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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99918
Experience:  Lawyer
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My common law wife has been here with me in Canada to 6

Customer Question

Hello, my common law wife has been here with me in Canada for close to 6 months, which I understand is the legal limit, she has no real options as to elsewhere to go, what are the possibilities and procedure of requesting an extension. I am prepared to start proceedings to sponsor her for citizenship but know this can take a while, but can it affect the likelihood of extension? And third, if she has to return to the US at risk of deportation, how long before she would be able to return for another six months or extended visit?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

How long have you lived together for? Are you planning to get married?

Customer: replied 1 year ago.
3 1/2 years ,yes planning to marry but no date set
Expert:  Debra replied 1 year ago.

You are entitled to sponsor her for permanent residency status because you have lived together for more than one year. As soon as you begin the application process she will no longer be required to leave Canada. The reason why is that there is an exception for spousal sponsorship and when there is a spousal sponsorship the visitor to Canada may remain in Canada without legal status. So, even though it will take some time for the full application to be processed, she will be permitted to remain in Canada and, in fact, she will be able to apply for an open work permit.

Customer: replied 1 year ago.
good to know thanks, ***** ***** I were to submit an application by thursday, even though her six months is up this week, there would be little danger of her being deported? or getting back in if she went to US with me for a few days?
Expert:  Debra replied 1 year ago.

She will not be deported.

If she leaves she may not be able to return as she cannot enter with the intention to remain in Canada.

Customer: replied 1 year ago.
I see. but once the application was accepted and in process , would there be any document I would receive which could prevent her being stopped from entering, and if so how long might this take?
Expert:  Debra replied 1 year ago.

When she leaves she will not be permitted to re-enter until she gets her permanent residency status.

Customer: replied 1 year ago.
the process from application to acceptance can range from what length of time to your knowledge?
Expert:  Debra replied 1 year ago.

It can take close to two years unfortunately.

Customer: replied 1 year ago.
there is an application fee of 75 and then 550 fee, when does this latter fee need to be paid, on acceptance or upfront?
Expert:  Debra replied 1 year ago.

The $550 is part of the application fee and will have to be paid upfront.

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