Legal Options For Remaining in Canada While Spousal Sponsorship is Processed

[Cthonical]

I've been reading extensively trying to find definitive answers to this question, but opinions seem to be split. Some sources say that it's possible to enter on a temporary visa, submit outland spousal sponsorship forms, and then continue extending the visitor visa until the sponsorship is processed. However, other sources suggest entering Canada in this way would be seen as fraudulent as there was intention to remain permanently while utilising the visitor visa. This would obviously be the easiest way, but I'm very concerned with being barred due to misrepresentation despite some posts/information stating it's done frequently.

I am Australian and my fiance (wife in December!) is Canadian. We've been together for over three years (almost four by the time we are married) and were really hoping I could relocate in February/March next year rather than wait the 6-12 months for the sponsorship to be processed after we get married in December. What options do we have that would be easiest? (We haven't lived together except for stretches of 2 to 6 weeks multiple times a year over the last three years.)

 

[Buletruck]

It’s not misrepresentation (look up dual intent). The issue you have is not being able to start the sponsorShip process until you are married. You haven’t cohabitation for 12 months, so common law is out. Arriving that far in advance, you may run into a situation where your extension is refused. You also would not be able to work during the time you are here if you are planning to apply Outland.

 

[Cthonical]

Thank you, I hadn't seen anything about the concept of dual intent! Also, I have no plans to arrive in advance - the ideal situation we want to do is getting married in December (temporary visit for about 4 weeks during my work break), then I return home to work some more + for us to finalise and submit our application package, then in Feb/March I'd like to relocate "temporarily" to be with my partner while awaiting the sponsorship. Finances while I can't work aren't an issue and we have bank statements/etc to support this. Would it be a good idea to prepare an affidavit/documents before I arrive at the port of entry to the effect of, I'm vising my spouse but understand the immigration/visa laws and will comply with leaving should our application be denied? And then request an extension as necessary which should be okay?

 

[Kayaker]

Back in 2013 I did almost exactly what you are planning to do - FYI I am Japanese, so like you, I don't need a visa to visit Canada.

We got married (in Japan) in Dec 2013, prepared all our documents and sent in an outland PR application in early Feb 2014. In early March 2014 I flew to Canada with a refundable return ticket in 5.5 months time (which I promptly refunded after I arrived) and at the border they gave me 6 months, which seems to be the norm. They asked if I have enough funds for my stay (I told them $xxxx but they didn't ask for proof), what my husband did for a living, and not much else. I had with me my AOR (I think they emailed us the AOR after we applied, so I had a UCI number and all and this was my proof that I had applied for PR and was trying to do everything legally) and my intent was that I wanted to visit my husband while I waited for my PR, but did not want to do anything illegal (such as overstay) and risk jeopardizing my PR application, but they didn't ask, so I didn't offer them my story. (I'd asked people on this forum and the consensus seems to be, have your story and evidence ready, but don't offer it until asked - just answer their questions honestly (instead of offering up your life story from the beginning and bombarding them with papers) and have documents to back up your story, such as proof of funds for stay, return ticket, AOR etc.)

Anyway I stayed in Canada for the 6 months they gave me and at the end of it (September) I extended my visitor status (did it online? can't remember. Pretty straightforward) and they gave me another year. In October I got my COPR and we drove to the US border so that I can do my landing as a PR.

So long story short, I think you should be fine