Cannot Gain Common Law Status With Mexican Girlfriend

[NightHawk]

I have been dating a mexican girl for 2 years , we fly back and forth as often as possible visit each other but, she is only allowed in canada 4 weeks at a time with her tourist visa because of a angry immigration officer from the beginning. Who actually told us both you crossed at the wrong place wrong time. I am unable to leave Canada, because I have a small child, and my job. She is an english teacher in Mexico, with a degree. We have been exploring options for her to be able to work here in alberta but it has become very difficult, trying to find her work. How can we ever manage common law status when she is not allowed in the country for more then 4 weeks at a time?
I have read some posts that people have been able to stay up to 6 months on a tourist visa, how is that possible? We were told by immigration that, after an X amount of time that is considered " living" and not "visiting" yet her visa clearly states up to 6 months at a time. I understand immigration can do whatever they want. What realistic options do we have to be able to spend time together? Sadly we cannot keep flying back and forth because of money and work itself. Seems like a downhill battle. Any advice would be greatly taken

 

[truesmile]

If you cannot gain 'common-law' status, and it sounds as though you truly cannot, then you will have to get married in order to sponsor her.

 

[scylla]

How long she is allowed into Canada is up to the immigration official she encounters at the border. Visitors are often granted visits of 6 months - however sometimes only shorter visits are allowed because the visa officer has concerns the individual either has plans on remaining in Canada long term, has insufficient funds to pay for their stay or some other reason.

People manage common law by being allowed into Canada for the full six month period and then by applying for an extension to get another six months.

If you are having trouble meeting the 1 year requirement then you may want to consider getting married instead.

 

[Zarilenth]

How long she is allowed into Canada is up to the immigration official she encounters at the border. Visitors are often granted visits of 6 months - however sometimes only shorter visits are allowed because the visa officer has concerns the individual either has plans on remaining in Canada long term, has insufficient funds to pay for their stay or some other reason.

People manage common law by being allowed into Canada for the full six month period and then by applying for an extension to get another six months.

If you are having trouble meeting the 1 year requirement then you may want to consider getting married instead.

I know it would be more difficult, but couldn't they apply as conjugal, since they have a real reason why they can't live together for a year at a time? They'd have to show a lot of proof but if they don't want to take the step to marriage they have that option.

 

[scylla]

I know it would be more difficult, but couldn't they apply as conjugal, since they have a real reason why they can't live together for a year at a time? They'd have to show a lot of proof but if they don't want to take the step to marriage they have that option.

To be accepted under conjugal - they would have to demonstrate that is it impossible for them to get married. Not wanting to get married won't be good enough.

 

[Zarilenth]

To be accepted under conjugal - they would have to demonstrate that is it impossible for them to get married. Not wanting to get married won't be good enough.

Ah, gotcha. I thought you had to only show you couldn't live together since you were denied a visitor visa. Thanks!

 

[screech339]

Ah, gotcha. I thought you had to only show you couldn't live together since you were denied a visitor visa. Thanks!

Nothing is preventing the OP from flying to Mexico to get married in Mexico for 1 day and then come back. So conjugal application wouldn't work.

 

[steerpike]

Have you considered marriage?

 

[Graihn]

To be accepted under conjugal - they would have to demonstrate that is it impossible for them to get married. Not wanting to get married won't be good enough.

This immigration lawyer I spoke to about a year ago told me we could apply as conjugal as because of reasons beyond our control I had to go back to Sweden for 4 months to finish school. Even though I had been living with my partner and worked here for 11 months. I almost went ahead and applied. Also, he told us we should NOT get married as it would make our chances for conjugal smaller.

Thanks god I did my own research after that.

If I had found this forum back then, we would have been married and applied and I would have been a PR now. Found out in August I couldn't apply for conjugal, so we decided to wait till the year had passed.

 

[Rob_TO]

This immigration lawyer I spoke to about a year ago told me we could apply as conjugal as because of reasons beyond our control I had to go back to Sweden for 4 months to finish school. Even though I had been living with my partner and worked here for 11 months. I almost went ahead and applied. Also, he told us we should NOT get married as it would make our chances for conjugal smaller.

Technically he was not wrong, as there was nothing stopping you (or the OP here) from applying under conjugal class. However what the lawyer most likely declined to mentioned is that the chance of approval for conjugal cases where there is no legal barrier to marriage, is incredibly small. Some cases are successful due to having a very lenient and sympathetic visa officer, but the majority of cases are rejected.

Of course a lawyer or consultant will get paid either way for doing your application whether you are eventually rejected or not, so it's in their best financial interest to push you to apply with them as soon as possible by whatever means necessary.

 

[canuck_in_uk]

I have been dating a mexican girl for 2 years , we fly back and forth as often as possible visit each other but, she is only allowed in canada 4 weeks at a time with her tourist visa because of a angry immigration officer from the beginning. Who actually told us both you crossed at the wrong place wrong time.

So at this early entry, the angry officer only stamped her passport for 4 weeks. Are you saying that every subsequent time she entered Canada, the other border officers only stamped her passport for 4 weeks as well?

Also, even if her passport was stamped for a shorter time, she can still apply for an extension. Others have successfully received extensions by stating that they wanted to become common-law with their Canadian partner.

 

[Graihn]

Technically he was not wrong, as there was nothing stopping you (or the OP here) from applying under conjugal class. However what the lawyer most likely declined to mentioned is that the chance of approval for conjugal cases where there is no legal barrier to marriage, is incredibly small. Some cases are successful due to having a very lenient and sympathetic visa officer, but the majority of cases are rejected.

Of course a lawyer or consultant will get paid either way for doing your application whether you are eventually rejected or not, so it's in their best financial interest to push you to apply with them as soon as possible by whatever means necessary.

Yeah you're right. Being naive is how they get you. Like that guy who wants to sponsor his mother (there's a thread in here somewhere), and then H&C tried refugee claim yada yada yada, and believes everything the lawyer tells him.

Think the best reason this forum is so great is that you get a lot of people help, and if someone is wrong there is five others after to quickly correct the wrong.

 

[NightHawk]

She has been to visit canada multiple times this year and last , she has entered the country different ways by land and air at different ports , where I have always been waiting to pick her up. An officer at calgary told us she will always have these problems of only being allowed to stay 4 weeks at a time because of this one immigration officer we delt with, on her second visit here. He said they had made some sort of comments or notes on her passport file and yes sadly, 4 weeks would be max. This has been the case since then . How come they never question me? When she arrives at the airport or by land, they always question and question her, to the point where shes been in tears, yet they never give me a second look, I hope one day we do choose to become married however the whole point for us is we need to spend more time together to be able to figure that out and sadly for I , I have chose not to leave Canada because I have a young child from a past relationship.
Seems like we are being forced into getting married for the wrong reasons, but, not sure what else to do?
She has a solid background, comes from a good family, she has a university degree and a career, shes not rich by any means but she makes money .
Shes been treated very poorly ( expect for once) and we are unclear of why, we are trying to do things the way they should be done and not forced into making choices that may or may not be the right ones. We need to live together for a while, just like anyone else.
When she comes here ( on a tourist visa) they have told us over and over again since she staying with her bf, its considered not visiting but living if over 4 weeks , yet when she applied for the tourist visa I had write a letter inviting her to canada, and why, stated we were dating, etc...we are both still learning about all the immigration laws etc, im surprised they even gave her the tourist visa now . If we get married, while shes here on a tourist visa, when she leaves and tries to come back we were told she could possibly denied because she " lied" about her intentions while she was here last ( getting married) , and also some sort of ban placed on her for X amount of time? Safest thing to do if to get married would be me go to mexico?
Thanks everyone, been super helpful so far and i really appracite everyones time and effort

 

[steerpike]

As canuck_in_uk said, regardless of what they stamp on her passport, once in Canada she can apply for an extension.

No one is forcing you to get married. But if you are committed enough to sponsoring a person, thats a pretty serious committment. My personal opinion is that sponsorshiop is a much bigger commitment than marriage. If you apply common-law then you are basically married as far as the law is concerned anyway. So i am always baffled by people who will take on every legal committment of being married, PLUS the added commitments of sponsorship, but just dont want a marriage certifcate.

If you do get married you can either get married in mexico and apply outland, or get married in Canada and apply inland. If you are doing inland she should have a valid status when you apply, but after that technically it can lapse and she wont be deported until the decsion on the PR is made. (But you should always make every effort to remain in status even if you do apply inland).

For inland she wouldnt be able to work until you get AIP , and she wouldnt be allowed to leave Canada for any reason during the process. She should plan on remaining in Canada for 2 years without leaving (current wait times are only ~18 months) but that can change.

If you apply outland, she can stay in Mexico for the process and you can go visit her.

 

[Rob_TO]

I hope one day we do choose to become married however the whole point for us is we need to spend more time together to be able to figure that out

If you are still "figuring things out" with her, then you don't qualify to sponsor her under ANY family class category. Common-law is equivalent to marriage in the eyes of CIC, so if you don't even know if she is "the one" that you want to spend the rest of your life with, you should wait until you do know, get married, and then apply.

If you apply common-law then you are basically married as far as the law is concerned anyway. So i am always baffled by people who will take on every legal committment of being married, PLUS the added commitments of sponsorship, but just dont want a marriage certifcate.

1 year of living together is only "legally" common-law to some aspects of government like the CIC and CRA. In most provinces a couple isn't truly equivalent to a married couple (i.e. splitting assets, rights after separation, benefits upon death of 1 spouse, etc) until they have lived together 3 years. In other provinces (like Quebec) there is no legal definition of common-law so a common-law couple there has no legal rights.