We have a dilemma

[Line.a]

So today I'm off to the registry to declare our common-law marriage. We've been so since June this year. My worries and doubts are though: I'm on a work visa that ends in February 2013 and I'm not sure whether we shall apply for pr inland or Outland? I'd greatly like to stay with him than having to go home. How can we prevent that?

 

[Sweden]

So today I'm off to the registry to declare our common-law marriage. We've been so since June this year. My worries and doubts are though: I'm on a work visa that ends in February 2013 and I'm not sure whether we shall apply for pr inland or Outland? I'd greatly like to stay with him than having to go home. How can we prevent that?

hey Line.a,

If you are from a visa exempt country, processing outland is probably the best for you, as it is faster than inland... especially if you are going through London VO. Average time for now is 3 months first stage, and 8 months second stage, but some are done faster...

So one option for you is to apply now for outland, and you can stay in the country in the meantime. If you apply now, you will have the sponsorship approval in 3 months normally. Then the file is transferred to London and your PR should come through probably if all goes well somewhere around april may 2013.... so when you work permit finishes, you could stay as a tourist in the country and wait for the PR to come through. You can apply outland even if you are living in Canada, that's no problem.

the only problem is that if you apply outland, and you are called for an interview, you will have to travel to england. But - if your relationship is straightforward ( same age, no former mariage, same cultural background etc), then it is quite rare... depending on your situation, that's difficult to say.

Good luck,
Sweden

 

[Line.a]

Thank you so much. Would it be easier to convince them to get back into the country after 1st stage approval? Because I've been "friendly warned" for visiting too much before I obtained my work permit. Another thing is can I work after a certain period or am I strictly going to be on a tourist visa?

By that do you recommend I go to the states and back or apply for an extension?

 

[Sweden]

Thank you so much. Would it be easier to convince them to get back into the country after 1st stage approval? Because I've been "friendly warned" for visiting too much before I obtained my work permit. Another thing is can I work after a certain period or am I strictly going to be on a tourist visa?

By that do you recommend I go to the states and back or apply for an extension?

If you are applying outland, you can not work until your PR has been issued, so you have to be on a strictly tourist visa ( no health care, no work etc) - so make sure that you plan for that, together with your partner. If you apply inland, you will be able to work after the approval of the first stage, but it currently takes 11 months, so if you apply outland you will already have your PR issued by then - so no advantage for you to apply inland.

From what I understood, it is much easier to get a visitor record once the first stage is approved. You have to ask for "dual intent" at the border - there is a whole explanation on that if you search for those words in the forum. You also have to "use the right word" - say that you are visiting, that you will leave the country if your PR is not issued when your visa is up, etc. But you should bring with you the copy of the first stage approval, and explain that you intend to wait out the rest of the PR process in Canada, but you are aware that you can not work etc. It is always up to the border officer to let you in or not, but it seems like very few people get denied if you have already the first stage approved. (I'm moving to Canada in October, and so far I only have the first part approved, and I intend to wait in Canada. Some applicants on the forum went through the border with luggages, dogs etc, and were let in).

AS you are already in the country, you might be able to apply for a change of status online, but I am not sure - maybe a more experienced member on the forum will advise on that.

Good luck,
Sweden

 

[Line.a]

I really appreciate your help! I might inbox you in the near future if you don't mind because there are a few things such as paying fees and proof we are a little unsure about (that's if you don't mind) we have same background pretty much he's German/Scottish canadian and I'm Danish! So that's good. Yes I'm gonna print screen your advise so when the time comes I'll prepare for that, so once again thank you. And good luck with yours as well. It's tough dealing with being apart. Done it and I'd rather it didn't happen again

 

[Sweden]

you're welcome to contact me anytime - just send me a message to my inbox and if I can help, I will...
there is lots of threads on this forum and it can get a bit confusing...
you might want to look at this one http://www.canadavisa.com/canada-immigration-discussion-board/extending-visitor-status-online-or-reenter-canada-t116433.0.html about extending status - it's a bit different than your case, but not that much probably...

Same background is easy, and as long as you prepare your application well, you will be fine - there are very few applicants from Europe that get denied as the living standards are pretty similar between Canada and Europe (and even more between Canada and Denmark - I currently work in Dk, so I can see that!), and you have nothing to "gain" from emigrating to Canada, so your "reasons" are not at stake - it's just a matter of proving your relationship, and proving that you will move to Canada - which will be easy in your case since you already are in Canada with your boyfriend, and already settled.

So - you'll be fine!
Don't hesitate to contact me for questions!
Good luck,
Sweden