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Girlfriend is in a troubled spot

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nocturnalcanadian

Newbie
Nov 25, 2022
4
0
Hi all,

My girlfriend has been staying with me and intends to immigrate.
January 13th she moved in with me.
June 28th she left for france for a week
November 8th she left again for a bit over 2 weeks.
she just got back today and the border officer said she's trying to stay illegally and said she can only stay until January 11th.
We were planning on applying for commonlaw and PR January 13th.
We're not quite sure what to do from here.
 
What was her status?
 
nocturnalcanadian said:
Hi all,

My girlfriend has been staying with me and intends to immigrate.
January 13th she moved in with me.
June 28th she left for france for a week
November 8th she left again for a bit over 2 weeks.
she just got back today and the border officer said she's trying to stay illegally and said she can only stay until January 11th.
We were planning on applying for commonlaw and PR January 13th.
We're not quite sure what to do from here.
Click to expand...

Stick with your plans. It's not so much that she's trying to stay illegally and the fact that is looks like she is using her eTA to live in Canada which technically isn't allowed / is frowned upon by CBSA.

Apply for an extension to her stay before January 11th and then submit the common law sponsorship application as soon as you're able after Jan 13th. Avoid further travel outside of Canada for now and make sure you put together a strong application (i.e. have several pieces of evidence that date back to Jan 13 last year and show the full year of cohabitation).
 
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scylla said:
Stick with your plans. It's not so much that she's trying to stay illegally and the fact that is looks like she is using her eTA to live in Canada which technically isn't allowed / is frowned upon by CBSA.

Apply for an extension to her stay before January 11th and then submit the common law sponsorship application as soon as you're able after Jan 13th. Avoid further travel outside of Canada for now and make sure you put together a strong application (i.e. have several pieces of evidence that date back to Jan 13 last year and show the full year of cohabitation).
Click to expand...

thanks this is what I think we'll do.
 
hamgha said:
So it's not on a rolling basis? Everytime she leaves it resets?
Click to expand...

Not on a rolling basis. Yes, it essentially resets.
 
hamgha said:
and how are they not considered tax residents after spending more than 180 days, which is the case for most countries everywhere. i have to look into this further
Click to expand...
Why?

She was in Canada for approximately 5 months, then visited France in June. [Not 6 months in Canada]

She returned to Canada in early July, but left again on November 8th. {Again, not 6 months in Canada]

She has now returned, so...what do you need to know?
 
hamgha said:
and how are they not considered tax residents after spending more than 180 days, which is the case for most countries everywhere. i have to look into this further
Click to expand...
what is the relevance between tax resident and an immigration case ...obviously none ...in this case
 
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