Commonlaw: Submitting now or gambling with a visitor extension?

[BC_hopeful]

Hi Everyone. US Citizen here with a Canadian partner. We're working on an inland commonlaw application and aren't sure whether to ask for a visitor extension or send in an application now with what is (potentially) too much travel history in and out of the country (work, family events, etc...).

My visitor status expires early September. Unfortunately, I was outside of Canada for 22 days last September (spread across 3 different trips). I'm worried this might count as an interruption in cohabitation. If it matters, this was due to a combination of work, a family member's funeral, and a two-night trip to the US spent with my partner. After September, I was absent for approximately 1 week per month (also for work) until March. Since March, we've been holed up together here in Canada.

Any advice or experience with this sort of thing? I hear people have had visitor extensions refused at times. It is my understanding that if I apply for a visitor extension, then apply for the Open Work Permit, and then am refused the visitor extension, the OWP application dies and with it my implied status. Is this correct?

If it matters:
I've been with my partner (Canadian citizen) for 3 years. He moved back to Canada 2 years ago, and I followed him 1 year ago.

 

[primaprime]

As long as you retained the same primary residence they generally understand if you have to take a work trip, etc., though a lawyer may be helpful in this sort of situation.

Furthermore, you can remain on implied status as a visitor while your OWP application is pending. If it is refused, then you would be out of status if you didn't also apply for a visitor record. But the two are not connected in the way you describe.

 

[BC_hopeful]

Thanks so much for the helpful (and quick) response!!!

So do you recommend applying for the Sponsorship and OWP now or in October? To make sure I understand: if I

(1) Apply for a visitor extension in September
(2) Apply for the OWP in October, while on implied status from the visitor extension application
(3) Am then denied the visitor extension in November or December (assuming a 3-4 month processing time) and asked to leave

my understanding is that the OWP status would override the denial of the visitor extension application, and keep me on implied status (at least until a decision is made on the OWP further down the line)? Or would my implied status from the OWP disappear along with the visitor extension denial, meaning I would have to leave?

I'm also a little concerned, as our lease dates back far enough, but we didn't have any shared bills until later in the year. Should I be applying for the visitor extension regardless?

 

[primaprime]

If you apply for an OWP while you have visitor status (or implied visitor status), then your status as a visitor is maintained until you receive a decision on that application. But again, if you are cutting it close on the one-year cohabitation requirement and don't have stellar documentation, you may want to consult a lawyer.