extending tourist visa for common law sponsorship

[al53]

I hope so much I can get some clear answers here. I searched all over and all seems so confusing.

My girlfriend is from the Phillipines and living there, I am in Canada a Canadian citizen.
We fell in love on the internet, never actually met but we know we want each other.
I cannot go to Phillipines plus she would prefer living in Canada. So we are planning this but i am unclear of some steps.
1. she visits me here on a tourist visa for 6 months.
2. we extend the tourist visa within 30 days of expiry for another 6 months.
My confusion is that you need to live together ONE YEAR to claim common law status and though the extension would be one year, wouldn't it be odd to state the common law started right at the beginning of her visit to canada?

Other confusions. Purpose of visit, is it ok to state visiting boyfriend or should it be just friend?
On extension application, would be ok to state reason for extension is that we are in a relationship and planning to apply for common law?

Don't understand how they expect you to live together in Canada for one year but yet only allowing 6 months on visa.

al

 

[scylla]

You must live together for one full year before you can be classified as common law. If she is able to come here as a tourist for six months, you can then extend her visit by another six months and indicate that you are requesting the extension to qualify for common law.

You should be aware that the chances of her being approved for a visit visa are likely extremely low. To be approved, she will have to demonstrate that she has strong ties to her home country and has no plans on remaining in Canada long term. For purpose of visit, I would avoid "boyfriend".

 

[al53]

Thanks for your help... but wouldn't i have to make things joint from the first day to be considered common-law after one year? Say we don't make anything joint till 3 months after living together, would the 3 months before count as common law living? If not that means would need 9 months extension to make one year - is that possible?

About her getting a tourist visa, she is from a poor family and doesn't even have a bank account but on the Visa site it days I can send a letter of invitation stating I will be responsible for her and use my own bank statements to show sufficient funds. Does this letter have to notarized?
Family ties.. lives with her parents, they have a house. Has a sister and brother. no kids.

All I know this is all sincere and genuine...

 

[scylla]

You should make things joint as soon as you can. However if you don't have everything joint from day 1 - you can have family and friends write notarized letters to confirm when you started living together.

I hate to say it - but based on the additional information you have provided, I think her chances of being approved for a visitor visa are pretty much nil. Yes - you can certainly include a letter saying that you will be responsible for all expenses (no - it doesn't have to be notarized). But there's a very good chance this won't help. You should brace yourself for the very real possibility that she won't be allowed to come.

You need to start putting together a Plan B and consider what you will do if her visitor visa isn't approved.

 

[al53]

You've been very helpful! I feel much clearer now on the situation. I don't know what to do about improving her chances of getting a visa. She does have strong emotional ties to her family, they are poor, and she gives have of her small pay to help her parents. And would continue to help them when in Canada. We would wire them funds when able. She only makes about 65 dollars a month, that's how poor.
I know it helps to show a job to go back to but with her type of work, no way. Too expendable
If rejected, can it be appealed or can she try again without paying again?

 

[scylla]

If the TRV is refused, she can certainly apply again - but will have to pay the fee again each time she reapplies (there are no freebies). The only appeal process available will require a lawyer and cost you a few K. I wouldn't recommend appealing if she's refused. Based on the information you have provided, it will be extremely easy for CIC to prove that she was refused on reasonable grounds.

 

[al53]

Would it her chances be any better if she applied for a multiple entry visa instead of single? Wouldn't that show intentions of leaving and coming back as a visitor?

 

[scylla]

Higher chance if she applies for a single IMO.

I'm assuming she has either never traveled outside of her country or has traveled very little - and never to a North American or European Country. If so, it's going to see awfully suspicious to CIC that someone with no/limited travel history and low funds suddenly wants to visit Canada multiple times. It's a pretty easy leap for CIC to figure out that she probably has someone here she's interested in pursuing a relationship with. The next logical assumption is that she's really not a tourist (i.e. not someone who purely intends to visit to see stuff and leave) - but someone who has intentions of remaining in Canada long term if everything works out.

They will probably assume all of this based off the single visa anyway. The multiple makes it that much more obvious. Again IMO.

 

[al53]

I see now, yes that makes sense that would be even harder with mutliple visa considering how poor and no travel experience.

I spoke to her about this and she said she can get the mayor of her town to write a letter to explain her family ties more and to say that she will be returning. I assume that should really help.

I also see she would need a medical and police clearance. The medical I know she can do here, we have an immigration approved doctor here. But how would she get the police clearance while in Canada? Can it be done online?

 

[scylla]

Familiarize yourself with the CIC web site. There is a great deal of information there that will be important for the process you're starting on. Police certificate information can be found here:

http://www.cic.gc.ca/english/information/security/police-cert/index.asp

I honestly wouldn't bother with the letter from the town mayor. It's unlikely it will help - if anything it might harm since it will look like she's trying pretty hard to get here. From CIC's perspective, she really doesn't have family ties back home. CIC typically classifies family ties as leaving your spouse and/or children behind while you travel. If someone leaves their spouse and children behind, it's pretty definite they're going to return home. Many people leave their parents and siblings behind when they migrate to new countries (your girlfriend will do this if she ends up staying in Canada with you permanently). For this reason, parents and siblings aren't strong ties.

 

[al53]

Do Affidavits carry any weight when applying for visa? She lives in a house that was family built and no registration or anything was required
The parents are willing to make it hers because she is caring for them. Would an affidavit to show she owns a house help?

 

[scylla]

Do Affidavits carry any weight when applying for visa? She lives in a house that was family built and no registration or anything was required
The parents are willing to make it hers because she is caring for them. Would an affidavit to show she owns a house help?

Sorry - I don't know. Hopefully someone else will be able to help.