Questions about Extensions, Implied Status and Common Law

[licorize]

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?

 

[MilesAway]

You should apply outland. It's much faster for Americans to do it outland, rather than inland.

3. You need to be accepted to a program and you need to prove sufficient funds. The financial requirements are quite high, as are the tuition fees for international students.
4. A PR application does not grant you implied status.
5. No. You must qualify at the time you submit your application.

7. It's not recommended that you leave the country if you applied inland, as being denied re-entry would void your application. There is no such problem with outland.
8. Getting engaged has no legal status, so that would not have an impact. Getting married would mean that you could apply immediately. You would still have to satisfy the CBSA officer at the border as usual, and you would need to maintain your status as usual.

10. As mentioned above, apply outland. You can remain in Canada as a visitor while the application is in process, so long as you maintain valid status.

 

[licorize]

10. As mentioned above, apply outland. You can remain in Canada as a visitor while the application is in process, so long as you maintain valid status.

How would I be able to remain in Canada for several months while the application is processing if I didn't have implied status? If I get my extension, that would only allow me to stay till October so I can start my application... How would I continue to stay/come back to Canada while my Outland application is being processed? Just keep filing for extensions?

 

[TracyCa64]

How would I be able to remain in Canada for several months while the application is processing if I didn't have implied status? If I get my extension, that would only allow me to stay till October so I can start my application... How would I continue to stay/come back to Canada while my Outland application is being processed? Just keep filing for extensions?

You just keep applying for extensions. You can ask for longer than 6 months. I have been in Canada for almost 2 years. I just applied for my second extension this month.

If you want to establish Common Law you need to live together for 12 months. When you apply for your extension you can list this as the reason you are applying for your extension.

 

[canuck_in_uk]

I suggest you stop going back to the US until you actually qualify as common-law and get the PR app submitted. You've already been flagged at the border and issued with a limited VR, which means that CBSA already has concerns about your presence in Canada. If you continue trying to cross back and forth, there is a good chance you will end up being denied entry and issued with a one year Exclusion Order.

Once a sponsorship app is submitted, CBSA are more lenient because they can see that the person is following the rules in immigrating properly instead of trying to live in Canada as a visitor, as you are doing now.

 

[licorize]

I suggest you stop going back to the US until you actually qualify as common-law and get the PR app submitted. You've already been flagged at the border and issued with a limited VR, which means that CBSA already has concerns about your presence in Canada. If you continue trying to cross back and forth, there is a good chance you will end up being denied entry and issued with a one year Exclusion Order.

Once a sponsorship app is submitted, CBSA are more lenient because they can see that the person is following the rules in immigrating properly instead of trying to live in Canada as a visitor, as you are doing now.

Thank you, that is exactly what I needed to know. So the plan so far is once I qualify for common law, to apply outland and continue applying for visitor extensions (or just one long one once I get my application submitted). However if one of my extensions is denied (is that probable for this situation?) Is it still likely they would let me back in if I've already started my outland application?

Also should I go ahead and submit another extension application now? I might hear back from my old one next month, but by then it's too late to file for a new one. I'm worried that because I left Canada twice after submitting the first one, it'll be automatically denied, and I would have missed my chance to apply for a new one (it has to be 30 days before your expiry date).

 

[canuck_in_uk]

Thank you, that is exactly what I needed to know. So the plan so far is once I qualify for common law, to apply outland and continue applying for visitor extensions (or just one long one once I get my application submitted). However if one of my extensions is denied (is that probable for this situation?) Is it still likely they would let me back in if I've already started my outland application?

Also should I go ahead and submit another extension application now? I might hear back from my old one next month, but by then it's too late to file for a new one. I'm worried that because I left Canada twice after submitting the first one, it'll be automatically denied, and I would have missed my chance to apply for a new one (it has to be 30 days before your expiry date).

With a PR app submitted, refusal of a visitor extension is very unlikely, provided you can show sufficient proof of finances for the extended stay.

Regarding the visitor extension, I suggest you call CIC and ask what the status of the app is. If it is refused, it's not a big deal; you still have status until March and can apply for another extension before that status expires.