Renee

Hi kittykat,

To apply to extend your boyfriend's stay in Canada, go here for the
forms.... http://www.cic.gc.ca/english/applications/visitor.html

I got my first temporary resident visa when I first arrived in Calgary to
stay last February. I came to Calgary International Airport and told the
officer at the passport stamping line that I wanted to apply for a six month
visa, as I was marrying a Canadian on July 5, and I wanted to ensure that I
had legal status, and a document that I could renew. I told them at that
time that I would be submitting an inland spouse application after the
wedding, and they issued a six-month visa with a CIC client number. I used
the link above to renew it. I don't think your boyfriend can apply for a
TRV from the U.S. since he normally wouldn't require a travel document to
enter. If he's already here, then he just needs to apply to extend his
stay. The forms at the link above ask him about his most recent entry, so
they'll go from there.

As I said in my initial reply to you, I'm not sure about the review process
for a common-law partner vs. a spouse. I know the forms are the same, and
the overall process is the same, but I thought I'd read on this newsgroup a
few times that common-law applicants must have been living together
continuously. I knew someone else would read the thread and add to it, but
I wanted to put the idea there just in case. Sounds like others have said
you're fine if the 12 months aren't consecutive. If that's true, then I'm
sorry if I alarmed you!

The immigrations officer who issued my initial visa told me that leaving
Canada can cancel an inland application, and she strongly advised me not to
leave. She noted "multiple entry" on my initial visa, but she also said
that another officer could still refuse to let me enter, especially once I
submitted my PR application. I didn't want to take any chances.

The other place I've read the caveat about leaving Canada is in the guide
for inland applicants. I think they've updated the guide since I first
downloaded it last spring, but this quote comes from page 23... "If you
leave Canada before permanent residence is approved there is no guarantee
that you will be allowed to return or re-enter Canada. This is especially
true if you require a visitor visa. Your application may be refused or
delayed if you no longer have temporary resident status to qualify as a
member of the Spouse or Common-law partner in Canada class."

The other issue with leaving Canada is that, from reading this newgroup, I
would be concerned about the issue of dual intent. From what I've seen
here, immigrations officers technically shouldn't allow you to enter Canada
as a visitor if you already have an application for permanent residency
pending. The dual intent is saying you want to be a visitor, when you've
already said you want to be a permanent resident. I've also read here that
immigrations officers are often more tolerant about dual intent when it's a
spouse involved, but I'm not taking any chances by leaving. Maybe they were
being lenient by giving me the visa the first time - after all, I honestly
declared that I would be marrying on this visit, and would later be applying
for PR.

I thought that the inland category was created so that families wouldn't
have to be apart. The experts on this group have said that processing at
Buffalo is faster than inland processing because they've made family class a
priority when dealing with overseas applications. The idea is that you
don't have to be apart from your loved one any longer than necessary. I've
been waiting just over six months already, and I'm hoping that I'll hear
something within the next month now that they're within two weeks of my
application date. If you are going to have your boyfriend leave for periods
of time, it may have been faster to submit the application through CPC
Missassauga and the Buffalo consulate. There's a lady on this group who got
her husband's PR through Buffalo in an incredible three months! I was
surely jealous of that timeline! Happy for her, but mad that I've been
waiting twice as long with no legal work status and watching my savings
account dwindle. Inland processing was faster when I applied, but times
have definitely changed.

It doesn't make sense to me that CIC expects inland applicants to remain out
of work until the AIP phase, yet they will allow an applicant to leave
because of business matters. Their own rule says that inland applicants
have to have legal status in Canada at all times during the processing
period, so leaving for any reason would cause a loss of legal status. Don't
get me wrong, I'm not trying to be a grinch but I'm going by the
information in the guide, and the expert advice I've been reading on this
forum for the past year. I have an 80 year old grandfather back in Virginia
who is one of only three family members, and I've been praying that nothing
happens to him while I can't leave Canada without jeopardizing my
application. My Canadian status is too important to me to risk, but at the
same time, I'd feel terrible if I couldn't get back for a couple of days in
a family emergency. If I tried to come back and was refused, I'd have just
wasted the last six months of PR processing, as well as being out of work
for almost a year since I moved here ahead of my wedding.

On page 23 of the guide, it says that "in order to receive permanent
resident status, you must meet the eligibility requirements detailed in the
table Whom May I Sponsor, on the day CIC receives your application, while
your application for permanent residence in in process, AND when permanent
resident status is confirmed."

Under Whom May I Sponsor on page 5, it says that both spouses and common-law
partners must have valid legal or unexpired status in Canada as a visitor,
student, or temporary worker. It then says the individual must be living
with you in Canada. When you said your boyfriend left for two months,
that's what made me remember the warning in the applicant guide. I'm sure
he still considers his residence with you to be his primary one, but I also
was a bit concerned that a long absence may raise a flag with an officer. I
hope not, and I hope your case goes smoothly!

Anyway, this post is really long, so I'll close it for now. Best wishes
with your case!

Renee