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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship
I’m a U.S. citizen (currently living in the USA) and been romantically in a long distance relationship with a Canadian citizen (currently living in Canada) for some years now. Last year, we shared three separate trips together (I visited her twice for a few weeks in Canada; she visited me for a week in the USA). We are now to the point where we want to live together and be married within my 6th month visit to her in Canada.
Our question is whether I would be able to extend my stay legally past the 6 months, as I pursue her family sponsorship to become a permanent resident. Also, can I apply for a work permit as well? Or, will I have to leave Canada after six months?
Any information would be greatly appreciated.
Pthfndr said:
I’m a U.S. citizen (currently living in the USA) and been romantically in a long distance relationship with a Canadian citizen (currently living in Canada) for some years now. Last year, we shared three separate trips together (I visited her twice for a few weeks in Canada; she visited me for a week in the USA). We are now to the point where we want to live together and be married within my 6th month visit to her in Canada.
Our question is whether I would be able to extend my stay legally past the 6 months, as I pursue her family sponsorship to become a permanent resident. Also, can I apply for a work permit as well? Or, will I have to leave Canada after six months?
Any information would be greatly appreciated.
So by the sounds of it, you plan to enter Canada on a normal visitors visa, then marry your girlfriend, then apply for (I assume) inland spousal sponsorship once you are married and want to remain in Canada with your then wife while this is processed.
All of this sounds fine, but you will need proof of strong ties to the US when doing your first 'visit' - if you mention you are going to marry your gf, then CBSA will be looking for proof of your intent to return or strong ties back to the USA. Once you are admitted on a visitors visa and married, you can apply for spousal sponsorship. This will likely take between 6 - 12 months to process.
Yes, you can apply to extend your visitors visa past the initial six months online and under 'dual intent' (see link below). CBSA may extend another 3 or 6 months, at their discretion.
Dual intent stuff here:
http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent
it is not recommended for US citizens to apply "inland". you can enter canada as a visitor and apply "outland" and apply to extend your stay as a visitor without issue. US outland applicants are consistently being approved in 6 months or less. Right now Aug/Sept 2016 applicants are getting approval papers. Inland applicants will be waiting AT LEAST 12 months (per IRCC's current standards) and probably closer to 16-24 months (per the current trends seen on this forum - there are still 2015 applicants still waiting).
There's no point of a US citizen applying inland so they can get an OWP in about 4 months time when they can be approved in 6 months and legally allowed to work as soon as they land.
When you cross the border, it is important to use the right language. Do NOT say you are trying to "move to" or "live in" canada. until you are approved for PR, you are not allowed to. All you need to say is you are there to "visit" your spouse. you will want to be prepared to show proof of your ties to the us (housing/job related paperwork). It may not be necessary to show these items, but having them will show CBSA you understand the rules and are not attempting to live/work in Canada until approved to do so.
It is not guaranteed you'll receive a 6mo. entry when you try to enter. how long they give you is at the discretion of the CBSA agent, and they can certainly limit your stay. Regardless of how long you are allowed to enter for, once you're in it's quite simple to extend your stay as a visitor by applying for an extension online. you will not need to leave or go to the border.
Again, i highly recommend NOT applying inland so you can get an OWP. As a US citizen, there is no need to. You want to be applying "outside of canada" while you are there as a visitor.
If you apply inland and are refused, you can't appeal. Apply Outland and you can.
I was US and traveled back and forth for years. We got married while on a three week visit, I went back to US and we applied for my PR.
A few weeks after mailing my application, I was able to visit my husband for six months. At the airport I was sent to secondary questioning. I was upfront about my lengthy visit and told them I had a house and pets in the US and a house/pet sitter they could call if they wanted to. The officer was kind and only took a few minutes to agree to approve my six months. He even told me to apply for a longer stay in five months if I wanted to.
The line To be interviewed was only three people in front of me but I was in line 45 minutes because some lady was clearly being deceitful about her visit..I could hear her. So she held up the line. I am telling you this so if you fly, be sure to allow time between flights for delays.
I mailed my application for PR in October and got COPR in March. So I was still visiting my husband when the approval came. I had a return flight in May, so we bought my husband a ticket to fly back with me. Then we got the cats, my car and put the house up for sale and drove to Couttes to land and on to my husbands house in Canada.
The realtor handled everything, including arranging packing the house contents and donating it all. The a cleaning service, carpet cleaners, photography of the house, listing it, and we did the closing two months later by using a notary here and title company there.
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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship