Mexican Girlfriend Immigration

[savage]

Hi

My girlfriend is Mexican, I am Canadian, we have been in a committed relationship for 2 years. Up until this point we have been taking turns traveling back and forth between Canada and Mexico to visit each other.

We have now decided to live together, and she is wanting to move here. I am willing to sponsor her, but from my understanding we need to prove that we are common-law partners, which will require 1 year living together (Don't believe we qualify as conjugal partners, as I could have quit my job and moved to Mexico).

Her last visitor visa was valid for 6 months, and has just expired. We are hoping when we apply again it will be granted for at least 1 year, so we can prove common-law status. Any suggestions, or things to include in the application that may help grant a longer visa?

Also, after living together for 1 year, and applying for permanent resident status will she still need to worry about having a valid visa, as a Mexican? Or while the application is being processed she will be allowed to stay in Canada?

Any help would be greatly appreciated.
Cheers.

 

[canadianwoman]

When she is in Canada on a visitor's visa, she can apply to extend it - apply about one month before it will expire. So just getting a 6-month visa will be OK, as she can probably get an extension and will be able to stay for a year.

 

[savage]

Thanks for the quick response canadianwoman.

Do you happen to know if she will be required to then extend her visa once more while we are waiting during her permanent resident application, in order to stay in Canada?

 

[canadianwoman]

Yes.
How long ago did she return to Mexico? If she was in Canada for 6 months living with you, and then returned to Mexico, and managed to get a new TRV quickly, the break between the two stays might be short enough that you could use the first 6-month stay as the first 6 months of the one year of cohabitation necessary.
A couple needs to live together for at least one year to qualify to apply as common law, but one partner or the other can leave for short trips during that time. For example, if one partner left Canada for 2 weeks to visit a relative during the one year time period, the couple is still considered to have been together for a year. But if you've been apart for months, the clock will start afresh when she enters on her new visa.

 

[savage]

The break between stays is going to be a few months, so I think the clock will start have to start again.

After doing some reading on a few different forums, I believe this is the process my girlfriend and I should be looking to take.

1 - Apply for a new TRV for my girlfriend
2 - Come to Canada
3 - Remain here together for 1 year (possibly by getting a visa extension if necessary).
4 - Apply for INLAND sponsorship (common-law) before TRV expires, including application to extend TRV as well as Initial Work Permit.
6 - Remain in Canada until processed…


Does this sound logical? While her application for PR status/extension of TRV is being processed, she will have "implied status", and be allowed to remain in Canada, correct?

Again, any help or suggestions would be great.

 

[canadianwoman]

Yes, that would work. While she is waiting for the inland PR application to be processed she is on implied status.
You can also do the same thing - have her stay for a year with you - and then apply outland. She would need to get a TRV extension, but outland applicants can stay in Canada 'visiting' while they are waiting (as long as they can get a TRV extension).

 

[boois]

Just out of curiosity how is your plan working out?

 

[savage]

We applied for a new TRV, it was issued October 4 (valid until 2017), my girlfriend arrived in Canada shortly after. We are now waiting until we have common law status before we make the PR application. It's a slow process, but worth it.