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Advice! Leaving for family death while on implied status

Robin087

Newbie
Oct 2, 2017
6
0
Hi everyone. My fiancé and I need advice .
I'm a Canadian citizen and he is an American. We've been dating for two years and want to get married . (We would get married really soon but I have been trying to get a divorce for 3 years from an ex and he is making the process very difficult )
All of that to say, my fiancé has been up here a couple of times for six month visits. He's never overstayed his alotted time (always left at least a week before), he's never attempted to work illegally here, and he has a clean record.
He did a six month visit from October 2016-April 2017. Before his time was up he went to USA for a weekend and returned , in which they have him 3 more months. One and a half months into this three month visit they gave him, he applied for an extension under the grounds that we'd moved in together while he was here and we are trying to gather up the 12 consecutive months needed for me to sponsor him as my common law partner.
While he's been waiting for the extension application, he has been on implied status as a visitor to my knowledge from all we've read. He never tried to work or anything he knew he wasn't supposed to do. While he was on implied status waiting , he got a call from his brother to go home immediately as his mom wasn't going to live. He didn't want to mess things up here, but had to leave understandably . He's been gone a week and his mom has passed away. He plans to stay and help his brother with some things for another 3-4 weeks and then he wants to return.

I want to add, he has been a stepfather to my children for two years and has been a dad to my youngest whose father left when before birth. My kids are also desperate for him to come back as he is their father figure (the youngest is very close to him /calls him dad) . We really want this to work and want him to be able to return!
Can anyone please please give advice? Am I right that we have to have 12 consecutive months in the same home for me to sponsor him common law? Though he only lived full time in my home for 2 months before he left, he mostly spent all day here with my kids and I for the last 11 months . But because we didn't claim common law, am I not able to sponsor him sooner?
If I can't sponsor him until we have 12 straight months common law or my divorce comes though and I can finally marry him, what are my best options to get him back to us?
I am worried they won't take too well to him leaving while on implied status. I know I've read he cannot come back and be on implied status once he left..but the things I've read were referring to someone on implied status with a work permit, not someone who was applying to extend a visitation. If he had to leave for his moms death, are they going to hold that against him? I know you aren't supposed to leave while waiting for the application to process. Even though he only wanted an extension for visiting, (not work or study) is his implied status and his application no good now that he's left? Will he have to come trying to get a brand new 6 month visitation stay in Canada and his application for extension be null?
If that's the case, what can he do to have the best chance to be allowed back? I know our best option would be sponsorship but I don't think we qualify yet :(
He can't a student visa to work out (we looked into it ) and work permits we tried looking into and are getting nowhere. No one will give a job offer until he's sponsored to be here already. It seems our only option is getting six month visits until I can sponsor him. Otherwise we will have to be apart .
How good are his chances of being admitted another six month visit if he has money in his account to sustain himself and is going to be common law with me, after he's already be in the country quite awhile? Is there anything he could do to improve his chances? Would it look better if he only flew up to Maine and I went down and met him there and we came to the border together to express our case. We will do anything we can! We've become a family and my kids and I miss him and don't want him to be gone very long. He also wants to get back as his closest relative there has passed and he wants to be with us as my kids have become like his own.
Please anyone who has any advice or ideas, we would so appreciate it!! Thank you
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - you need to have 12 continuous months of cohabitation to be classified as common law. Continuous cohabitation means physically living together in the same place and having the same primary residence. If there's a break in cohabitation of 3 weeks or more (like the one you've recently experienced), CIC regards this as a break in the continuous cohabitation requirement which means you have to start counting the 12 months again from scratch.

Implied status is only good as long as you remain in Canada. Since he's left Canada, he'll be re-entering as a new visitor when he returns and how long and if he's allowed into Canada will be up to CBSA.
 

Robin087

Newbie
Oct 2, 2017
6
0
Yes - you need to have 12 continuous months of cohabitation to be classified as common law. Continuous cohabitation means physically living together in the same place and having the same primary residence. If there's a break in cohabitation of 3 weeks or more (like the one you've recently experienced), CIC regards this as a break in the continuous cohabitation requirement which means you have to start counting the 12 months again from scratch.

Implied status is only good as long as you remain in Canada. Since he's left Canada, he'll be re-entering as a new visitor when he returns and how long and if he's allowed into Canada will be up to CBSA.
Thank you for taking time to read and respond .
This is all so stressful and difficult.
Should he bring proof of why he left when he tries to re enter? (Death certificate etc )
Would it look better if I met him at the point of entry or would it not matter ? Does anyone think if we tell them he's been very involved with my kids and my youngest see him as his father they'll have compassion?
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You're really posting to the wrong section of the forum and are going to get very few answers here. I would recommend you re-post to the Family Sponsorship section of the forum.
 

Robin087

Newbie
Oct 2, 2017
6
0
You're really posting to the wrong section of the forum and are going to get very few answers here. I would recommend you re-post to the Family Sponsorship section of the forum.
Thank you. Just posted there as well