting your info about IEC being "not ideal for person that want to obtain a permanent residence in Canada". Wherever it is, don't go back there. An IEC permit is a fantastic way for people who want to become PRs to be able to come to Canada. It will have zero effect on a sponsorship app.

Thank you! It's entirely possible that my brain has just become muddled with reading so much of this stuff today and yesterday. I will look more into the Working Holiday visa. Thank you!

 

[Bs65]

Assuming he is 30 or under applying for the IEC is a no brainer for an Australian as there are unlimited places available whilst the program is open.

A 2 year open work permit issued on arrival assuming turn up with 2 years travel insurance and proof of 2500 cdn, no return ticket required.

So as far as establishing common law, job done after 12 months no need to take the risky visitor status route plus more importantly can work for a living.

http://www.cic.gc.ca/english/work/iec/eligibility.asp?country=au&cat=wh&#country_category_name

 

[rish888]

IEC is the best course of action here if he qualifies.

As far as sponsorship goes, once your common-law and assuming he has a clean bill of health and no criminal record, PR is basically guaranteed. IEC/no IEC has no effect whatsoever.