Starting our lives together in Canada

[Btremblay]

Hi,

I'm 22 years old and my 21 girlfriend is set to fly into Canada soon. She has a return flight and is only supposed to be here for 1 month. Our plan is to get married and cancel her return flight and then start and inland sponsorship. She was previously in Canada for 3 months from May-July.

Does she have to apply for an extended visitor visa in order to stay in Canada while the sponsorship application goes through? We will be living together while she is here and I am going to financially support her.
My understand is that American's can only stay in Canada for 6 months out of a year.

Any help or clarification is appreciated.

Thanks

 

[Btremblay]

Or is there a way to apply for outland while she is in Canada?

 

[k.h.p.]

If she's admitted to the country for the full six months (she should be) and you get married and submit an inland application before the six months is up (ie, you get the marriage certificate and police certificate and everything and submit it), then technically you don't necessarily need to extend a visitors admission to the country. Your girlfriend would benefit from implied status while the application is processing.

However, if she has any need to leave the country and return, or if you are delayed in putting together the application paperwork, you do need to extend the status until you have the paperwork in. You do this in case the paperwork is returned for any reason - as she'd lose implied status once it were returned.

 

[k.h.p.]

Or is there a way to apply for outland while she is in Canada?

You can apply out land while she is in Canada, yes, but she would need to return to the US for biometrics and any interviews.

 

[Btremblay]

If she's admitted to the country for the full six months (she should be) and you get married and submit an inland application before the six months is up (ie, you get the marriage certificate and police certificate and everything and submit it), then technically you don't necessarily need to extend a visitors admission to the country. Your girlfriend would benefit from implied status while the application is processing.

However, if she has any need to leave the country and return, or if you are delayed in putting together the application paperwork, you do need to extend the status until you have the paperwork in. You do this in case the paperwork is returned for any reason - as she'd lose implied status once it were returned.

From the sounds of it, it sounds like Inland is the best route for us to take considering our circumstances. I appreciate the response

 

[canuck_in_uk]

If she's admitted to the country for the full six months (she should be) and you get married and submit an inland application before the six months is up (ie, you get the marriage certificate and police certificate and everything and submit it), then technically you don't necessarily need to extend a visitors admission to the country. Your girlfriend would benefit from implied status while the application is processing.

However, if she has any need to leave the country and return, or if you are delayed in putting together the application paperwork, you do need to extend the status until you have the paperwork in. You do this in case the paperwork is returned for any reason - as she'd lose implied status once it were returned.

To clarify, applying inland does not grant status. Applying for an OWP along with the inland app is what grants status.

 

[k.h.p.]

To clarify, applying inland does not grant status. Applying for an OWP along with the inland app is what grants status.

Sorry, yes, that's my mistake. I should have clarified that.

 

[Jets13]

From the sounds of it, it sounds like Inland is the best route for us to take considering our circumstances. I appreciate the response

just be aware that then she will have to stay in Canada, she would not be able to leave for any extended period of time.

 

[Btremblay]

To clarify, applying inland does not grant status. Applying for an OWP along with the inland app is what grants status.

Thanks for the clarification. Is there any reason why she would get denied an OWP? Just want to make sure just so we are prepared for everything.

 

[k.h.p.]

Thanks for the clarification. Is there any reason why she would get denied an OWP? Just want to make sure just so we are prepared for everything.

Failing to pay the fees is the most common reason - you need to pay two work permit fees, the total is roughly $220. Sometimes people only pay one fee.

The other is not providing the paperwork. Since it's duplicative of the PR app, some people don't provide copies.

Another is being out of status when you apply for the OWP. This is where extensions come in; if you're applying close to the end of the three months, and if your paperwork is returned for something like a missing signature, you lose status when the application is returned and then you have to apply for a restoration to be in status while the OWP is reviewed.

 

[k.h.p.]

just be aware that then she will have to stay in Canada, she would not be able to leave for any extended period of time.

Yes. Inland applications require the applicant to be in Canada. Short trips (1-2 weeks) seem to be allowed, but that's about it.

 

[Btremblay]

Failing to pay the fees is the most common reason - you need to pay two work permit fees, the total is roughly $220. Sometimes people only pay one fee.

The other is not providing the paperwork. Since it's duplicative of the PR app, some people don't provide copies.

Another is being out of status when you apply for the OWP. This is where extensions come in; if you're applying close to the end of the three months, and if your paperwork is returned for something like a missing signature, you lose status when the application is returned and then you have to apply for a restoration to be in status while the OWP is reviewed.

Okay that clears things up for sure. I guess we will have to be super careful when filling out the paper work to ensure nothing is missed. Thanks

 

[canuck78]

Okay that clears things up for sure. I guess we will have to be super careful when filling out the paper work to ensure nothing is missed. Thanks

If you haven’t received AOR would suggest you extend visitor status if your wife remained in Canada. If you explain you are applying for PR it should be approved.