Beginning of Immigration, Sponsored, Long Dist.

[ZebraJCH]

I am a homosexual from the United States in a long distance relationship with a homosexual, natural born Canadian citizen, who will be my sponsor. Since it is Canada we are talking here, the same sex bit should not matter, but I have indicated it just in case. We have been in a purely long distance relationship for over three years now. The goal is simple - for the two of us to live our lives in Canada together.

Neither one of us have made a trip to visit the other, as we want to simply have it so that I go to Canada from the United States one time, and stay there throughout the process of getting Permanent Residency. This also implies that we have not yet married, but we both intend to very shortly once I arrive in Canada. Our plan is for me to go to Canada, become married to my fiance as soon as possible, and then attempt to get some memories and such together so that we can prove the sincerity of our relationship on the paperwork so that I can acquire Permanent Residency. At least, thats the plan.

The major obstacle in my plan is that I am naive and I do not know too much involving the process. I have read the article detailing 'Spousal sponsorship' and skimmed some of the articles provided therein, but it all makes me quite nervous. The bigger question is this - how am I going to stay in Canada while we make moments to prove our relationship before we begin filing for me to have Permanent Residency? I will have to live there for at least some amount of time before and during the process, so I do not want to have to leave Canada during this. Losing the ability to visit the United States is not a problem as I do not want to return back there.

This is a very important time for the two of us, and we want to not run into too large of a bump in the road in our plans. Any and all assistance will be greatly appreciated.

 

[CharlieD10]

With 12 months of cohabitation, you may qualify as common-law partners and be sponsored. You are visa-exempt, so you may visit Canada for up to 6 months at a time per entry. If you wish to extend your stay in order to meet the common-law requirement, you should submit a request for an extension of status at least 30 days before the expiration of your first stay. Provide sufficient documentation regarding your ability to support yourself or be supported, these extensions are usually approved for Americans seeking to extend their stay during processing.

Please note, you can't just move up to Canada prior to the start of the process. You are there to visit, so don't pack your stuff into a Uhaul and head north. If the border officer is not convinced you retain ties to the US and will leave if your status is not extended (for whatever reason), they are within their rights to turn you around and ban you from entering Canada for a year.

If possible, I'd suggest you both meet prior to making all this happen. I realize you've been together LD for quite some time, but there is no substitute for that first face to face, and although they might not question it too vigorously if you substantiate the development of your relationship properly, CIC might want to know why you never visited with each other at all before deciding on your moving to Canada.

Take your time, read the forms together, understand what you need to support the application, and decide on a class (conjugal, common-law, spousal) of application and what it entails. Ask questions where something is not clear. Good luck!

 

[ZebraJCH]

Please note, you can't just move up to Canada prior to the start of the process. You are there to visit, so don't pack your stuff into a Uhaul and head north. If the border officer is not convinced you retain ties to the US and will leave if your status is not extended (for whatever reason), they are within their rights to turn you around and ban you from entering Canada for a year.

I will be arriving in Canada from a plane with strictly carry-on, as I have little I desire to bring with me. Will I still have to deal with border officers or their equivalent while using this form of transport over the border?

 

[scylla]

I will be arriving in Canada from a plane with strictly carry-on, as I have little I desire to bring with me. Will I still have to deal with border officers or their equivalent while using this form of transport over the border?

Absolutely. Regardless of whether you arrive by car or plane, you must go through immigration to enter Canada.

 

[ZebraJCH]

Thank both of you for the prompt replies.

If I am understanding all of this correctly, it is simply a matter of me going to Canada as a visitor and extending my stay at least 30 days before the expiration. Once we meet the common-law requirements, we will then begin taking care of the sponsorship for my permanent residence. However, how many times can I extend my stay? I do not want to meet the time requirement only to have to leave due to limitations on staying. If there are limitations on staying, will it get in the way of meeting the requirements in any way?

I fear that I could only extend my stay once, resulting in being able to stay for 10-12 months but then having to leave once the time requirement is met for common-law.

 

[scylla]

There is no official limit on the number of times you can extend your visit. At the same time, there's also no guarantee the extension will be allowed. It's up to CIC if they allow you to extend once, more than once or not at all.

Unfortunately very few things are black and white when it comes to immigration...

 

[tink23]

Also, keep in mind, if you're in Canada on visitor status for a year to meet the requirement for common-law you can't work in Canada at this time so make sure that you and your partner have enough of an income/savings to satisfy immigration that there is enough that you can live off of during your time as a visitor.

 

[ZebraJCH]

I have four questions at this point.

For what reasons would CIC not allow me to extend? I understand that it is mostly a discretionary decision by nature but there must be some sort of basis they must go on for these decisions.

Also, how long would it have to be in order for me to schedule another trip to Canada following having to leave due to the extention being denied for whatever reason?

And during this entire process of immigration, at what phase am I able to begin working? I've read around but this part seems a bit unclear to me so far. Money is not an issue but I am curious.

Overall, how long would you think an inland, common-law, sponsored process would take in order for me to get Permanent Residence?

 

[ZebraJCH]

Forgive me for bumping, but I also have another thing to ask.

Must I 'extend' in this fashion (that can potentially be denied) during the process of getting Permanent Residence? I do not want to have to leave due to being denied the extention, but I also must stay in the country for the process, which is a sort of paradox in itself if I am understanding it correctly. How am I to stay in the country for inland during the process where I must stay in the country if I can be coaxed out of it due to a denied extention? It seems to work against itself unless there is something I can do that I am not yet aware of.

 

[CharlieD10]

1. Lack of or insufficient documentation, such as no proof of when you entered the country, lack of/insufficient funds for your support, for example.

2. If your extension is denied, it is hard to say how long until you may return. An officer at the border may see you were denied an extension and decide not to allow you back in, even if you wait for an interval of months. Being denied an extension is a possibility, not necessarily a probability. Having the correct paperwork and following the instructions is important.

3. If you apply Outland, you may begin to work as soon as you are "landed" as a PR. If you apply Inland, you MUST apply for an Open Work Permit separately, requesting that they process it at the same time they process your Approval In Principle (first stage approval), as they seldom approve them separately on their own. Outland average time for 80% of cases is 11 months (most people on here are processed in 6-8), Inland is 10-11 months for AIP (when you can get the OWP).

4. Overall, AIP takes 10-11 months, currently, and second stage approval (landing as a PR) can take another 9-18 months.

It is your responsibility to keep your status legal during the processing of PR, whether you apply Inland or Outland. For Inland, it is recommended that you not leave the country, as if you cannot return your application is deemed abandoned. For Outland, because your application is processed in Buffalo, your physical location is less important, and you may come and go from Canada without interrupting the processing of your application. Another important advantage of Outland applications is the preservation of your right to appeal a refusal of the application.

Denied extensions are uncommon for visa-exempt persons waiting out PR processing, as long as they submit the correct paperwork. Waiting out PR processing is considered a legitimate reason for an extension, but they also have to check their little boxes, so ensure you present ALL the needed information and documentation. As I said, it's really more of a possible risk you must account for, rather than a potential roadblock, especially if you are visa-exempt.

 

[ZebraJCH]

I apologize in advance for reviving this thread, but seeing as I am the original poster and the information is directly relevant to prior posts in this discussion, I believed it was the most reliable thing to do when accurate information is what I am looking for.

After many months, I now have my passport to allow me entry to Canada. The time for me to actually go there is coming closer and closer and quite rapidly. I reviewed the information in this thread and it says how I am Visa Exempt, however I've read that in order to extend my stay, I have to have a visa. I am not sure on the accuracy of this information, however it is quite intimidating as everything related to acquiring a Visa seems complex. To clarify, I do not have any sort of visa whatsoever.

Do I need a visa of any sort to extend my stay several times until I land as a PR? Please review the thread if there are any questions, and to clarify again, I am an American citizen wishing to immigrate to Canada on the grounds of common law sponsorship.

Also, it seems a lot of the forms involving extending all mention me as extending as a visitor. Will I still be a 'visitor' when I am extending during AIP and PR processing? It's all very confusing.

 

[avocadosandcheese]

I apologize in advance for reviving this thread, but seeing as I am the original poster and the information is directly relevant to prior posts in this discussion, I believed it was the most reliable thing to do when accurate information is what I am looking for.

After many months, I now have my passport to allow me entry to Canada. The time for me to actually go there is coming closer and closer and quite rapidly. I reviewed the information in this thread and it says how I am Visa Exempt, however I've read that in order to extend my stay, I have to have a visa. I am not sure on the accuracy of this information, however it is quite intimidating as everything related to acquiring a Visa seems complex. To clarify, I do not have any sort of visa whatsoever.

Do I need a visa of any sort to extend my stay several times until I land as a PR? Please review the thread if there are any questions, and to clarify again, I am an American citizen wishing to immigrate to Canada on the grounds of common law sponsorship.

Also, it seems a lot of the forms involving extending all mention me as extending as a visitor. Will I still be a 'visitor' when I am extending during AIP and PR processing? It's all very confusing.

It seems a lot more complicated than it is. You will come in to Canada using your passport, and as you a US citizen, you are considered visa exempt, meaning that you do not need to have any other document (such as a visa) other than your passport in order to enter Canada. When you cross the border, they will likely allow you 6 months in the country (unless they specify otherwise). 30 days prior to the date you need to leave (basically around month 5 if they gave you 6 months) you will apply to extend your stay. You are considered a visitor throughout the process as you are not a resident of canada and will not be until you are approved for PR. http://www.cic.gc.ca/english/visit/extend-stay.asp#change That is the link to extend your stay. Its very simple paperwork and a very fast turn-around.

Hope that helps.

 

[ZebraJCH]

Thank you for your reply.

I have two questions remaining.

1. When you say that I am visa-exempt due to not needing any documents other than my passport to enter Canada, do I need a visa to extend my stay? This may have been made clear to me earlier but I'm having trouble understanding. After all, 'entering' and 'extending' are two different things as far as I know.

2. In one of the extension forms, it asks how long I would like to extend. This entire time, I've always thought that extension was a 'yes' or 'no' and that every time it happens, it extends six months. However, with the appearance of this question, it kind of is a curve ball for me as I don't exactly know what to put down in this. I can't exactly put down, "FOREVER!!!", nor can I really put down a time that would be 'too long', however long that may be. I get the feeling this is a 'trap question' in that if I put down a time that they do not like, the extension would be denied. Exactly how long should I put down in this field if I am wanting to stay in the country long enough to be eligible for spousal sponsorship, then get my PR?

 

[parker24]

Thank you for your reply.

I have two questions remaining.

1. When you say that I am visa-exempt due to not needing any documents other than my passport to enter Canada, do I need a visa to extend my stay? This may have been made clear to me earlier but I'm having trouble understanding. After all, 'entering' and 'extending' are two different things as far as I know.

2. In one of the extension forms, it asks how long I would like to extend. This entire time, I've always thought that extension was a 'yes' or 'no' and that every time it happens, it extends six months. However, with the appearance of this question, it kind of is a curve ball for me as I don't exactly know what to put down in this. I can't exactly put down, "FOREVER!!!", nor can I really put down a time that would be 'too long', however long that may be. I get the feeling this is a 'trap question' in that if I put down a time that they do not like, the extension would be denied. Exactly how long should I put down in this field if I am wanting to stay in the country long enough to be eligible for spousal sponsorship, then get my PR?

Hi there! Welcome

1. It's two different things, but when you extend, you get a visa and have to carry it on your person. It's just a fancy piece of paper that you can keep in your passport. My husband (American) carries him with his passport as well.

2. Just put 6 months. If you put you are going to apply for PR soon, they may give you longer, but 6 months is the safest number

Good luck! Keep asking any questions you may have!

 

[ZebraJCH]

When you say that I get a visa, are you saying that I receive a visa as a result of extending, or that I must get a visa at that time in order to extend?