PR Applications, Engagement and Temporarily Leaving Canada

[licorize]

So first for a bit of background.... I'm a 23 year old natural born US citizen and I recently got engaged to my Canadian boyfriend of 5 years. We have been living together for a year now, and I intend to start my PR application as a common law partner from within Canada. Right now I have a visitor extension until December, and I'm trying to figure out if it's safe to leave Canada for the christmas/thanksgiving holidays to see my family and to abide by my visitor extension. My original visitor visa was issued in January, and lasted until march, but I filed for an extension until the end of December to fulfill my common law requirement and start my PR application (that extension request was accepted).
I don't own a home in the US (or Canada for that matter, the house is in my Fiance's name) but my US residence is officially in NY, living with my Mother. I have a job for a mobile game company in California, but I work there remotely from Canada. This hasn't been too much of an issue so far, and the immigration officers have told me it's perfectly fine to work for a US company remotely from Canada. I don't make enough money to support myself, but my fiance has plenty of proof that he can support me while I am in Canada.

Question time!

1. We just got engaged, so we aren't going to be married until after my visitor extension expires. I'm assuming this means I should apply as Common-Law instead of as a Spouse, correct? Will changing my name in the middle of the process be an unecessary complication? Should I just hold off on changing my name or will that hurt me when the relationship is under review for immigration? Should we just go and get a marraige licence now and apply for spousal instead, despite that being less than ideal?

2. This is an important one... Would leaving Canada (even for a few days) disrupt my PR application, assuming I apply from within Canada? Should I apply from outside of Canada instead for that very reason?

3. If I apply from outside of Canada, is it less likely they will let me stay there for an extended period? Will they even let me in at all? I realize the processing times are quicker, but that doesnt mattter to me if they wont let me continue to live in Canada.

3. If I have submitted my PR application and have proof of that, is it more likely that I can return to Canada after visiting the US for a couple weeks? I have been going through the immigration process legally and have been living in Canada for the past year, but I am still afraid they won't let me return to what I call my home.

3. Once I leave Canada or once my visitor extension expires, Do I have to apply for another visitor extension even if I have a PR application being processed? In other words, does having a PR application being processed give you implied status?

4. Currently the PR application seems to take about 2 years to process... Is it likely that they will they allow me to keep submitting visitor extensions for the entire 2 years? Is it risky to leave Canada for travel/vacations during that time? I can stay in Canada the entire 2 years if needed, but I am close to my family in the USA and would still like to visit for holidays or in case of medical emergencies.


If you can answer any or all of the questions it would be greatly appreciated... I need to start my application very soon and am very anxious I might do something incorrectly. It would be absolutely devastating if I was denied entry to Canada, as my work setup (my desktop PC), my pets, and most of my possesions are here. In addition to that I am planning my wedding there, so it's incredibly important that I can make it back if I decide to leave for holidays or even my honeymoon.

Thank you again for your time and information!

 

[scylla]

Apply outland. Do not apply inland - horrible choice for Americans.

 

[licorize]

Thanks for the advice Scylla, but I'm concerned that applying Outland will make it less likely for me to be able to return to Canada, or extend my stay here. I don't think I really have a valid reason for them to let me stay, other than to be with my fiance. (Is that reason enough?)

Living in the USA for a year while my application is being process isn't really an option... Going back to living with my mother would put a strain on her financially, and it would likely mean going back to a long distance relationship with my fiance (which we already did for 3 years, and is not something I'd like to go back to in the midst of getting married). I guess what I'm trying to say is, going back to the USA for an extended period would severely uproot my life and I would like to avoid it at all costs.

Working in Canada isn't important to me, and the time it takes to gain my status isn't critical either.... The number one priority is being able to remain here while i'm being processed.

 

[scylla]

You should have no issues extending your stay in Canada. As for re-entering Canada, it makes no difference if you have an outland or inland application. Having an inland application doesn't guarantee re-entry. Please don't make the huge mistake of applying inland.

 

[Rob_TO]

Thanks for the advice Scylla, but I'm concerned that applying Outland will make it less likely for me to be able to return to Canada, or extend my stay here. I don't think I really have a valid reason for them to let me stay, other than to be with my fiance. (Is that reason enough?) Living in the USA for a year while my application is being process isn't really an option... Going back to living with my mother would put a strain on her financially, and it would likely mean going back to a long distance relationship with my fiance (which we already did for 3 years, and is not something I'd like to go back to in the midst of getting married). I guess what I'm trying to say is, going back to the USA for an extended period would severely uproot my life and I would like to avoid it at all costs.

Working in Canada isn't important to me, and the time it takes to gain my status isn't critical either.... The number one priority is being able to remain here while i'm being processed.

It's usually incredibly easy for an American citizen to extend their stay as a visitor in Canada. This is regardless of if you have an outland app in progress.

Plus if you intend to leave/re-enter Canada, this is a risk with an inland app so outland is the much better choice.

 

[keesio]

OUTLAND all the way. Many Americans have stayed with their Canadian spouses in Canada while waiting for the OUTLAND application to be processed. They simply file for visitor visa extensions online while in Canada. Some have even stayed for years without issue.

 

[licorize]

Thanks for all the responses, I think I will definitely be filing Outland now. I guess all that leaves is a few other questions...

1. Should apply as Common-Law instead of as a Spouse, even though we are engaged and intend to be married in the next 9 months? Will changing my name in the middle of the process be an unnecessary complication that should be avoided, or will it hurt me when the relationship is under review by immigration? Not sure if the choice to not change my name would be viewed as not being committed or something.

2. When I apply for Outland PR, would you say it's high risk to do any traveling outside of Canada? Assuming I have all my paperwork proving I submitted an PR application, are they likely to deny me re-entry? Is there anything I can do to prevent being denied entry from happening? Obviously it's easier (and cheaper) to stay in Canada instead of constantly applying for visitor extensions, but I'd like to know what my options are. We usually drive across the border (my family is only a few hours from the border) but I've found they usually give me less hassle when we cross by air instead of land... Does any one else share this observation?

 

[keesio]

Thanks for all the responses, I think I will definitely be filing Outland now. I guess all that leaves is a few other questions...

1. Should apply as Common-Law instead of as a Spouse, even though we are engaged and intend to be married in the next 9 months? Will changing my name in the middle of the process be an unnecessary complication that should be avoided, or will it hurt me when the relationship is under review by immigration? Not sure if the choice to not change my name would be viewed as not being committed or something.

2. When I apply for Outland PR, would you say it's high risk to do any traveling outside of Canada? Assuming I have all my paperwork proving I submitted an PR application, are they likely to deny me re-entry? Is there anything I can do to prevent being denied entry from happening? Obviously it's easier (and cheaper) to stay in Canada instead of constantly applying for visitor extensions, but I'd like to know what my options are. We usually drive across the border (my family is only a few hours from the border) but I've found they usually give me less hassle when we cross by air instead of land... Does any one else share this observation?

1) if you were planning on getting married soon (like in less than 3 months) then I would recommend getting married first and then applying. I say this because it is a bit easier since common-law couples have to provide extra proof that they have indeed common-law status while a married couple just needs to show their marriage certificate. But if you are not getting married soon, then go ahead with common-law sponsorship to get the process started. If you get married during the processing, you can update IRCC. Name change is not an issue. While I sponsored my wife after we got married, she didn't get her passport updated to reflect the name change until after we sent in the application (IRCC will use the name on your passport as your official name). So we updated IRCC with a scan of her new passport with the name change and when she got PR, it was with her new married name. I called IRCC once and asked if it will be an issue and the person I was talking to say this is a very common thing they deal with so they are used to it and it is not an issue.

2) No, you shouldn't have much problems. We recommend OUTLAND to give you that flexibility to travel back to the US and come back. This is another thing CBSA officers are used to - Americans applying outland who want to visit their spouse during processing. As long as you don't abuse the rule (show up with a U-Haul at the border with all your stuff like you are moving to Canada), it should be fine.

 

[licorize]

Thank you Keesio! Glad to hear it's not a huge inconvenience to update everything as it happens. We don't plan on getting married for another 8-9 months, so I'll go ahead and apply as Common Law.
I don't think I'll be "abusing this rule" in that regard (I didn't have a lot of stuff to move, and it's already here) but I have been here for the past year, so I have been "living" in Canada. There seems to be such a blurry line between what a "visit" is and what "living" is. Is it okay that my intention is to "visit" Canada for over 95% of the next year so I can be with my Fiance? Obviously I probably shouldn't lead with that statement when crossing the border but I don't intend to lie if asked about it. I just don't want to have these high expectations if it's probably not going to happen that way, so we can plan accordingly or just avoid leaving Canada altogether. I've had wonderful experiences so far with extending my stay, but some pretty awful ones with attempting to cross the border, so that's why I'm being a little paranoid about this.

 

[keesio]

Sounds like you know the whole "living" vs "visiting" thing and the importance it to CBSA. That is good. Yes, it is ok to tell CBSA that you would like to spend some time "visiting" your fiancee while you wait for your outland sponsorship to finish. I think the main thing CBSA wants to hear is that you fully understand that you will only have visitor status in Canada and nothing more. As mentioned, CBSA is quite familiar with couples in your situation. Sometimes they will recommend you get a visitor record but I don't think that is common.

 

[waipm2000]

My PNP Paperbase PR is in Process AOR July 09, Waiting for Medical Request but planning to visit my home country for a couple of months. if I get medical request after i leave Canada. Can i do my medical in my home country and upload online please Advise? and can i leave Canada for a couple of months?

Thanks