Applying for PR while on implied status?

[BenjaminM]

So me and my partner are planning to apply for PR on March 12th because this date marks 1 year of us living together and therefore making us common law. The thing is that my current IEC visa expires the 1st of March. I applied for an extension as visitor in January but haven't heard any answer (standard processing is supposed to be 8 days).

Now we are debating if it is wise to apply for PR before getting an answer on the extension. I assume that I technically could because I would have implied status, but if they were to refuse the extension after I'd filed for an inland PR that could give some serious trouble. Any advice on this would be appreciated. Thank you!

 

[Bs65]

First where did you see a processing time of 8 days to extend stay as a visitor given this is usually expressed as a few months ?

https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html

As you have already determined you are on implied status pending a decision but must of course stop working on March 1st.

As for common law PR most on here would recommend not applying exactly on the day 12 months has been reached but have at least a month buffer in case any questions raised, not a firm guidance just upto each individual to decide if their documentation is solid enough.

Others can comment but whilst you are waiting on a visitor extension approval you have legal status so personally do not see any issue in submitting the PR application at the appropriate time. As assume a visa exempt it seems unlikely that extending stay as a visitor would be rejected but obviously no way to predict.

Think you will find other posts here where people come in as visitors and extend stay during their spousal PR applications, it is not an uncommon approach. At least you start with the advantage of already being in the country.

 

[BenjaminM]

I see I might've made a mistake with the processing time. I thought I was applying for a visitor visa from inside Canada (5 days) but I guess I'm applying for a visitor extension which takes 77 days. Thank you for pointing that out to me.

That means it would be early April when the decision for that should come through. I don't see why they should reject it but I was starting to question because I was assuming the decision was way overdue. I guess it's fine to apply while on implied status. Thank you for clearing that up for me!

Our documentation is very solid and we think it is a good move to sign the declaration of common law on the 1 year mark and then send it in. I don't see why waiting for another month could make processing go faster or smoother as our relationship is genuine backed with solid evidence.

 

[momo2018]

I see I might've made a mistake with the processing time. I thought I was applying for a visitor visa from inside Canada (5 days) but I guess I'm applying for a visitor extension which takes 77 days. Thank you for pointing that out to me.

That means it would be early April when the decision for that should come through. I don't see why they should reject it but I was starting to question because I was assuming the decision was way overdue. I guess it's fine to apply while on implied status. Thank you for clearing that up for me!

Our documentation is very solid and we think it is a good move to sign the declaration of common law on the 1 year mark and then send it in. I don't see why waiting for another month could make processing go faster or smoother as our relationship is genuine backed with solid evidence.

1) No offence but many with what they thought to be solid evidence had to go through interviews or other obstacles.
2) Even if you will get the visitor visa its only for 6 months. If you wont get it or for some reason you wont get the WP on time you will have a problem with legal status (for example if theyll send your app back)
3)Keep in mind that if youll have to leave Canada youll also have to cancel your inland app and start again as outland.
So i guess you can apply inland but taking the risk that any problem might force you to start again as outland, with few months of delay.

 

[Bs65]

I see I might've made a mistake with the processing time. I thought I was applying for a visitor visa from inside Canada (5 days) but I guess I'm applying for a visitor extension which takes 77 days. Thank you for pointing that out to me.

That means it would be early April when the decision for that should come through. I don't see why they should reject it but I was starting to question because I was assuming the decision was way overdue. I guess it's fine to apply while on implied status. Thank you for clearing that up for me!

Our documentation is very solid and we think it is a good move to sign the declaration of common law on the 1 year mark and then send it in. I don't see why waiting for another month could make processing go faster or smoother as our relationship is genuine backed with solid evidence.

As said is a personal decision on when to submit a common law PR application so if you are happy there are no gaps to explain due for example to travel and being apart , which is fine by the way for short periods (week or two) then go for it.

As per above post and assume you already know but for an inland application advisable to not leave the country given if you are ever refused entry the application can be considered abandoned. Once you apply inland general assumption is that takes around 4 months for the work permit application to be approved and whilst the average processing time for spouse PR is quoted as 12 months it tends it seems to be lot less when processing visa exempts but maybe that is just a perception and not fact. Helps to already have some immigration history as well. Good luck.

 

[canuck_in_uk]

So me and my partner are planning to apply for PR on March 12th because this date marks 1 year of us living together and therefore making us common law. The thing is that my current IEC visa expires the 1st of March. I applied for an extension as visitor in January but haven't heard any answer (standard processing is supposed to be 8 days).

Now we are debating if it is wise to apply for PR before getting an answer on the extension. I assume that I technically could because I would have implied status, but if they were to refuse the extension after I'd filed for an inland PR that could give some serious trouble. Any advice on this would be appreciated. Thank you!

What common-law proofs do you have from day 1?

 

[BenjaminM]

1) No offence but many with what they thought to be solid evidence had to go through interviews or other obstacles.
2) Even if you will get the visitor visa its only for 6 months. If you wont get it or for some reason you wont get the WP on time you will have a problem with legal status (for example if theyll send your app back)
3)Keep in mind that if youll have to leave Canada youll also have to cancel your inland app and start again as outland.
So i guess you can apply inland but taking the risk that any problem might force you to start again as outland, with few months of delay.

Thanks for the advice. I was under the impression that I'd have implied status if it would take longer than the 6 month extension for the work permit to come through. Is this not the case?

I'm aware that I need to stay in the country during the inland application which hopefully will be possible. We're willing to risk a few months delay for the sake of trying to stay together.

 

[BenjaminM]

As said is a personal decision on when to submit a common law PR application so if you are happy there are no gaps to explain due for example to travel and being apart , which is fine by the way for short periods (week or two) then go for it.

As per above post and assume you already know but for an inland application advisable to not leave the country given if you are ever refused entry the application can be considered abandoned. Once you apply inland general assumption is that takes around 4 months for the work permit application to be approved and whilst the average processing time for spouse PR is quoted as 12 months it tends it seems to be lot less when processing visa exempts but maybe that is just a perception and not fact. Helps to already have some immigration history as well. Good luck.

There aren't any gaps since I came here so we're feeling confident that we have a strong case. To name a few things we have a shared lease for our apartment, a shared bank account, both our names on some bills, lots of pictures of us together spanning a 2 year period with friends and family from both sides. We also have multiple notarized letters from friends/family. We went through the application thoroughly, meet all the requirements and have all the documentation so we feel it's a safe bet. Thank you!

 

[BenjaminM]

What common-law proofs do you have from day 1?

I have the flight ticket of the day I arrived here and my name was put on the lease of our apartment 2 weeks after that. There's also a picture of us together on the day I arrived.

 

[canuck_in_uk]

I have the flight ticket of the day I arrived here and my name was put on the lease of our apartment 2 weeks after that. There's also a picture of us together on the day I arrived.

The flight ticket and picture are not common-law proofs. Do not apply until at least 1 year from the lease date or you have a good chance of refusal.

 

[momo2018]

Thanks for the advice. I was under the impression that I'd have implied status if it would take longer than the 6 month extension for the work permit to come through. Is this not the case?

I'm aware that I need to stay in the country during the inland application which hopefully will be possible. We're willing to risk a few months delay for the sake of trying to stay together.

Thanks for the advice. I was under the impression that I'd have implied status if it would take longer than the 6 month extension for the work permit to come through. Is this not the case?

I'm aware that I need to stay in the country during the inland application which hopefully will be possible. We're willing to risk a few months delay for the sake of trying to stay together.

The point is that youll need to get the WP before your visitor visa expires, as the sponsorship itself wont give you any legal / implied status.
Personally i wouldnt send the app before id have the visitor visa approved, but of course its up to you.

Hope it will work out for you

 

[canuck_in_uk]

The point is that youll need to get the WP before your visitor visa expires, as the sponsorship itself wont give you any legal / implied status.
Personally i wouldnt send the app before id have the visitor visa approved, but of course its up to you.

Hope it will work out for you

The work permit does not need to arrive before the visitor status expires. OP will have Implied Status.

There is no need to wait for the visitor extension to be approved.

 

[andybc]

Was in the same situation as you. Applied for a visitor extension in Feb. My IEC ran out in mid April.

Visitor extension took forever and I eventually just went ahead and applied in early June. Visitor extension came two weeks later.

I specifically mentioned in the visitor extension app that I planned to apply for PR.

Would also definitely advise you to wait those two extra weeks but no need to wait for the extension to come (especially if you are from a visa exempt country).

Edit: Just to elaborate why waiting those two weeks is a good idea. The officer needs to be convinced that you actually lived together for one year continuously. If you submit the very day of becoming common-law they will consider anything before the date of submission.

For that period you would be two weeks short of cohabitation proof. Even though the officer full well knows that you definitely became common-law by the time the application reaches their desk, nothing past the submission date is allowed to be considered for the establishment of the common law union.

Therefore unless they cut you some major slack they would almost have to reject your application.

I, for instance, would not have applied before late April, when I received some letters in the mail under our shared address, even though we became common-law in mid-April. There was no lease either since my partner owns the home.

 

[momo2018]

The work permit does not need to arrive before the visitor status expires. OP will have Implied Status.

There is no need to wait for the visitor extension to be approved.

If he apply before WP approved but after IEC expired so he is on applied status (for the visitor visa). Can you apply for another status (for WP) while on implied status? If thats true you can keep sending apps and stay here forever, and all on implied status.
Interesting. (or I got it all wrong haha)

 

[canuck_in_uk]

If he apply before WP approved but after IEC expired so he is on applied status (for the visitor visa). Can you apply for another status (for WP) while on implied status? If thats true you can keep sending apps and stay here forever, and all on implied status.
Interesting. (or I got it all wrong haha)

A person can submit a second app while on Implied Status. However, if the first app is refused, they will be out of status. They will not benefit from any Implied Status from the second app, which will be refused.