Gathering up information for myself, could use experienced help!

[scylla]

So as I understand it, it is in fact difficult to get a work visa. He says he's seen plenty of foreigners working and living in Canada unskilled. How did they get there?

There are a number of possible answers:

- they obtain an approved LMO and work permit for an unskilled position
- they have an open work permit because their spouse is in Canada on a skilled work permit
- they have an open work permit because their spouse is in Canada on a study permit
- they have an open work permit because their spouse is in Canada on a post graduate work permit
- they have an open work permit because they were sponsored by their spouse inland and have received first stage approval
- they're here through the working holiday visa program (IEC)
- and more...

 

[MountainVistas]

Don't worry, he's not being lazy. ;D I handle the Internet sleuthing because I'm generally better at it, and he makes all the calls and usually handles practical arrangements because I'm nervous on the phone. He was being idealistic about work visas, I was being practical. He was hoping there was a way for me to stay there ASAP that also allowed me to work that didn't compromise our cultural traditions and romantic ideals and such.

Thank for the information on work visas.

Another question: did I read right that spousal visas generally take about a year or more to go through? A what are the official ways to ask for an extension to my visit?

 

[amikety]

That was my thought on the matter--work visas seem unlikely in my situation unless I were a gold plated astronaut-millionaire.

In your opinion, amikety, why is it better to come in as a visitor? Also, are there official channels to allow them to prolong the visitor stay, or do I park my butt? Once that year has passed, what exactly should I do?

Of course you can extend your stay. In fact, it's very important to do so. You do this by filling out an application online, mailing in a paper application, or going to the border to "reset" your status (get a new passport stamp or potentially a Visitor's Record.) A "VR" (Visitor's Record) is what you get if you file by mail or online (and are approved).

I'm currently on my third Visitor's Record without ever leaving Canada. I did all my applications online. I got 6 months, 1 year, and 14 months extensions. (The time length is at the discretion of the IO - Immigration Officer - that handles your file, but you can ask for time and explain why you want X months.)

You will need to extend your stay by month 5 (unless you go to the border, then you can wait closer to month 6). Your passport stamp is valid for 6 months. It's very important to make you sure apply before your status expires so you can legally remain in Canada. Even if your extension isn't approved, you are allowed to legally remain as a visitor until a decision is made (DM - decision made) on your visitor extension. So if you apply for an extension 1 month before your status expires, but it takes them 3 months to process, you are still legally a visitor under "Implied Status" until DM.

As far as how to successfully get approved, there are two big things to address:

1) How are you supporting yourself.

CIC doesn't want people working illegally/under the table/cash jobs, etc. (That can get you deported and given a one year exclusion order if you get caught.) If your boyfriend is working, the easiest thing to do is include copies of his paystubs for proof of financial support. I always included 3 paystubs from 3 separate months. You can also include savings account statements (3 months or better showing a consistent balance) but only if this is significant - I. e., 2K per month or better for the length you are asking to extend your stay. You can also ask for support from family. Just as an example, if you will be living with his parents, his mom or dad could write a letter offering you free rent and food ("room and board") at their home.

There is no minimum figure I can quote you as far as how much he should make, but you can review the Low-Income Cut Off (LICO) for the SuperVisa program for a reference. It's not perfect, but it will give you a ball park figure if you're concerned about his pay meeting requirements. (SuperVisa is a program for parents to visit, but it contains dollar amounts CIC feels are reasonable for a family of X people. It shows gross income - before taxes.)

http://www.cic.gc.ca/english/information/applications/guides/5256ETOC.asp#incometables

I always used 3 paystubs and only 3 paystubs. Approved every time without any need for additional documents/interview.

2) Reason for wanting to stay in Canada.

I say be honest. I was. I told CIC my then-boyfriend wanted me to stay with him until we could save enough money for a wedding or qualify as common-law. Part of the success here is to make sure the IO understands the Canadian citizen wants this. Use "we" a lot in your statements. You can write something like: "My boyfriend (a Canadian citizen) would like me to stay with him in Canada until we can qualify for common-law status. He doesn't want me to leave." Yeah, I actually told Immigration that.

Some people aren't comfortable telling CIC that much. They prefer to say they are continuing their visit or want to sight see more. I saw decide what makes the best sense to you. Some people will also tell you my advice above is a death trap but clearly it's not. Anyway, if you apply with some guy's paystubs as proof of support, CIC will put two and two together.

Okay.... long post. I can't guarantee 100% that will work. No one ever can. But I can tell you following this advice has worked for me and several other users. Just make sure you address the two main points logically and have proof to back them up. CIC is fairly lenient on Americans, so try not to stress too much.

 

[amikety]

Don't worry, he's not being lazy. ;D I handle the Internet sleuthing because I'm generally better at it, and he makes all the calls and usually handles practical arrangements because I'm nervous on the phone. He was being idealistic about work visas, I was being practical. He was hoping there was a way for me to stay there ASAP that also allowed me to work that didn't compromise our cultural traditions and romantic ideals and such.

Thank for the information on work visas.

Another question: did I read right that spousal visas generally take about a year or more to go through? A what are the official ways to ask for an extension to my visit?

Hmm I wish mine would make the phone calls. I hate the phone.

You can look into work options, just be careful because sometimes CIC can construe looking for work as working. I wouldn't tell them you want to find work at the border. Do not "try out" any jobs without a work permit. To get a good idea of what types of jobs are available to apply for, go to Kijiji (www.kijiji.com), input his Canadian city, then go to "Jobs." Type in "LMO" in the search field and see what comes up. I bet you'll find a lot more people begging for a LMO job than jobs available.

Ottawa (the American visa office, which is in Canada for some reason) posts times of 12 months. That means 80% of complete applications are processed in 12 months or less. Many applications are processed faster. It seems 7 months is about "normal" for most applicants. The spreadsheet for Ottawa is in my signature. You can take a look if you'd like.

 

[MountainVistas]

But aren't I entering the border under false pretenses then? I mean, what do I say coming in to the border? I'm not worried about him being able to support me, but you think they wouldn't have minded me coming in as a visitor in the first place, since he offered to support me then, too...

You've been crazy helpful. I'm so glad you decided to tell me all that, and don't worry about the wall of text, your information is a lot more direct and informed then what I've been piecing together on Canada's site (it feels like half the links are dead!).

 

[amikety]

But aren't I entering the border under false pretenses then? I mean, what do I say coming in to the border? I'm not worried about him being able to support me, but you think they wouldn't have minded me coming in as a visitor in the first place, since he offered to support me then, too...

You've been crazy helpful. I'm so glad you decided to tell me all that, and don't worry about the wall of text, your information is a lot more direct and informed then what I've been piecing together on Canada's site (it feels like half the links are dead!).

You are allowed to say you're visiting without elaborating. They may ask where, who, how long, and if you have funds available. If they ask about the previous refusal, tell them your plan - you were going to move to Seattle to be closer if you got on.

Honestly, you probably ran into the wrong CBSA agent at the wrong time. Hopefully you'll get a nicer CBSA agent next time. Or at least one that's more sympathetic.

Now, if you want to be 100% forthright at the border - you certainly can. But it's also going to raise a lot of red flags. However, if he enters Canada with you, he can tell the IO the same thing and have a much better chance for success. CBSA agents are much more forgiving to the Canadian citizen than a foreign national. So if omitting fact is a lie by omission to you & you aren't comfortable with it, consider having him cross into Canada with you. Make sure he brings proof of financial support because the CBSA agent may want to see it.

Still, telling any CBSA agent your plan has a chance for failure. With immigration, very often less or more. So you need to weight your options and decide where you fit into that scale.

Personally, both times I told the IO I was visiting family - my husband's family - didn't mention that second part. When I applied for my extensions for visitor status and my PR, CIC never questioned my original entry into Canada. They never came back and said "Hey, I thought you were visiting family."

Or as I tell others, tell the CBSA agent you're visiting your best friend. That is what our spouse is, after all.

You can also purchase a refundable airfare ticket for a return flight. (Or buy super cheap tickets on Priceline, so it doesn't matter if you don't use it.) That way you can produce proof you plan to leave after so long. Make it 2 weeks - and that also gives you a safety net just in case. Not wishing bad things, but the just in case is always good to have. But things will go wonderfully and you can return the ticket for a refund (you'll pay a small surcharge, but get the majority of the money back). Just take a copy of your travel itinerary with you showing you bought a to and from ticket.

 

[MountainVistas]

First, I'd like to say you've been so friendly and helpful, it's been a huge relief. I wish I had talked to you before planning this whole thing out!

I think I'm going to go with the common law visa, and see if I can't work out a visitation. The worst that can happen is I'm sent back and we go for a spousal one anyway.

I do worry about the visitation because the agent didn't accept that he was willing to support me when she brought up funds, as he wasn't my spouse and I wasn't his dependent, so might that be an issue? The biggest thing is that the inadmission is going to show, and they will ask about that. I worry about seeming as if I'm lying, but at the same time, it's really nerve-wracking that so many plans are totally reliant on whether or not they choose to believe me. He did enter Canada with me the last time and that wasn't any help (in fact, I think that might have sent a red flag up, in that they knew he was a reason for me to stay there, instead of moving on).

Is it possible for me to request the record and what they wrote down about me and why I was inadmissible?

 

[canadianwoman]

I think I'm going to go with the common law visa, and see if I can't work out a visitation. The worst that can happen is I'm sent back and we go for a spousal one anyway.

Try to enter Canada again as a visitor. Since your boyfriend was with you last time and it didn`t work, try it on your own this time. Get proof of your ties to the USA: a rental agreement with your sister, or a lease, proof of funds, proof of a job. Usually people are not asked for this, but since you were last time you should have something. Then at the border, if asked, just say you are going for a visit. Say for a month, or even less. If you have a return ticket, that would be great (if flying; if by bus you wouldn`t usually have a return ticket of course.) Usually Americans are just let in, which means they have 6 months. You can then apply to extend this at about the 5-month mark. If the border agent gives you less time, you can still apply to extend it. If they don`t let you in at all again, then I would just have your boyfriend come to Alaska and marry you. Unless he could come to the States for a year on some kind of work permit. You have to live together for a year before you can apply for a PR visa as a common-law partner.

Once you are married, he can apply to sponsor you as his spouse. And once you have sent in your application, it will be easier for you to enter Canada - you show up at the border, say you are just visiting, have sent in a spousal-based application for a PR visa, know you have to leave Canada if it is refused - most people on this forum who have done this have been let in, as a visitor.

Is it possible for me to request the record and what they wrote down about me and why I was inadmissible?

Your boyfriend can make a request for your FOSS notes. You will have to sign a paper making him your representative. It is not really necessary though - they didn`t let you in because they didn`t believe you would leave.