Need Direction In How To Proceed

[HalifaxBound]

So, at risk of sounding like so many other love-struck saps I have seen on here, I am looking for answers to some questions I have regarding immigrating to Canada to be with my girlfriend (soon to be wife).

We have been dating for close to a year now, met online (as so many couples today do), and visit each other currently about once a month for 5-10 days. We are ready to take the next step and get married so that I can apply for Permanent Residency and we can happily live our lives together with her as my Spousal Sponsor. However, we are aware of the long processing time this could take, and do not want to be a part any longer than we have already at this point.

Heres the plan; In a month or so I am going to head up there for our next visit, and on this visit we are going to get our marriage license, and get married, and apply for my PR like I previously mentioned. As a U.S Citizen I am able to stay in Canada for 6 months as a visitor with no actual "Visa". What can I do to extend my stay so that I dont have to leave when the 6 months is up and I can just live my life with my wife?

From everything I have seen, getting a work visa outside or express entry positions is basically impossible, and I am not a student, so I am unsure of what to do? I know I can apply to extend my stay strictly as a visitor, but I have also gathered that the chances of that being approved are unlikely. I just want to be with my wife, and am looking for input on how to go about it.

ALSO, I have a question that could be an answer to my problem, but my understanding of the concept is a bit unclear. I have read a lot about "Implied Status". If I just go to visit and we get married and I apply for PR, as is the plan, do I have implied status while I await the results of our Sponsorship/PR application??? Everything I have seen talks about Implied Status in relation to an extension of a work or study permit, but I can't find anything on a visitor awaiting a PR decision and if I could find some protection behind Implied Status?

Thank you so much for your help, I am really looking forward to the responses.

 

[Christoph100]

What can I do to extend my stay so that I dont have to leave when the 6 months is up

You will be here a visitor you can always apply for an extension of stay when your 6mths is almost up. The only thing is you can not work or attend school you will remain a visitor. When you apply for your extension you can use awaiting your PR as one of the reasons for the request of extension and being you are from the US you most likely will not have too much of a problem obtaining the authorization to continue your visit.

Chris

 

[Mapleson]

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.


Also, you might qualify for the OWP pilot.

 

[Alurra71]

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.


Also, you might qualify for the OWP pilot.

He would only qualify for the OWP pilot program if he files an Inland application, which I would not suggest, since he is from the US. It is far more likely that he wouldn't get his OWP until about 6 months into his application process and still need to wait another roughly 18-24 months to become a landed immigrant OR he could be a landed immigrant that doesn't need permits at about 8 months based on current Ottawa processing times.

The choice would not be a difficult one for me if I had to do this again.

To the OP you CAN remain in Canada and 'visit' with your wife even if you file an outland application so don't be confused thinking you have to file a certain way.

 

[HalifaxBound]

He would only qualify for the OWP pilot program if he files an Inland application, which I would not suggest, since he is from the US. It is far more likely that he wouldn't get his OWP until about 6 months into his application process and still need to wait another roughly 18-24 months to become a landed immigrant OR he could be a landed immigrant that doesn't need permits at about 8 months based on current Ottawa processing times.

The choice would not be a difficult one for me if I had to do this again.

To the OP you CAN remain in Canada and 'visit' with your wife even if you file an outland application so don't be confused thinking you have to file a certain way.

Thank you so much for the info. I have another question, if you would be so kind. You mention the difference between filing inland or outland, and I know the difference, but if we decided to apply outland rather than inland, where would my wife send our application package? I know she takes her sponsorship paperwork and my application and bundles it all together, but if we don't send it to Ottawa where do we send it? New York?

I also have seen that once you file for PR, if you leave the county (say if my wife and I wanted to go on vacation) there's a fair chance they won't let you back in to Canada and you'll be locked out until your application is complete. Any truth to that?

 

[Mapleson]

All outland family class applications are sent to the Canadian CPC in Mississauga, Ontario.

 

[rugrat907]

I also have seen that once you file for PR, if you leave the county (say if my wife and I wanted to go on vacation) there's a fair chance they won't let you back in to Canada and you'll be locked out until your application is complete. Any truth to that?

This part might get a little tricky for you since you will already be married, plus you will be traveling with your wife and the reality is that you aren't really planning on going back to the U.S. If you two leave, you personally still need to come back to Canada as a visitor and would need to show proof of ties back to the U.S., a plan on returning, and the burden of proof might be higher than normal.

How would you be traveling for your vacation? If flying, then you'd want to get some sort of refundable return ticket back to the U.S., then you could get the refund once you are back in Canada. Also carry copies of the receipt you get from paying fees - shows that you are following the rules on becoming a PR. Since I am assuming you won't have a residence in the U.S anymore based on what you said earlier, I would also get something in writing from a parent or another family member saying you are living with them - even have them draw up a "lease" for you. Doing these steps I would think would get you back in Canada, but it's not as much of a 100% slam dunk as it would be if you were actually still living in the U.S., had a job there, etc.

 

[Alurra71]

Thank you so much for the info. I have another question, if you would be so kind. You mention the difference between filing inland or outland, and I know the difference, but if we decided to apply outland rather than inland, where would my wife send our application package? I know she takes her sponsorship paperwork and my application and bundles it all together, but if we don't send it to Ottawa where do we send it? New York?

I also have seen that once you file for PR, if you leave the county (say if my wife and I wanted to go on vacation) there's a fair chance they won't let you back in to Canada and you'll be locked out until your application is complete. Any truth to that?

If you apply outland, you send the entire completed package to Missisaugua, exactly as you would for an Inland application. The only difference would be that once they are finished with your wifes sponsorship portion (roughly 60 days or so) they would then forward your application to Ottawa for completion (roughly 8 months) and then you would be issued with your COPR and you could flagpole to land or go on a mini vacation to the states or other destination and then return to 'land'.

If you file Inland you send both parts of the application to Missisagua, exactly as the Outland, only they hold on to both portions. If you are in status and qualify for the OWP pilot program you will be issued an OWP in roughly 6 months. Your wife would be issued sponsorship in roughly 12 months and then your application would then start. You could expect it to take another 8-12 months for them to make a decision and then you would need to wait for your local office to schedule you an appointment to land which could take another couple months. You would then finally be a 'landed immigrant'.

If you file an outland application, you are free to vacation and travel and do whatever you wish (other than work and/or study in Canada) within legal reason; without any issues to your application. You can come and go through the border as CBSA allows you to and if for some reason they say, no, we don't want you to come to Canada right now until xxx. Then your application would not be in jeopardy.

If you file an inland application, you are also free to do all the above things, however, if you are denied entry to the country for any reason, they could deem your application abandoned (because you must be living in Canada with your spouse) and deny your application at which point you would be back to square one and be required to file an outland application and submit your fees again.

As stated before, you can stay with your wife in Canada when you file either application as long as you keep a valid status, but one of them is mandatory to successful completion while the other is not. Being a US citizen it really is recommended that you file OUTLAND as you will be landed 3x quicker than if you file Inland.

 

[canuck_in_uk]

What can I do to extend my stay so that I dont have to leave when the 6 months is up and I can just live my life with my wife?

Apply online to extend your stay.

I know I can apply to extend my stay strictly as a visitor, but I have also gathered that the chances of that being approved are unlikely.

Don't know why you think that. With a PR app in process, there is pretty much no chance of refusal.

If I just go to visit and we get married and I apply for PR, as is the plan, do I have implied status while I await the results of our Sponsorship/PR application??? Everything I have seen talks about Implied Status in relation to an extension of a work or study permit, but I can't find anything on a visitor awaiting a PR decision and if I could find some protection behind Implied Status?

A PR app does not grant status in any way. A person must maintain their status separately.

Thank you so much for the info. I have another question, if you would be so kind. You mention the difference between filing inland or outland, and I know the difference, but if we decided to apply outland rather than inland, where would my wife send our application package? I know she takes her sponsorship paperwork and my application and bundles it all together, but if we don't send it to Ottawa where do we send it? New York?

You really need to start actually going through the application package. The guides clearly state where to mail the app.

I also have seen that once you file for PR, if you leave the county (say if my wife and I wanted to go on vacation) there's a fair chance they won't let you back in to Canada and you'll be locked out until your application is complete. Any truth to that?

There is always the risk of being refused entry but if you carry proof of the PR app and proof of finances, the chances are very small. CBSA is pretty lenient with those who are following the proper procedures and applying for PR.