PR Application Question

[Aroundtown22]

Hello All,

We're in a bit of a bind and don't exactly know what to do.

I have been living with my Dutch girlfriend since Aug 21, 2009 and she is here on a visitor visa. We applied for a visitor visa extension earlier this year, in which we declared our engagement. We also mentioned our intent to wed and then start the application process for PR under spousal class.

Since that time, we have rethought our original wedding plans (a small wedding with just parents present) and have decided to postpone the wedding until we can do it right. We want to get married in Holland, need to give my family a lot of time to save up for flights etc and also don't feel we've saved enough money to have the wedding we want.

So now we're looking at doing a common application instead. We have enough documentation to support our common law claim. We're about to submit her second visitor visa extension and in it I have described why we didn't wed and what our future plans are.

The main question I have is when it comes to the PR application (will be sent to Buffalo as she has been in Canada legally for 1 year) do we outline the situation in the same manner (I know that they typically don't like engagements and sometimes put the application on the shelf) or do we just not mention our engagement?

 

[fallenstar831]

Be 100% honest. I say it all the time. The truth is the best way... always. Getting caught in a lie will tie you up twice as long, maybe even get you denied.

 

[britincanada]

I agree with Fallenstar831..be 100% honest about your intentions and include the fact that your engaged! CIC cannot deny PR on the grounds that you have not yet married!

 

[iarblue]

Well you saying to them that you plan to go back to Holland to marry might be the nail in the coffin for her to get a nother extesion though.They may feel the reason they gave her the last one was to get married and start your PR now your saying that you going to wait may be reason enough for them not to extend it.They do let people stay here on extensions to get married and start the PR but for a couple years i dont think i have heard f it happening.But like i always say ,who knows all you can do is try.

 

[iarblue]

Your right Brit they cant deny them the PR just because they didnt marry yet,but they can deny her the extension to her visa.Like i said the last extension was given on the grounds they were marrying and applying for PR they did not do this.So applying for another extension might not fly saying they are going to wait to marry now.
But yes if you are thinking about applying common law you might wat to do it right away and include the extension with the PR app.If you send it separate she may not get it.

 

[Aroundtown22]

The first extension application stated that we were making wedding plans and that I understood what responsibilities I would have once we applied after getting married. In this extension, what we have said is that we have decided to postpone the wedding until we can work out the logistics and save some more money.

Her extension expires on Sept 1st and we don't become common law until Aug 21st so we would be cutting it pretty close by sending in the extension at the same time no?

 

[iarblue]

Well do you have the app all prepared to submitt once you reach the common law status,if not then it will be diff to get it ready in time considering medicals and police reports so i guess just send in the extension and hope for the best,only they know if they will give you one.

 

[Aroundtown22]

The application is mostly together. We were planning on submitting it on the 24th of August as we want to have it 100% together and then take it to a lawyer for review.

 

[iarblue]

But you have already sent in the extension app right,so it makes no diff when you apply for your PR,its just if you had of sent in the extension with the PR it would have had a better chance.But lets hope for the best right no negative thoughts.lol Anyway best of luck on your PR.

 

[Aroundtown22]

We haven't sent the extension application in yet. We're planning on sending it tomorrow and just express posting it. How do you submit it along with an outland application?

 

[iarblue]

Put it in with your application in a separate envelope in the application envelope.Once you have sent it in she is under implied status until she gets the answer after first stage approval.

 

[Aroundtown22]

We're applying outland though so I thought these two things were completely separate.

 

[iarblue]

Oh totally different,your applying outland well then just send in the extension sep.But why are you applying outland does she hold legal status in the US?To apply through Buffalo she needs to have legal status in the US for a year.

 

[Aroundtown22]

She has been in Canada legally for one year


"You may submit your application for permanent residence to the Regional Program Centre in Buffalo if you have been lawfully admitted to Canada or the United States for a period of at least one year."

http://www.canadainternational.gc.ca/buffalo/imm/family_class-categorie_familial.aspx?lang=eng

 

[iarblue]

Yeah so i see no problems with the way your doing it.Just hope for the extension,good luck in your whole process and god bless both of you on your special day.