Can i extend my stay? Please help i'm running out of time.

[East]

I am a UK citizen with a Canadian boyfriend. We met on vacation in April 09.

16 July 09-- I arrived in Canada as a visitor and decided I wanted to stay. Was allowed to stay for 6 months.

I applied for 2 LMO's both were refused.

7 Nov 09-- We crossed the boarder by car to visit friends in the USA and to hopefully renew my visa.

9 Nov 09-- I got detained at the boarder comming back into Canada. I was accused of lying about my origional reasons for wanting to come to Canada. I was allowed back in but was given visitor record and had to leave Canada by 23 nov 09.

10-Nov- 09-- I paid the $75 and applied for a visitor extension until the 6th January. I did this in a panic.


I want to stay longer so my partner can sponser me in April. Is this possible?

Please help!

 

[hbwpg]

You can apply for an extension again.

You will need to prove your intent of returning to your home country, as well as prove you have sufficient funds to support your stay.

You will also need to provide proof of ties to your home country, such as a home.

My partner was also denied entry at the border after a 6 month period, was given a week here to collect his things and say goodbye to me and our friends, and he has been back in the states for 2 months.

He can't return without proof of employment, ties to his country, sufficient funds, and a return ticket.

I'm going there next month so we can get married and start the process, and hopefully bring him back with me, along with proof of marriage, proof of application fee payment, etc, so he can wait out the process here with me. If he can't, then we just have to wait and that's the way it is, unfortunately.

Good luck, but your best bet may to be return home for a few months and return as a visitor later on, with a return ticket. That's what we were advised to do. It also builds your case if you return home a few times.

I am a UK citizen with a Canadian boyfriend. We met on vacation in April 09.

16 July 09-- I arrived in Canada as a visitor and decided I wanted to stay. Was allowed to stay for 6 months.

I applied for 2 LMO's both were refused.

7 Nov 09-- We crossed the boarder by car to visit friends in the USA and to hopefully renew my visa.

9 Nov 09-- I got detained at the boarder comming back into Canada. I was accused of lying about my origional reasons for wanting to come to Canada. I was allowed back in but was given visitor record and had to leave Canada by 23 nov 09.

10-Nov- 09-- I paid the $75 and applied for a visitor extension until the 6th January. I did this in a panic.


I want to stay longer so my partner can sponser me in April. Is this possible?

Please help!

 

[ariell]

I want to stay longer so my partner can sponser me in April. Is this possible?

Please help!

What class are you planning to apply under -- spousal, common-law or conjugal?

If you're planning to marry then you can apply under spousal. Based on what you wrote, you don't the meet the requirements for common-law since you wouldn't have met the 12 month cohabitation requirement. I wouldn't suggest that you apply under conjugal class as you will have a hard time convincing immigration that you have an immigration barrier that prevents you from living together for 12 months in order to qualify for common-law AND that you also have reason why you CANNOT marry. There are other posts on here with info. about conjugal. I would suggest that you read through those if you are considering applying under that class. Good luck.

 

[hbwpg]

Good question.

I assumed it was common law as she said they want to apply in April, and they met in April (though that would still not qualify)

What class are you planning to apply under -- spousal, common-law or conjugal?

If you're planning to marry then you can apply under spousal. Based on what you wrote, you don't the meet the requirements for common-law since you wouldn't have met the 12 month cohabitation requirement. I wouldn't suggest that you apply under conjugal class as you will have a hard time convincing immigration that you have an immigration barrier that prevents you from living together for 12 months in order to qualify for common-law AND that you also have reason why you CANNOT marry. There are other posts on here with info. about conjugal. I would suggest that you read through those if you are considering applying under that class. Good luck.

 

[East]

I will apply under any class I can!

My partner Is in the Canadian Forces so he can't leave Canada to be with me. Would this help towards a conjugal case?

If I can stay a little longer I would apply under comon law.

We have talked about marrage which wer'e happy to do but I don't want to be forced into it or to have a rushed wedding.

I don't have any ties to my home country. My job involved a lot of traveling. Most of my family has passed on. I don't own a home either. So I fear if i leave I wont be able to return!

 

[hbwpg]

I don't know if that would help the conjugal application. You'd have to prove you couldn't live together - here or elsewhere.

You can apply for common law once you have been *living* together for 12 consecutive months, with your staying here legally.

You don't need to own a home - a job, utilities, some semblance of a life should be sufficient.

We struggled with the marriage thing too, at first. I've actually never wanted to get married period, so it was mostly MY struggle. However, he's the only person I ever think I could marry and would ever want to. He eased my mind by saying it's inevitable, so let's do it now because it's what we want more than anything in the world. We're so excited.

It seems like you need to figure out your next step, first of all - either applying for an extension or returning home.

An IO said to us, however, that returning home, and coming for visits builds your case because it shows you are willing to be compliant with the law and not going to do things sneakily.

I will apply under any class I can!

My partner Is in the Canadian Forces so he can't leave Canada to be with me. Would this help towards a conjugal case?

If I can stay a little longer I would apply under comon law.

We have talked about marrage which wer'e happy to do but I don't want to be forced into it or to have a rushed wedding.

I don't have any ties to my home country. My job involved a lot of traveling. Most of my family has passed on. I don't own a home either. So I fear if i leave I wont be able to return!

 

[East]

I don't want to be away from my partner that's the biggest problem.

Could I apply for an extension so I could at least see out our 12 months together? Which will be in June? Could I then apply for another until the PR comes through?

If we get married now can I stay In the country until my PR goes through?

 

[hbwpg]

Unfortunately you may have to be apart. No one that goes through this WANTS to be apart but it can be necessary.

Yes, you can apply for an extension. Have you been put on his lease? Any joint bank accounts? Joint utility bills? Joint credit cards? Those are things you should get on right away if you wish to apply common law.

Also, just because you apply doesn't mean it will be approved. It may be difficult unless you can prove what I mentioned above and prove ties to your home country, as well as sufficient funds that are yours alone.

As for getting married, you can do that and apply for an extension while the process is going through. However, you must still apply for the extension regardless if you want to remain in Canada.

I don't want to be away from my partner that's the biggest problem.

Could I apply for an extension so I could at least see out our 12 months together? Which will be in June? Could I then apply for another until the PR comes through?

If we get married now can I stay In the country until my PR goes through?

 

[Leon]

You can apply for another extension but you might not get it. If you don't get it, you'll have to leave.

Conjugal partner is generally not advised unless you really can't get married or live together. Just saying that you don't believe in marriage or don't want to can make the IO think that you are not really committed to each other. Besides, your partner being in the forces is not really an excuse to not come and live with you in your country as they say below:

You should not apply as a conjugal partner if:

* You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
* You cannot provide evidence there was a reason that kept you from living together.
* You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.

If you get married, you would still have to apply for an extension.

 

[East]

Thank you all. You've been a great help.

 

[Longshanks777]

just wondering you were advised to leave by nov 23rd, when did you submit your application to extend your stay as a visitor? are you allowed to stay while awaiting the decision?

I am a UK citizen with a Canadian boyfriend. We met on vacation in April 09.

16 July 09-- I arrived in Canada as a visitor and decided I wanted to stay. Was allowed to stay for 6 months.

I applied for 2 LMO's both were refused.

7 Nov 09-- We crossed the boarder by car to visit friends in the USA and to hopefully renew my visa.

9 Nov 09-- I got detained at the boarder comming back into Canada. I was accused of lying about my origional reasons for wanting to come to Canada. I was allowed back in but was given visitor record and had to leave Canada by 23 nov 09.

10-Nov- 09-- I paid the $75 and applied for a visitor extension until the 6th January. I did this in a panic.


I want to stay longer so my partner can sponser me in April. Is this possible?

Please help!