PR confusion

[sarah0315]

I've been researching online for months and haven't really found a solid answer to some of my questions. So I thought I'd give forums a shot.

I've actually got multiple questions. I've contacted people from immigration on the phone, in the airport, and even online. Seems like sometimes one will say one thing, and another person will say something else. Anyways, here are my questions.

For PR status - common law (since that's all I would qualify for) I would have had to live with my partner in his home, for a year (according to paper work) We've known each other longer than that, but haven't lived together for a year. Only 9 months. So I can't apply for that yet right?

But I read some post's and they say apply for it. But, I haven't lived with him for a year therefor I wouldn't qualify. I recently sent in an application to extend my stay as a visitor. Which brings up multiple other questions (so very sorry I just want some answers).

I called a number for immigration, and the recording says (and person I talked to afterwards) I can stay in Canada even though by the time I would get a reply from immigration, my TRV will be expired. Can I get in trouble for staying even though this will happen? I will gladly leave if I can't stay during the process, but I just want to make sure it's ok. No funny business here. But if I have to leave before the process is over, I would just have to restart it all over again. Thus making the first application pointless.

I also read a forum post stating that if you are a TRV holder, you need to let immigration know on the application that you are purely visiting, but I'm not. And I put on the application that I just need 3 more months after my TRV expires to qualify for common law PR. I'm sorry I'm just quite confused. So I unfortunately read that AFTER I sent my application for a visitor extension in. Will writing that cause it to be denied?

So to sum it up.

1.Can I stay in Canada while my Temp Res. extension application is being processed? Even if my TRV I currently hold, will expire probably months before I get a response?

2.Should/Can I apply for common law PR now? Even though I haven't lived in his home for 1 full year, yet we've known each other for longer than that?

3. Will writing that I am wanting an extension so I have enough months to qualify for PR status on my Application cause it to be denied?

4. If my application is denied, what do I do next?
Again sorry if I anger anyone, I just want some answers, and I want to do things the right way.

 

[Leon]

1. Yes, when you have apply to have your TRV extended, you have pending status until you get an answer so you can stay until you hear from them.

2. No, you should not apply for common law until you qualify or you will be denied. You also have the option to get married, then apply.

3. It is possible. A TRV should not be granted to a person who is not intending to leave.

4. If your application gets denied, you need to get married, leave Canada and apply outland.

 

[sarah0315]

Thank you so much for the reply. I feel a lot less stressed now. About getting married, could we do that now, and then apply for spouse PR? Or since I sent the visitor extension is that not allowed?

Also, if It's not allowed, do you suggest getting married here? Or getting married back in the states and then apply for Spouse PR?

 

[Leon]

You can at any time get married and apply for spouse PR. You could send a new visitor extension with your spousal application and ask them to disregard the first one.

It does not really matter where you get married. Just keep in mind that in the US, if somebody (your spouse) is coming there to get married, they are supposed to have a fiance visa. If US immigration figures out they are going there to get married without a fiance visa, they can deny them entry. You can still do it. The spouse just can not mention marriage to the border guards or have any marriage items on him. A guy I know got caught because he had wedding invitations in his luggage.

 

[sarah0315]

If we send in the new app if we are married, will they disregard the first one automatically? Or would we have to phone in, or something. Also, would it be...I can't really think of a fitting word for this...Suspicious? Since I sent in the extension for visitor status, and you have to convince the officer you are purely temporary, but then I get married and apply again and send in a spouse PR application? Will they look at that as a bad thing and deny me yet again?

 

[Leon]

Well, I wouldn't say you did a good job of convincing them you were purely temporary when you filled out a TRV extension stating your reason for staying was to gain 3 months to apply for PR as a common law

I don't really think it matters that much but of course you can always say you changed your mind and decided to get married sooner. You can call CIC and ask them if you want.

 

[sarah0315]

True but if that is the case for TRV, how come so many people apply for a TRV extension and PR at the same time? It just doesn't make any sense to me :S

Another thing I was thinking, but trust me it was not my intention, it's just how the time added up. I visited once before for 3 months, left on time because my TRV expired, then came back a few months later on a 6 month TRV. But after my TRV extension is processed, being on implied status I would meet the requirements for Common Law PR.

Could another option be to cancel the application asap, get married and then apply for extension and PR spouse stating that I have the PR application pending?