Gavin Howe
In Canada, it is possible to extend a visitor visa to obtain common-law status. However, there is a risk of refusal when applying for an extension. To apply for an extension, one must provide evidence of working towards common-law status, such as joint bank accounts, lease agreements, or a common-law declaration. It is recommended to apply for a regular extension (visitor visa extension) if you are not yet considered common-law. In the United States, it is possible to extend a nonimmigrant or tourist visa by filing Form I-539, but not all nonimmigrant visa categories are eligible for an extension.
| Characteristics | Values |
|---|---|
| Countries with common-law visa extension | Canada, United States |
| Common-law visa extension requirements | Evidence of working towards common-law status, e.g., joint bank accounts, lease agreements, common-law declaration |
| Application methods | Online, postal service |
| Application timing | File to extend at least 45 days before the visa expires |
| Application fees | Form I-539 fee schedule |
| Additional documents | Original Form I-94 (Arrival/Departure Record) |
| Visa extension risks | Possible refusal, illegal status in the country |
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What You'll Learn
Common-law status extension: visitor visa requirements
If you are in a common-law relationship and your partner has a visitor visa, you may be able to extend their status while they are in the country. However, it is important to note that there is a risk of the extension request being refused.
To extend a visitor visa, you must file for an extension before the current visa expires. It is recommended to file for an extension at least 45 days before the expiration date. You will need to include your original Form I-94, which is the record of your arrival and departure dates, and pay the required fees.
When applying for an extension to obtain common-law status, you may need to provide evidence that shows you are working towards common-law status. This can include joint bank accounts, lease agreements, or a common-law declaration. It is important to note that you cannot include a common-law declaration if you are not yet considered common-law.
If you are applying for spousal sponsorship outland, you must also continue to apply for visitor extensions to maintain your legal status in the country. However, if you apply for inland spousal sponsorship and include an open work permit with the application package, you will have implied status and will not need to apply for an extension.
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Application methods: online or postal
If you're applying for an extension of your Visitor Visa as a partner on a common-law basis, you can choose to apply online or by post. Each method has specific requirements that must be met to ensure a complete application. Here is an outline of the processes for both online and postal applications:
Online Application Process:
The online application process for extending a Visitor Visa for common-law partners is typically facilitated through the official government website of the country in question. To initiate the process, you will need to create an account on the website, if you don't already have one. Once you have registered, log in and navigate to the specific visa extension application form.
As you progress through the form, you will be required to provide detailed information about your current visa status, personal details, and the nature of your relationship. Scanned copies of supporting documents, such as your current visa, passport, and evidence of your relationship, will need to be uploaded. Ensure that all documents are in the required format (e.g., PDF, JPEG) and that they adhere to any specified file size limits.
During the online application, you will also need to pay the associated visa extension fee using a valid credit or debit card. It is imperative that you review your application thoroughly before submission to ensure that all the information provided is accurate and complete. Incomplete or inaccurate applications may result in delays or even rejection.
Postal Application Process:
If you opt to apply by post, you will need to download the relevant visa extension application form from the official government website or request it from the nearest embassy or consulate. Carefully read through the form and complete all the required sections. Ensure your writing is legible to avoid any potential delays in processing.
Along with the completed form, you will need to include supporting documents. These may include copies of your current visa, passport, and other relevant documentation that proves your eligibility for an extension as a common-law partner. Check the official website or consult with an immigration advisor to ensure you provide the correct documentation.
Finally, you will need to include the application fee, typically in the form of a money order or certified cheque. Some countries may also accept credit card payment details or bank transfers. Once your application package is complete, send it to the specified address, considering the potential for postal delays.
Regardless of the application method, it is always advisable to keep copies of all submitted documents for your records and to track your application status online, if possible.
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Evidence of working towards common-law status
When applying for an extension of a visitor visa to reach common-law status, it is important to provide evidence that you are working towards common-law status. Here are some examples of evidence that can support your application:
Evidence of Cohabitation
Canada's immigration department requires proof of cohabitation, which can be demonstrated through various documents. These may include lease agreements, mortgage documents, or utility bills that include both partners' names and the same address. Proof of cohabitation can also be established through other means, such as correspondence, social media posts, or references from friends or family members who can attest to your living arrangements.
Financial and Emotional Support
Evidence that demonstrates financial and emotional support between partners can be crucial. This can include shared bank accounts, joint financial investments, or documentation showing shared expenses and financial support. Additionally, proof of emotional support and commitment can be demonstrated through correspondence, emails, or social media posts that showcase the relationship's significant degree of attachment.
Public Recognition as a Couple
Presenting as a couple in public is an important aspect of establishing a conjugal relationship. This can be demonstrated through various means, such as social media posts, photographs, or even reference letters from friends and family members who can attest to your relationship. Any evidence that showcases public recognition of your relationship as a couple can be beneficial.
Children from the Relationship
If the couple has children together, this can be strong evidence of a conjugal relationship. Birth certificates or other official documents that establish parentage can be submitted as proof.
Important Documents
Insurance documents, tax filings, or other official records that recognise the couple as common-law partners can be highly valuable. These types of documents often serve as conclusive evidence of a couple's status and can significantly strengthen the application.
It is important to note that the requirements and evidence needed may vary, and it is always recommended to refer to official guidelines and consult reliable sources for the most up-to-date and accurate information.
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Outland vs inland sponsorship
In Canada, there are two types of spousal sponsorship: Outland and Inland. Both options allow foreign nationals to join their loved ones in Canada, but there are important differences to consider when choosing between the two.
Outland Sponsorship
Outland sponsorship is typically for couples where the sponsored partner is living outside of Canada. It is generally pursued when the partner is unable to apply for spousal sponsorship from inside Canada or does not reside in Canada at the time of application. In such cases, Outland sponsorship is usually the only option available. However, it is important to note that Outland sponsorship does not give any legal status in Canada during the application process. To maintain legal status, one must continue to apply for visitor extensions while the application is being processed. One of the key advantages of Outland sponsorship is that it allows the sponsored person to travel to and from Canada during the application process. This makes it a preferred choice for those who need to travel frequently for work or personal reasons. Additionally, Outland sponsorship provides appeal rights, which means that if the application is refused, there is an opportunity to appeal the decision.
Inland Sponsorship
Inland sponsorship, on the other hand, is for couples where the sponsored partner is already living in Canada and has valid temporary status. The couple must reside together in Canada throughout the application process, and travel outside the country is generally not recommended. One of the main benefits of Inland sponsorship is the possibility of the foreign partner obtaining an Open Work Permit, which allows them to work while waiting for their permanent residency approval. It is important to note that Inland sponsorship does not offer appeal rights if the application is refused.
Common-Law Status
To extend a visitor visa to obtain common-law status, one must provide evidence of working towards common-law status, such as joint bank accounts, lease agreements, or a common-law declaration. It is recommended to apply for at least one extension after submitting the Inland application to maintain legal status in Canada.
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Risks of refusal
When it comes to extending a visitor visa to reach common-law status, there are several risks of refusal that applicants should be aware of. While it is possible to extend a visitor visa, there is always a risk of refusal, and applicants should be prepared for this outcome. Here are some key risks of refusal to consider:
- Incomplete or incorrect documentation: The most common reason for visitor visa refusal is often due to incomplete or incorrect paperwork, such as an incomplete DS160 form or missing documents. It is crucial to ensure that all sections of the application form are accurately and thoroughly filled out, following the provided instructions. Any discrepancies between the information provided during the interview and the documents submitted can also lead to refusal.
- Failure to demonstrate strong ties to the home country: Visa officers often review travel history and assess an applicant's ties to their home country. Not having strong enough ties, such as relationships with family and friends, can lead to refusal as it may indicate a higher risk of overstaying or immigrating without permission.
- Criminal record: A criminal record, depending on the nature and severity of the crime, can make it challenging to obtain a visitor visa. Certain crimes, such as those that threaten public health or safety, can result in refusal.
- Previous visa denial: A history of visa denial or refusal can impact future applications. Consular officers will carefully scrutinize subsequent applications to determine if circumstances have changed since the previous refusal.
- Misrepresentation or fraud: Providing false or misleading information during the application process will likely result in refusal. This includes misrepresenting facts or submitting fraudulent documents.
- Health conditions: Some countries may refuse visas to applicants with specific health conditions that are deemed to pose a risk to public health or safety, such as communicable diseases or mental disorders.
- Failure to comply with immigration laws: Non-compliance with immigration laws, such as overstaying a previous visa or violating the terms of a previous visa, can lead to refusal. Consular officers will assess an applicant's history of compliance with immigration laws.
It is important to note that the specific refusal reasons may vary depending on the country and the individual circumstances of the applicant. Consulting an immigration lawyer or seeking personalized guidance can be advisable for applicants to ensure they are well-prepared and have the best chance of a successful application.
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Frequently asked questions
You can apply for an extension online or by postal service. You will need to provide evidence that you are working towards common-law status, such as joint bank accounts, lease agreements, or a common-law declaration.
There is a risk that your request for an extension may be refused. If you leave the country, there is also a risk that your re-entry could be refused.
One alternative is to apply for spousal sponsorship. If you apply for spousal sponsorship outland, you will need to continue to apply for visitor extensions to maintain your legal status in the country. If you apply for spousal sponsorship inland and include an open work permit with your application package, you will have implied status and will not need to apply for an extension.
Expressing your work qualifications and intent to be a contributing member of the country's society may increase the likelihood of approval. Additionally, mentioning that you already have a place of residence in the country may be beneficial.
