paolob99

Hello,

I have been in Canada since April this year, and I have applied via post for a VISA extension until April 2014.

I am currently engaged, and living with my girlfriend who is Canadian. I am British.

Something has cropped up in the UK that I could do with going back for, just for a week.

My Tourist VISA in my Passport expires on 9th October. If possible, I would fly back next week and return to Canada before 9th October.

From 9th October onwards, I will be on Implied Status until the Immigration Service reaches a decision, which may be approximately two and a half months away.

Would I be taking a stupid risk in going home next week, the risk being not being able to get back into Canada?

I have a joint tenancy with my girlfriend, and my dog is here.

Thanks for any advice that anyone could give

Former Lancastrian

If you have applied to extend your stay and you now leave Canada you do risk not being allowed back into Canada. Nobody can give you a 100% answer even me being a BSO as its the examining officer who will decide. Even having a Canadian girlfriend is no guarantee you will be readmitted as you have been here 6 months and now wanting to re-enter again after such a short period away. Im assuming you are wanting the extension so you can fulfill the 12 month cohabitation for common law sponsorship. What funds do you have to support yourself? Are you employed in the UK and own property. Just by reading your post it appears your intention is to live here.
Your choice in the end.

paolob99

If you have applied to extend your stay and you now leave Canada you do risk not being allowed back into Canada. Nobody can give you a 100% answer even me being a BSO as its the examining officer who will decide. Even having a Canadian girlfriend is no guarantee you will be readmitted as you have been here 6 months and now wanting to re-enter again after such a short period away. Im assuming you are wanting the extension so you can fulfill the 12 month cohabitation for common law sponsorship. What funds do you have to support yourself? Are you employed in the UK and own property. Just by reading your post it appears your intention is to live here.
Your choice in the end.

Hello Former Lancastrian and thanks for the reply.
I am wanting the extension, just to buy time regarding Spousal Sponsorship. I envisage the forms being arduous and complicated and requiring lots of information, so I have only asked for an extension until April, which will have meant I have been in Canada for one year.

My girlfriend and I are now engaged, and our plans are to marry. I would not mind settling in Canada in the short term, but we have agreed that we will return to the UK relatively soon to live, but that would be in a few years. If we are together, it would be nice to have the luxury of both having the appropriate Visa to live and work both in the UK and Canada.

I have not opened the pandora's box that is Spousal Sponsorship yet, so I don't really know what's involved. I am not even sure if I can apply for this from Canada, or whether it is my girlfriend (or wife to be) that applies. I guess I will have lots of reading to do, as I don't know how long the process takes, what costs are involved and how long it takes to get permission to work in Canada, or whether there are variations from province to province (I am in BC)

From the information that you have kindly provided, I think I will be staying put as the risks of being apart are too great.

SchnookoLoly

For applying fr sponsorship, you can apply either after you've been living together, unbroken, for 12 months, or after you are married, whichever you prefer. (My now-husband and I applied as common-law 4 months before we were due to get married so that we could get the process started.)

IN terms of timing, you'll need 2-3 months to put the application together - you are correct that it's a slightly arduous process, a lot of paperwork, a lot of just gathering a lot of stuff together.

Once you apply, most straight-forward applications filed outland via London (no complicated matters - dependents, divorces, criminal histories, "standard" relationship stuff etc) take about 6 months. There's a spreadsheet linked in my signature that shows people's timelines, so that should give you an idea. Average processing time is 6 months right now (from your application arriving in Mississauga to it being approved).

I'm a bit confused about what your plans are in terms of living in a particular country - you say you are going to live in the UK in the short term, but not for "a few years", so I'm not sure what your plan is. Does this mean that you are going to move to the UK once your tourist visa is up in April, or does it mean you want to stay in Canada past April?

If you are going to move to the UK in April, then it might be easier to just apply once you're married, knowing that are you aren't in a rush to get your PR for Canada before your visitor visa is up. If you want to stay in Canada past April, though, you probably need to have your application filed in the next 6ish weeks at the most (and that will be cutting it fine). It should be just about doable to get your application together that quickly, but you will seriously need to get a move on.

If you can post what your actual living plan is, it might help to give some slightly better or more accurate advice...