Vanessa

Hello,

My South African fiance came here on a mulitple entry visitor's visa
in December of 2003. After renewing the visa by crossing the border we
were granted another 6 months. We then applied for an extension and
were open and honest about why we were applying. We said that we were
working toward the one year co-habitiation date for a common-law visa.
We told them that we were hoping to have a formal wedding and would
like to wait until we could afford to have both families together. We
were granted the 6 months. In January of 2004 we sent away our
application for a common-law visa. I have since learned that this
takes over a year. Because we have an application in-progess do we
need to attempt to renew our visitor's visa again? Could we be
considered in the clear because our application is undecided thus far?

My second question is if we are considered a legitimate common-law
couple even though he is on a visitor's visa? I feel that our
application gives sufficient proof of an on-going relationship over a
six year period. I have no doubt that they will consider us an
authentic couple.
Do I have reason to be concerned?

Thank you in advance for your help.

Sincerely yours,

Vanessa

Andrew Miller

First - you were lucky getting another extension for reasons claimed. But it
just proves that honesty usually pays off.

And yes, he must keep his status valid at all time until PR is granted -
thus he must apply for another extensions of visitor status during the
entire process.

Second - I know nothing about details of your relationship. But 12 months of
cohabitation in conjugal relationship is all you need to meet definition of
common-law. Just remember that as with marriage the burden of proof is on
you to conclusively document that it is a bona fide relationship, not just a
relationship for the purpose of immigration. If you have proven that and you
already met the definition of common-law then you have nothing to worry.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Vanessa" <[email protected]> wrote in message
news:[email protected]...
    > Hello,
    > My South African fiance came here on a mulitple entry visitor's visa
    > in December of 2003. After renewing the visa by crossing the border we
    > were granted another 6 months. We then applied for an extension and
    > were open and honest about why we were applying. We said that we were
    > working toward the one year co-habitiation date for a common-law visa.
    > We told them that we were hoping to have a formal wedding and would
    > like to wait until we could afford to have both families together. We
    > were granted the 6 months. In January of 2004 we sent away our
    > application for a common-law visa. I have since learned that this
    > takes over a year. Because we have an application in-progess do we
    > need to attempt to renew our visitor's visa again? Could we be
    > considered in the clear because our application is undecided thus far?
    > My second question is if we are considered a legitimate common-law
    > couple even though he is on a visitor's visa? I feel that our
    > application gives sufficient proof of an on-going relationship over a
    > six year period. I have no doubt that they will consider us an
    > authentic couple.
    > Do I have reason to be concerned?
    > Thank you in advance for your help.
    > Sincerely yours,
    > Vanessa