can i apply the common law visa without status

[happiness521]

Hi everyone,



I am extremely stressed out these days. This is what happened. My Canadian boyfriend and I were preparing the common-law sponsorship visa. I have a South Korean nationality. I worked in Canada as a graphic designer for over a year. My working visa was expired on July 4, 2018. At that night, after work, I applied the “extend visitor visa”. But when I submitted the application, the notation is marked as 5 July instead of 4 July on CIC. I didn’t know that I should submit my application as an Ontario time at that time. (I am living in Vancouver) So my “extend visitor visa” is still processing now since July 4.



At this point, what should I have to do? Apply for the “restoration visitor visa” first, and then apply for the “common-law sponsorship visa”? One of the lawyers said it’s okay to not apply the restoration. Just apply the common-law right away after the visa that I applied results come out. One of the immigration counselors said, I have to apply the restoration first, and then apply the common-law. I don’t know what to do. I don’t want to waste my time anymore for waiting for the extend visitor visa. I am pretty sure they will decline my application because it was already expired.



I want to move more clear and clever way. At this point, how do I go about doing things sequentially?


Please give me an advise.. Thanks!

 

[Wakki]

For Inland Sponsorship only.....Yes...you can apply for spousal or common-law Inland Sponsorship (only) regardless of Status in Canada.

Your spousal or common-law Inland Sponsorship will receive some more scrutiny due to your out-of-status but will be processed and approval will be based on the proof of supporting documents (refer checklist) and the genuineness of your marriage/relationship.

Refer.....Public Interest.

Note: your spousal or common-law Inland Sponsorship will be processed regardless of Status (i.e., if the Principal Applicant is out-of-status).

If OWP is submitted with Spousal or common-law Inland Sponsorship application.......and if the Principal applicant (PA) is out-of-status as at the time the Inland Sponsorship with OWP is received....... the spousal or common-law Inland Sponsorship application could be approved, but the OWP will not be approved........i.e., inland sponsorship approved does not need status but the OWP included needs status for approval.

If you are on a visitor visa, its good to apply for visitor visa extension.......however, if as at the time your inland sponsorship application was received you had status, you will be granted implied status.

 

[happiness521]

For Inland Sponsorship only.....Yes...you can apply for spousal or common-law Inland Sponsorship (only) regardless of Status in Canada.

Your spousal or common-law Inland Sponsorship will receive some more scrutiny due to your out-of-status but will be processed and approval will be based on the proof of supporting documents (refer checklist) and the genuineness of your marriage/relationship.

Refer.....Public Interest.

Note: your spousal or common-law Inland Sponsorship will be processed regardless of Status (i.e., if the Principal Applicant is out-of-status).

If OWP is submitted with Spousal or common-law Inland Sponsorship application.......and if the Principal applicant (PA) is out-of-status as at the time the Inland Sponsorship with OWP is received....... the spousal or common-law Inland Sponsorship application could be approved, but the OWP will not be approved........i.e., inland sponsorship approved does not need status but the OWP included needs status for approval.

If you are on a visitor visa, its good to apply for visitor visa extension.......however, if as at the time your inland sponsorship application was received you had status, you will be granted implied status.

Thank you for the replying! It helps a lot.
I am still waiting for the visitor extension visa that I applied in July. If they refuse the visitor extension visa, then my status become the out of the status in Canada. If that happens, after that, could I apply for the restoration visitor visa and inland sponsorship visa for the OWP?

 

[canuck78]

But she didn't she applied the day after so no longer an extension or implied status. Did you apply for common law yet?

 

[happiness521]

But she didn't she applied the day after so no longer an extension or implied status. Did you apply for common law yet?

Hi, I didn't apply for common law yet. Should I apply for the restoration visitor visa first, right? My extension visitor visa still in processing. Or should I go back to Korea and come back to Canada with a visitor visa? Which way is the more efficient way to do?

 

[Betabr]

Hi, what have you decided to do?

I was in a similiar situation but a bit worse. I mailed my extension 2 days before my status expired and when I tracked the package I saw that it was delivered 1 day after my status expired.

I called CIC to be sure if they consider the date when we send it off or the date when the receive it, and I was told that I was good because they consider the date I mailed the application.

So, good. I didnt need to apply for restoration if CIC call center was right and I believed that they were right. But no, my extension was refused and I no longer could apply for restoration since I was already out of status when they received my extension request. (I never know when to trust in what they say over the phone, I apparently should not have trusted them at that time).

I decided to stay until I become 1 year common law with my partner and I applied for sponsorship inland this month. If I left the country I would have to marry to be able to come back to my boyfriend and we didnt want the marriage to be only for the visa, it will be well planned with our family attending it.

I hope everything goes well for both of us!!!