Visitor Visa Extension for US Citizen + Questions about Common-Law PR

[BrookeTravels]

Hey everyone!

I’ve spend the last few months browsing around, reading, and learning about immigration thanks to these forums. I’ve not yet found the answer to some questions that relate to my personal case, so I’m hoping some of you friendly folks can assist me as my fiancé and I work towards PR Status.

My Background:

I am American, my partner/fiancé is Canadian.

My partner and I have been in a long distance relations between the US/Canada since 2014. We were strictly long distance, besides her taking a week off to see me once… later in 2015, she decided to come visit me for 4 months from May-September 2015. After that stay in California, we both decided to go to Canada and give me a chance to check out things up here, and to give us some more time to enjoy being together. After a few months, things got serious between us, and here we are engaged and hoping for some answers to ease our immigrations stress!

We are engaged, and looking to get married in the next 2 years, we don’t want to rush marriage just for the PR application ... and our family lives all over the place, so it’ll be an undertaking. However, in the meantime, we realize we have a potential immigration solution. We want to stay together in Canada. We want to apply for my PR Sponsor Status as Common Law once we have lived together in Canada for the full 12 months required. (I imagine the 4 months in the USA will not count, i’m not counting on it.)

Anyway… long story short… my 6 month Visitor Visa ends March 8th… so no matter what, we are not going to be common law before that time. I’ve been so stressed, loosing sleep, terrified that I’ll have to go back to the USA, and we will not be able to stay together in order to gain our 12 month Common Law status to apply for my PR. (I promise, I promise to apply OUTBOUND!) We could potentially be common-law in September.

We have been living together since she came to visit me in the USA in May, not one day apart. We currently have a lease in BOTH our names, that goes back to the day after I arrived in Canada in September.

Oh….. and lets add this absolutely garbage and insane wrench…. My domestic partnership separation order from my previous relationship in California has been held up in court for well OVER A YEAR. I am hopeful the case will be complete in the next few months, but that is why I’m fairly certain we cannot get married immediately. I need that judgement paperwork from the California courts to be legally ‘single’, even though I was never formerly married… I was in a ‘Domestic Partnership’ in California. I don’t even have one clue how that equivalent works in Canada, or if we could get quickly married to help keep me here with a loophole of sorts… but I don’t want to risk it! *shakes head and bangs in against the wall*

So… on that note!

My Questions:

- Is the FORM IMM5708E what I need to fill out in order to request a visitors extension?

- Would you recommend I ask for an entire year? My partner is working and paying all our bills right now… she agrees to write a support letter if it’ll help with my extension. I’m currently receiving a monthly alimony check from my Ex as well for financial support, to help support me, but as my case isn’t final, I don’t want to include any of that with any application at this point in time.

- Those of you who have applied for this visitor status extension, did you do it online? or did you mail in papers? Did it take the 8 days (online?) it says on the website, or the 132 days (paper extension)?!?! Seriously - I have no idea how long an extension will take to process… the CIC website is ridiculously hard to understand.

**ALSO IMPORTANT: I drove here in my California vehicle… and I’m having trouble figuring out what that means if I extend my Visitor status beyond 6 months? Can I still drive the car? I understand you can only drive a foreign car for 6 months, and your out of country license is only good for 6 months? Also… it’s a lease… so I can’t import in until next April if I decide to buy it. *sigh*

That’s enough to get us all started! Thanks for reading and for your assistance! 8)

 

[Aquakitty]

The 4 months in the USA would only count if they are consecutive to the current living arrangement (little or no break in between, which it sounds like it might have been in your case) and of course, if you can provide proof of the 4 months.

1) Yes that's the correct form. You can do this online from here: http://www.cic.gc.ca/english/information/applications/visitor.asp
Since it expires in March, apply in February.

2) Yes you can ask for a year.

3) Online is the best way, it takes that long unfortunately. As long as you submit the form before your current status expires, you will be under implied status.

4) I think it depends on your province, but here in BC once you get your new visitor record you can apply for an interim license. You'll need a driving record if your license doesn't show the date you started driving, or that date is less than 2 years ago. It differs though depending on your province.

 

[BrookeTravels]

The 4 months in the USA would only count if they are consecutive to the current living arrangement (little or no break in between, which it sounds like it might have been in your case) and of course, if you can provide proof of the 4 months.

1) Yes that's the correct form. You can do this online from here:
Since it expires in March, apply in February.

2) Yes you can ask for a year.

3) Online is the best way, it takes that long unfortunately. As long as you submit the form before your current status expires, you will be under implied status.

4) I think it depends on your province, but here in BC once you get your new visitor record you can apply for an interim license. You'll need a driving record if your license doesn't show the date you started driving, or that date is less than 2 years ago. It differs though depending on your province.

Sincere thanks for replying and helping me sort through the process better. I guess it's time to start gathering my evidence of our relationship, especially for those 4 months in California... I was the only one on the lease, so I'm not sure how to go about proving those 4 months were us living together every day.

Another question:

If we decide to get married while I am under 'implied status' for my visitor extension (since you seem to think it'll be close to the 132 days to process...), can we file our PR Application?? Or do I have to wait for a decision on the visitors visa extension first?

And.... one more?

If we apply for PR under Common-Law first, but are financially able to get married later during the PR application process... do we have to re-file our Application as Married?? or is that not a problem? I'll be changing my last name, so that's another beast in itself I imagine.

Thanks again!

 

[canuck_in_uk]

If we decide to get married while I am under 'implied status' for my visitor extension (since you seem to think it'll be close to the 132 days to process...), can we file our PR Application?? Or do I have to wait for a decision on the visitors visa extension first?

If we apply for PR under Common-Law first, but are financially able to get married later during the PR application process... do we have to re-file our Application as Married?? or is that not a problem? I'll be changing my last name, so that's another beast in itself I imagine.

The 8 days you quoted in your first post applies to TRV applications. The posted processing time for an online VISITOR EXTENSION is 133 days, while the paper app is 114 days.

You can apply for PR while on Implied Status.

No, yo don't need to re-submit your app. You just email them a copy of the marriage certificate.

If you change your name mid-process, you will need to get a new passport and send a copy to CIC to update your name.

 

[BrookeTravels]

The 8 days you quoted in your first post applies to TRV applications. The posted processing time for an online VISITOR EXTENSION is 133 days, while the paper app is 114 days.

You can apply for PR while on Implied Status.

No, yo don't need to re-submit your app. You just email them a copy of the marriage certificate.

If you change your name mid-process, you will need to get a new passport and send a copy to CIC to update your name.

Thank you! This is extraordinarily helpful! I'll update if we have any additional questions along the way.... only last thing I would want to mention is.... is there a forum/post here specifically for Visitor Visa Extentions? Just want to see if I can read about others experiences with similar ventures.

-B

 

[scylla]

Thank you! This is extraordinarily helpful! I'll update if we have any additional questions along the way.... only last thing I would want to mention is.... is there a forum/post here specifically for Visitor Visa Extentions? Just want to see if I can read about others experiences with similar ventures.

-B

There's a section of the forum for visitors in general (called "Visitors"). Most of the posts there refer to obtaining TRVs - rather than extensions.

 

[BrookeTravels]

More thoughts:

- MY PASSPORT WAS NOT STAMPED when I drove over the border... that's always worried me, because I'm afraid my visitor extension request might be denied because I don't have 'proof of entry'. I wish I had asked them to stamp it in September... could this cause issue? should I contact CIC?

- Can my partner go ahead and apply for the first part of the PR application where she is approved as a sponsor? And then in the meantime I apply for the Visitor Extension so we can stay together to achieve Common Law... and once we have achieved Common Law status to file my PR application? (We will be CL in May if our time in the USA counts! September if only time in Canada is accepted)

- At what point in this lengthy paperwork process am I able to be added to my partners health insurance policy? I currently have no coverage at all...


Thanks again!

 

[Gemmie]

My husbands passport was not stamped, and we just put the date he entered Canada. It was not a problem.
It takes about 4 months for the paperwork to come back. We asked for a year and got a years extension.

Outland is almost always the way to go for US citizens applying for permanent residence. Even if your staying in Canada at the time and
during the processing of your application. It is much faster.

I believe the whole application has to be together, sponsors and principle applicants. Maybe if this is not the case someone else will chime in .

I would look into getting private health insurance while you stay in Canada until you are eligible for health care, its taking around 8 months for US
applicants to be process currently, still not entirely sure if there is a waiting period after you land if you have stayed here while app is processed. At the CIC office
this week when my husband landed, they seemed to think because my husband was here for a year already he would be eligible for OHIP right away, but we have not had the
chance to get to the service Ontario to find out.

 

[canuck_in_uk]

- MY PASSPORT WAS NOT STAMPED when I drove over the border...

- Can my partner go ahead and apply for the first part of the PR application where she is approved as a sponsor? And then in the meantime I apply for the Visitor Extension so we can stay together to achieve Common Law... and once we have achieved Common Law status to file my PR application? (We will be CL in May if our time in the USA counts! September if only time in Canada is accepted)

- At what point in this lengthy paperwork process am I able to be added to my partners health insurance policy? I currently have no coverage at all...

It doesn't matter that your passport wasn't stamped. Many visa-exempt people, especially Americans, don't get there passports stamped. Your entry was still recorded in the system.

No, your partner cannot apply for the first part. The entire application must be submitted together AND you cannot apply until after you actually become common-law. Your time in the USA counts, provided you can prove you were living together.

What province are you in? You should expect that you will not be able to get health coverage until you are a PR, possibly even a few months after that depending on your province. As said above, you should really look into have some private insurance; note that this will be emergency coverage and will not cover regular doctor visits and such. You will need to pay for anything like that yourself.

 

[BrookeTravels]

My husbands passport was not stamped, and we just put the date he entered Canada. It was not a problem.
It takes about 4 months for the paperwork to come back. We asked for a year and got a years extension.

Outland is almost always the way to go for US citizens applying for permanent residence. Even if your staying in Canada at the time and
during the processing of your application. It is much faster.

I believe the whole application has to be together, sponsors and principle applicants. Maybe if this is not the case someone else will chime in .

I would look into getting private health insurance while you stay in Canada until you are eligible for health care, its taking around 8 months for US
applicants to be process currently, still not entirely sure if there is a waiting period after you land if you have stayed here while app is processed. At the CIC office
this week when my husband landed, they seemed to think because my husband was here for a year already he would be eligible for OHIP right away, but we have not had the
chance to get to the service Ontario to find out.

Hey, thanks for the reply about your experience with the visitor extension! I have some questions about what to do for some of the information boxes on that application.

1) in box 7, they ask for a date range for your current country of residence (Canada,obviously)... a state date and and end date, so I put the date I crossed the border and the date my 6 months expires? or the end date being the date i'm submitting the extension request?

2) In the 'Details of visit to Canada' section, I assume I should still select 'tourism', even though my intention now is to receive my PR status?

3) In the next section, the 'Funds Available to Stay' - my partner is covering all expenses while we live together because I'm currently unable to work. However, I do receive alimony..... so I'm not sure how to word all that, or even if I should?

4) My employment status?? of course I'm not currently working IN Canada, but I have some website design clients that I maintain on a regular basic around the world. I hope it will be ok to put that in my work history...

maybe all that is TMI, and too much to ask...

Also, congrats on the recent 'landed' status! Speaking of, I need to familiarize myself with the names of each step of the PR process so I'm better informed when we apply in May.

Is it truly taking only 8 months to complete the entire PR application for outbound US applicants? Because if thats truly the case - I'm overjoyed! I had a 3 year timeline in my head...

Would you be so kind as to message me and discuss your personal process with me a little bit more in detail so I can make sure we start our paperwork out on the right foot?

 

[BrookeTravels]

It doesn't matter that your passport wasn't stamped. Many visa-exempt people, especially Americans, don't get there passports stamped. Your entry was still recorded in the system.

No, your partner cannot apply for the first part. The entire application must be submitted together AND you cannot apply until after you actually become common-law. Your time in the USA counts, provided you can prove you were living together.

What province are you in? You should expect that you will not be able to get health coverage until you are a PR, possibly even a few months after that depending on your province. As said above, you should really look into have some private insurance; note that this will be emergency coverage and will not cover regular doctor visits and such. You will need to pay for anything like that yourself.

Hey, thanks for the quick, direct answers to my questions. I'm residing in BC currently. My partner is employed here and they seem to be telling her that once we are common law, even though I'm American, that Shaw will cover me under her benefits. But... even then, I'm still not sure of the CIC rules and don't want to do anything that could jeopardize my status.

Ok, so it sounds like what we need to do is apply for my visitor extension in Feb, and as soon as May rolls around, apply for our PR TOGETHER as Common-Law. *thumbs up*

One questions - best way to prove we were living together for the 4 months in California? I have friends willing to write letters detailing their witness of our relationship as proof and get them notarized, is that enough?

Thanks!

 

[keesio]

One questions - best way to prove we were living together for the 4 months in California? I have friends willing to write letters detailing their witness of our relationship as proof and get them notarized, is that enough?

Thanks!

It is a start. But remember the key thing CIC wants is proof that you were living together. Make sure those letters say that your friends witnessed the two of your living together, not just in a relationship. You'll also want some more proof that you both had the same mailing address. If you both have any letters from the bank or government mail that show the same mailing address, that is even better. I think you said the lease was in both your names. If you have a copy of that lease, that is great

 

[canuck_in_uk]

Hey, thanks for the quick, direct answers to my questions. I'm residing in BC currently. My partner is employed here and they seem to be telling her that once we are common law, even though I'm American, that Shaw will cover me under her benefits. But... even then, I'm still not sure of the CIC rules and don't want to do anything that could jeopardize my status.

One questions - best way to prove we were living together for the 4 months in California? I have friends willing to write letters detailing their witness of our relationship as proof and get them notarized, is that enough?

You will not be able to get provincial coverage in BC for awhile. BC MSP states that spouses with a PR app accepted by CIC can get coverage but this is EXTREMELY hard to actually get, as most MSP staff aren't really aware of what that means. Those who have managed to get coverage have had to seriously fight for it; most lose. The majority of insurance companies (not Shaw but their insurance provider) require people to have provincial coverage first, so make sure to double check that. Also, benefits do not cover regular doctor visits either; they are an extension of provincial coverage and cover stuff like PT, dental etc. Health coverage has nothing to do with CIC and no effect on the PR app.

As said above, you will need more than just letters.

 

[Gemmie]

Hey, thanks for the reply about your experience with the visitor extension! I have some questions about what to do for some of the information boxes on that application.
1) in box 7, they ask for a date range for your current country of residence (Canada,obviously)... a state date and and end date, so I put the date I crossed the border and the date my 6 months expires? or the end date being the date i'm submitting the extension request?
2) In the 'Details of visit to Canada' section, I assume I should still select 'tourism', even though my intention now is to receive my PR status?
3) In the next section, the 'Funds Available to Stay' - my partner is covering all expenses while we live together because I'm currently unable to work. However, I do receive alimony..... so I'm not sure how to word all that, or even if I should?
4) My employment status?? of course I'm not currently working IN Canada, but I have some website design clients that I maintain on a regular basic around the world. I hope it will be ok to put that in my work history...
maybe all that is TMI, and too much to ask...
Also, congrats on the recent 'landed' status! Speaking of, I need to familiarize myself with the names of each step of the PR process so I'm better informed when we apply in May.
Is it truly taking only 8 months to complete the entire PR application for outbound US applicants? Because if thats truly the case - I'm overjoyed! I had a 3 year timeline in my head...
Would you be so kind as to message me and discuss your personal process with me a little bit more in detail so I can make sure we start our paperwork out on the right foot?

Hi, thanks we are over the moon, Yes it took less then 8 months for the entire process from application to Landing

Here is some answers to your questions

1: We put the end date of the his current visit.
2: We put tourism for his original purpose - but for this visit , we put family visit, because we were married and waiting on PR also attached letter explaining this.
3: We sent an additional letter for funds to stay portion stating that all expenses has been covered by sponsor since entering Canada and will continue to cover all expenses for the requested extension. If you have money in the bank, you can state that as well.
4: I'm not sure about this... someone else might be able to help with that specific question.. try posting just that one again

Anything else I can help with , I'll be happy to ~ ~!

 

[canuck_in_uk]

4) My employment status?? of course I'm not currently working IN Canada, but I have some website design clients that I maintain on a regular basic around the world. I hope it will be ok to put that in my work history...

Mentioning your work is fine, as long as you have no Canadian clients and are paid outside of Canada. If you do have Canadian clients, doing any work for them while you are in Canada is illegal.