A few questions about how to make this work with boyfriend american/canadian?

[justwanttobetogether]

OK so I've A LOT of information and still have some questions and concerns I'd like to clarify. My boyfriend and I have been together for a year. He is American and I am Canadian. We are very serious and really want to find a LEGAL way of permanantly being together that doesn't involve marriage (at this point). We do want to get married but not just in order to live together we want to live together before we make that move. So we figure the easiest way to do this is through common-law. We have no lived together a year so we plan on me going there for 6 months and him coming to canada for 6 months then applying outside of Canada or extending his stay and then applying for common law sponsorship. There are a few issues here though. I am extremely worried about how he will prove that he is returning if he is giving up his job to move here. As well, is he allowed to come to Canada with the intent of becoming common law with me and then later applying for PR? I assume the answer to that is no but at the same time it's confusing because CIC says that the fact that one would give up a job to be with someone shows a commitment yet how do you come across the border and satisfy that you'll leave? Those are a few things I'm confused by.. an answer to even one of the questions would be greatly appreciated. One last thing... Anyone have any advice on whether it's better to apply outside of Canada or inside? Thank you so much guys! Your input and advice on other threads is really great and comforting (sometimes a little unsettling).

 

[canadianwoman]

As well, is he allowed to come to Canada with the intent of becoming common law with me and then later applying for PR?

Many people do this, and it is not illegal or wrong. But they do not tell the border agent this is what they are planning to do. They say they are coming to Canada as a tourist, or to visit their boy/girlfriend. Do not say "moving to Canada" in your conversations with the border agent.

I assume the answer to that is no but at the same time it's confusing because CIC says that the fact that one would give up a job to be with someone shows a commitment yet how do you come across the border and satisfy that you'll leave?

Showing your commitment is for the PR application. When you are crossing the border you should be prepared to show that your visit is temporary and that you have ties to your home country. So when your boyfriend comes to Canada to visit you, he should have a return ticket with a specific date, things like a letter from his employer, an apartment lease or mortgage, proof of money in a bank account and enough money for the trip. He will probably not be asked for these things, but he might be, so it is best to be prepared. He can change the date of his return ticket later. Without an employment letter or lease/mortgage, he may still get in - it is up to the border agent. He could keep his apartment and cancel the lease once he is in Canada, or if still living with his parents there is no need to say he has left permanently. Usually the border agent doesn't ask much.

Anyone have any advice on whether it's better to apply outside of Canada or inside?

For an American, applying outland is nearly always better. It is faster, the applicant can leave Canada if needed, and you can appeal if refused. If you apply outland, he can still stay in Canada visiting you while the application is being processed.

 

[justwanttobetogether]

Perfect! Thank you do much. This was really helpful and cleared up a lot of things that have been burning in my mind! Thanks again!

 

[NBaker]

This answer provided is disturbing and touches on misrepresentation.

What is inferred here is a desire to use a standard 6 month entry to obtain something other than being a tourist.

Regardless of whether this is something that may be done 'the ultimate intent' is to move to Canada.

It is particularly so where the statement is made that one party has left a job and thereby their source of income.

 

[justwanttobetogether]

OK. So if that is misrepresentation how on earth can we live together for a year legally. It's very contradictory because how are you suppose to have a committed relationship and live together if you can't legally live together. I called CIC and they say it is not misrepresentation because his ultimate goal is to be visiting me.

 

[canadianwoman]

Lots of people do some variation of this in order to live together for a year or longer. The government is OK with it. They will get their PR applications approved, even if this is the way they managed to live together.
It is not really misrepresentation. Even if you stay for 6 months, that can be still considered a 'visitor'. Now, if either one of you got a job while a 'visitor' in the other's country, now that would be misrepresentation.

Look at it this way: when someone first comes to Canada to visit their partner, they don't really know for sure everything is going to work out. Maybe after a few months they'll decide to break up, or the non-Canadian will decide he/she doesn't want to live in Canada. It is not a sure thing that the relationship will last for a year, that you will ultimately decide to continue living together. So when you enter Canada, you are just visiting; you don't know for sure you will be submitting a PR application after a year.

There is also something called 'dual intent', which is described in CIC's manuals and which is allowed. So it is legal to visit Canada, but to also have the intent to one day apply for immigration. (Don't mention dual intent to the border agents - it is almost never useful 'on the ground'.)

Look at my case - I am a 'visitor' to Malaysia, but actually I came here to live with my husband. Now as long as I follow the rules - only stay 90 days at a time, and don't work - the government is fine with me being here. I know one guy who has been here as a visitor for 3 years. It is all perfectly legal. It is perfectly legal in Canada too.

 

[missmini]

Lots of people do some variation of this in order to live together for a year or longer. The government is OK with it. They will get their PR applications approved, even if this is the way they managed to live together.
It is not really misrepresentation. Even if you stay for 6 months, that can be still considered a 'visitor'. Now, if either one of you got a job while a 'visitor' in the other's country, now that would be misrepresentation.

Look at it this way: when someone first comes to Canada to visit their partner, they don't really know for sure everything is going to work out. Maybe after a few months they'll decide to break up, or the non-Canadian will decide he/she doesn't want to live in Canada. It is not a sure thing that the relationship will last for a year, that you will ultimately decide to continue living together. So when you enter Canada, you are just visiting; you don't know for sure you will be submitting a PR application after a year.

There is also something called 'dual intent', which is described in CIC's manuals and which is allowed. So it is legal to visit Canada, but to also have the intent to one day apply for immigration. (Don't mention dual intent to the border agents - it is almost never useful 'on the ground'.)

Look at my case - I am a 'visitor' to Malaysia, but actually I came here to live with my husband. Now as long as I follow the rules - only stay 90 days at a time, and don't work - the government is fine with me being here. I know one guy who has been here as a visitor for 3 years. It is all perfectly legal. It is perfectly legal in Canada too.

loooool me too i did that in other country....for 1 year i was "visiting" but actually i was living there; of course i didn't work and every 40 days we had to drive to the border to get a new valid visit visa...it helped so much to continue to be together and everything was legal u just need to know what a visitor cannot do (work, etc)

 

[CharlieD10]

This answer provided is disturbing and touches on misrepresentation.

What is inferred here is a desire to use a standard 6 month entry to obtain something other than being a tourist.

Regardless of whether this is something that may be done 'the ultimate intent' is to move to Canada.

It is particularly so where the statement is made that one party has left a job and thereby their source of income.

CIC has something called "dual intent", where someone enters the country as a visitor, but the ultimate intent is to remain permanently. It is not misrepresenting themselves to say he is coming as a visitor, but in reality they also plan on applying for PR by using this time as a visitor to count towards the requirements for common-law partnership.

The truth is that most of the time dual intent as a visitor is acceptable where the person visiting is visa-exempt. Non-visa-exempt persons are seldom allowed in as visitors with dual intent, it is why they are rejected for TRVs if they have Canadian spouses. The risk that such a person will not return to their home country after their authorized stay is higher in CIC's estimation, because they have been exposed to a higher standard of living and will not wish to return to a lower standard at home. On the other hand, where is the advantage of overstaying to someone who is visa-exempt because their country has a similar standard of living to Canada's?

So, there is nothing wrong with this couple visiting with each other while actually having the intention to remain permanently.