Applying for Permanent Residence From Within Canada

[M2tM]

My girlfriend is from the United States and is living with me in Canada. We are in the process of filling out the forms here:

cic.gc.ca/

english/information/applications/spouse.asp

We have been living together since January 28, 2014. It is January 4, 2015 today, so we are trying to get this organized for submission on January 28, 2015.

When she first got here she got to stay for 6 months, we applied (successfully) to extend her stay, but she can only stay until January 21, 2015 as a visitor according to her Visitor Record. Remark: TEMPORARY RESIDENT STATUS MAINTAINED

So, my question is: should we apply for another Visitor Extension due to the 7 day gap between her current Visitation period expiring and our ability to apply for Common-Law based Permanent Residence From Within Canada. It is kind of an awkwardly short gap in time to go through the whole visitor extension process.

Also, does the application I am in the process of filling out (linked above) enable her to stay in Canada for the duration of the application? (Similar to visitor extension applications.)

 

[rhcohen2014]

you are in the wrong board. you want to be in family class sponsorship and your US gf does NOT want to apply inland. as a us citizen, she should be applying outland. she can still apply outland even if she is IN canada as a visitor and can be IN canada for the entire processing if she chooss to and has an approved extension to stay in canada as a visitor. Outland applicants from the US (with straightforward cases) are being processed COMPLETELY in 6 months. Inland applicants are seeing a 2 year approval time. it's a no brainer.

if her visitor extension ends soon, she needs to apply for another extension citing her pr application as the reason for staying. PR applicants are rarely denied extensions. No, applying for PR does NOT give someone implied status, nor does it automatically extend her stay, so if she doesn't apply to extend her stay as a visitor, she will be in canada illegally.

 

[kriv]

My girlfriend is from the United States and is living with me in Canada. We are in the process of filling out the forms here:

cic.gc.ca/

english/information/applications/spouse.asp

We have been living together since January 28, 2014. It is January 4, 2015 today, so we are trying to get this organized for submission on January 28, 2015.

When she first got here she got to stay for 6 months, we applied (successfully) to extend her stay, but she can only stay until January 21, 2015 as a visitor according to her Visitor Record. Remark: TEMPORARY RESIDENT STATUS MAINTAINED

So, my question is: should we apply for another Visitor Extension due to the 7 day gap between her current Visitation period expiring and our ability to apply for Common-Law based Permanent Residence From Within Canada. It is kind of an awkwardly short gap in time to go through the whole visitor extension process.

Also, does the application I am in the process of filling out (linked above) enable her to stay in Canada for the duration of the application? (Similar to visitor extension applications.)

If you are ready to apply for an inland sponsor application your girl friend Has to maintain her legal status in Canada (I.e visitor status) the pr application during in process will not give her any status till she gets her pr card. During the process of the pr applicant she can maintain her status by applying for another extension to stay in Canada which she will most likely get 1 year extension ( by mentioning the reason that she is ready or had already submitted her pr application. Providing your support letter and proof of pr application will help( you might already be knowing how to apply).
Extension to stay in Canada can only be applied if the applicant has a valid status so it must be submitted before the current visitor status expires. if the current status expires she cannot apply for extension ( as she wont have any status). SO better to apply for extension and if during the extension application process the status expires your girl firnd can still stay in canada till the outcome of the application (it is called implied status).
Additionally once you send the pr application also include the application for owp in your pr application package as she will be instantly eligible to apply for work permit once the pr case is submitted (she will get her work permit in 3,4 months).

Hope it helps

 

[M2tM]

you are in the wrong board. you want to be in family class sponsorship and your US gf does NOT want to apply inland. as a us citizen, she should be applying outland. she can still apply outland even if she is IN canada as a visitor and can be IN canada for the entire processing if she chooss to and has an approved extension to stay in canada as a visitor. Outland applicants from the US (with straightforward cases) are being processed COMPLETELY in 6 months. Inland applicants are seeing a 2 year approval time. it's a no brainer.

if her visitor extension ends soon, she needs to apply for another extension citing her pr application as the reason for staying. PR applicants are rarely denied extensions. No, applying for PR does NOT give someone implied status, nor does it automatically extend her stay, so if she doesn't apply to extend her stay as a visitor, she will be in canada illegally.

Thank you for your response, sorry about having the wrong board! I hope it's okay to ask as well:

Is there any drawback to an outland applicant? I thought you had to physically be out of the country to get that going, so it is news to me that it does not matter!

What is the primary reason *anyone* would do an inland application?

 

[M2tM]

If you are ready to apply for an inland sponsor application your girl friend Has to maintain her legal status in Canada (I.e visitor status) the pr application during in process will not give her any status till she gets her pr card. During the process of the pr applicant she can maintain her status by applying for another extension to stay in Canada which she will most likely get 1 year extension ( by mentioning the reason that she is ready or had already submitted her pr application. Providing your support letter and proof of pr application will help( you might already be knowing how to apply).
Additionally once you send the pr application also include the application for owp in your pr application package as she will be instantly eligible to apply for work permit once the pr case is submitted (she will get her work permit in 3,4 months).

Hope it helps

Thank you, this is good to know. I'll be sure to reference the PR application.

 

[kriv]

Thank you for your response, sorry about having the wrong board! I hope it's okay to ask as well:

Is there any drawback to an outland applicant? I thought you had to physically be out of the country to get that going, so it is news to me that it does not matter!

What is the primary reason *anyone* would do an inland application?

It your personal decision to choose between inland or outland application.

Outland Application:
-generally outland applications are bit faster in processing (some take even longer depends on the case and spouse country)
- your girl friend can still stay on her visitor extension in canada but still at some point she may need to go back

Inland Application:
- a bit slower processing
- your girl friend will be able to work almost instantly (owp pilot project 2015)
- easy to prove your common law or relationship as you will be living together.

Hope it helps

 

[canuck_in_uk]

Thank you for your response, sorry about having the wrong board! I hope it's okay to ask as well:

Is there any drawback to an outland applicant? I thought you had to physically be out of the country to get that going, so it is news to me that it does not matter!

What is the primary reason *anyone* would do an inland application?

For a US applicant, there is no drawback to outland.

Some people come from countries with longer processing times than the 2 year inland process. Some people believe that those without status in Canada can only apply inland. Some people are already in Canada on closed work permits and don't want to give up their job when their work permit expires; an inland PR app with an OWP allows them to continue working. Some people just receive REALLY BAD ADVICE from lawyers/consultants/friends/etc.

 

[rhcohen2014]

It your personal decision to choose between inland or outland application.

Outland Application:
-generally outland applications are bit faster in processing (some take even longer depends on the case and spouse country)
- your girl friend can still stay on her visitor extension in canada but still at some point she may need to go back

Inland Application:
- a bit slower processing
- your girl friend will be able to work almost instantly (owp pilot project 2015)
- easy to prove your common law or relationship as you will be living together.

Hope it helps

how about the fact that for US citizens Outland takes 6 months and Inland still takes 2 years? i would say that's a little more than "a bit slower" there is absolutely NO benefit for US citizens to even think about inland processing.

Thank you for your response, sorry about having the wrong board! I hope it's okay to ask as well:

Is there any drawback to an outland applicant? I thought you had to physically be out of the country to get that going, so it is news to me that it does not matter!

there is absolutely NO rule that states that! CIC actually even SUGGESTS all applicants to take advantage of quicker processing times by applying outland. A person can be IN canada as a worker, student or visitor when an outland application processes. they can be anywhere in the world. applying outland has NOTHING to do with where the applicant physically is.

I would really recommend switching to outland. there is not 1 single US citizen who is currently an inland applicant who is happy about the decision. the last thing you want to happen is to be stuck in process hell for 2 years when you had the CHOICE to get it done in 6 months time!

while you will still get some answers on this board, you will find a lot of information already on this topic in the family board, and there will be more people available to give you accurate advice based on actual experience. on the first page alone there are probably 5 other threads about US/Canadian spousal sponsorship.