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Questions about Extensions, Implied Status and Common Law

licorize

Member
Jul 27, 2015
15
0
So far I've been trying to navigate my immigration process alone but have run into some issues and questions along the way. I've been back and forth between US and Canada for the past 6 months and its getting harder to do so recently. I'm in Canada now with a visitor record which expires in March. What i'm trying to figure out now is, what's the easiest and best way to stay in Canada legally for another 6-7 months, and after that do i have to continue staying in Canada? I'll explain the entire situation below, but if you like you can just jump to the questions.

Currently I'm an American and my boyfriend is Canadian (and in Ontario) and we have been dating for 4 years, most of which has been long distance. I am 23, just graduated college in June, and currently work for an American game company remotely from home. So far I haven't had a problem working for them while in Canada, because it's online work for a company based in USA, and I am paid in USD to my US bank account. My boyfriend is a portfolio manager and should have no problem qualifying to sponsoring me in this process.
Back in August (2015) he bought a house, I finished my degree and we decided to finally start living together. Our plan was to apply for an extension, so we can live together for 1 year and then apply as common law partners so I can get PR. However after applying for the extension (This happened in September) I didn't realize that leaving Canada to visit my Dad for Thanksgiving gives up my implied status and possibly invalidates my current extension application (?). Regardless, I got through no problem and intended to leave again for Christmas. Coming back that time was where the hassle began, but I got through and got a visitor record that lasts till March (2016). My old September application still has no response, and I'm not sure we will get a response before my visitor pass expires. I am considering applying for a new one so that I can stay in Canada on implied status, until I can qualify for common law and start that application. So here are my questions so far...

1. Can I apply for another extension? I assume because I left Canada, my application will be denied anyways. Should I cancel the old one or just submit a new one in addition?

2. If I apply for an extension, I will have the ability to stay in Canada while they decide (Implied status) regardless of when my current visitor record expires?

3. If I don't get my extension, Could taking a few classes at the local college get me a study visa long enough to qualify and start common law application?

4. Once I start the Common Law/Spousal application do I receive implied status during that ordeal as well?

5. Can I start my Common Law/Spousal application now? We have only lived together for 6 months, but the application processing times are up to 25 months.... We will definitely qualify by the time they get back to us, right? If not, how early can we start this process, or should we just wait until it's officially been 1 year?

6. Is there any way I can leave Canada temporarily and not break my implied status? Say if a family member is in the hospital or sick, etc. I'm especially concerned with the long wait after submitting my common law/spousal application.

7. Does having a spousal/common law application submitted/being processed make it easier to come back if I needed to leave? Or is the application void if I leave?

8. Would any of this be different if we get engaged/married, or would leaving Canada and staying in Canada still be as hard?

9. Currently we just have some mail addressed to me and a joint bank account to prove when I moved in with him, is this enough? He owns his home, so there's no 'lease' i can be put on for more "proof"...is there any other way we can prove it's been a year?

10. When I get to this point... should I apply Outland from the USA, or Inland from Canada? Work isn't an issue, since i'm able to continue my job while in Canada... but will I still be able to stay in Canada if i apply Outland?

 

scylla

VIP Member
Jun 8, 2010
93,612
20,918
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You should post your questions to the Family Sponsorship section of the forum.
 

licorize

Member
Jul 27, 2015
15
0
Will do! Sorry, I was thinking it might be too all over the place to post there!

New post is here, feel free to delete this one.

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