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outland spouse uk

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sami55 View Drop Down
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    Posted: 07 Dec 2009 at 10:32am

I am a British man, came from UK as a tourist visitor on 02 november. The I O gave me VERY hard time because :

1 I got a petty assault crime recorded against me in UK but I had to prove that it became spent in 2007

2 he suspected I would try to settle here, and kept asking questions about my relationship with my Canadian girlfriend.

he reluctantly gave me visitors record with a must leave by date of 23 feb (which is just under 4 months) he said I must produce that print out when leaving Canada BEFORE 23 FEB..
I had visited Canada as a tourist before in April and stayed for 4 months with my gf till august.. so this time in novemeber he kept asking me why I needed to visit Canada again as a tourist once again …he suspected I may set up life with my girl friend..


so now I am here as a visitor in Canada living with my Canadian g f ..
we love each other and want to marry.. Since April everything is shared and relationship is genuine long term and continuing. Although we are not yet married we really treat each other as husband and wife already. cannot bear to be separated..

in 2002 VERY SHORTLY after an abusive and violent marriage she was deserted by her husband in UK..He simply disappeared and they have NOT HAD ANY MEANINGFUL CONTACT WHATSOEVER SINCE that 7 yrs..
we have known each other for nearly 2 years and been cohabiting and sharing life since april..which is 7 months..
she has started divorce proceedings in august…and her divorce is expected to be finalised in February. So if we claim that we are in common law relationship since april it is only 7 months (AND NOT THE 12 REQUIRED FOR APPLICATION) AND at a time when on paper she was married to someone else who disappeared 7 yrs ago. Some one says OP2 MANUAL SAYS THAT’S OK as long as OUR common law relationship was genuine and we can send in divorce petition papers..

She would become free to marry me in feb or march but my visa expires on 23 feb

HOW CAN I EXTEND MY VISITORS VISA to buy some time?
ON WHAT GROUNDS?
I can provide EVERYTHING EXCEPT A qualified relationship…I have the financial means she is prepared to support me, she has job, provide letter etc but the only thing that’s missing is a qualified relationship.
So can I say that please extend my visa as I have not finished touring your beautiful country yet…….i need more time as a visitor to appreciate Canada.
I KNOW THE APPLICATION TO EXTEND HAS TO REACH THEM BEFORE EXPIRY ON 23 FEB
Even just a short extension will be enough to get me married to her and then apply for outland spouse sponsoring and PR…


PLEASE EXPLAIN CLEARLY WHEN I am allowed implied status while my application is being considered ?
when is it wrong to assume that you have implied status

the other option is NOT to make any application whatsoever…simply leave Canada in Feb and come back for the third time in March as a tourist and get married then ..but it could be very stressful asking for tourist visa again for the third time …and its horrible living apart..and with the prospect of a possible outland interview as well, it’s a lot of trips ..to and from UK.
PLEASE ADVISE
chronology
have known Canadian gf for 2 yrs. She has PR
I came from uk as tourist in april and stayed with her till aug
Aug She filed for divorce from husband who disappered in uk 7 yrs ago
Sept took her to uk to meet my family
Oct she took me to India to meet her family
Nov I came back to Canada but my visa expires 23 feb
Her divorce expected to be finalised in feb= a few days before my visa expires
We are preparing to marry in feb.
If we marry and send in proof of PR (AND outland spousal) DO I HAVE implied status when I send in for extension of visitor visa WHICH WOULD REACH THEM before 23 feb expiry date?

What is temporary resident visa ? does that apply to me ? what is best for me?
What shall I do?
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redeagle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 11:12am
I dont know if you can get an extension due to fact that you were given a date to leave by, I am sure someone will clarify as to whether or not you can. However, if it is possible, do not make the mistake I made of sending in your application too early, it caused us no end of headaches when the extension was refused.
If it is possible, send it in just before your time is due to expire, that will buy you time on implied status. Either way if you were seperated in the time between Auguast and November for any lengthy period you wont have 7 months as common law.
Your situation, as far as I am aware would then come under conjugal until you are married, though to qualify as conjugal you would have to show as to why you were not together for that 3 months, if this was the case.
Hopefully you will be able to apply for an extension which will give you the time to get married and apply, give it a few hours and no doubt someone will be able to tell you more clearly if this is an option or not.

Edited by redeagle - 07 Dec 2009 at 11:13am
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