HELP! Allowed to Leave Canada form

[longobongo]

I started or well, resumed my old job today. This employer is willing to write a letter stating that I am employed and that I am permitted to take 5 days of unpaid vacation from April 30th until May 6th. It is also mentioned in the letter that I am expected to return to my position on May 7th. At the time of entry, I will have 2 pay stubs (however my employer only provides e-stubs), the letters from my employer, my notorized lease, the wedding invitation, a return ticket home, proof of medical insurance in my home country and enough money for my trip, the weekend (about $500). I am spending that weekend with the bride's family. Should they also write a letter explaining that they can support me as needed for that weekend? This all happened at such a bad time.. I really hope I can at least go to the wedding.. Is there anything else I can provide that would show strong ties to my home country? I know the officer who handled my case wrote up a report, but I don't know whether it was written that I have not provided sufficient proof of ties to my home country or if he wrote that I overstayed my visitor status? The way he explained it, I didn't technically have visitor status.. I was living in Canada without status, though unintentionally. Will this effect my potential to get into the country? Would it look better if he wrote that I simply didn't provide enough proof of ties? I'm not sure what to do... If I should attempt to enter or just wait a while longer.. Thanks everyone for all of your advice through this. I hope someone can answer my questions



edit: I'll also be travelling by greyhound, if this makes any difference whatsoever.

 

[txboyscout]

I started or well, resumed my old job today. This employer is willing to write a letter stating that I am employed and that I am permitted to take 5 days of unpaid vacation from April 30th until May 6th. It is also mentioned in the letter that I am expected to return to my position on May 7th. At the time of entry, I will have 2 pay stubs (however my employer only provides e-stubs), the letters from my employer, my notorized lease, the wedding invitation, a return ticket home, proof of medical insurance in my home country and enough money for my trip, the weekend (about $500). I am spending that weekend with the bride's family. Should they also write a letter explaining that they can support me as needed for that weekend? This all happened at such a bad time.. I really hope I can at least go to the wedding.. Is there anything else I can provide that would show strong ties to my home country? I know the officer who handled my case wrote up a report, but I don't know whether it was written that I have not provided sufficient proof of ties to my home country or if he wrote that I overstayed my visitor status? The way he explained it, I didn't technically have visitor status.. I was living in Canada without status, though unintentionally. Will this effect my potential to get into the country? Would it look better if he wrote that I simply didn't provide enough proof of ties? I'm not sure what to do... If I should attempt to enter or just wait a while longer.. Thanks everyone for all of your advice through this. I hope someone can answer my questions
edit: I'll also be travelling by greyhound, if this makes any difference whatsoever.

I don't understand why the officer said you have no status in Canada. You were LEGALLY admitted as a visitor, and while your true intention was not to visit, you were still in legal status. From your narrative, I just don't see when you had overstayed your visa. The officer had every right to decline your entry into Canada and he did so, but if he based it on your not having legal status that he was wrong. He may have written in the report that your genuine reason for entering was not to visit but to try and become common-law and that was the basis of his decision.

Again, no one here knows what the officer will do when you present yourself for entry into Canada the next time. You will just have to try and see.

 

[longobongo]

It took him explaining it a few times for me to really grasp what he meant, so I'm positive I understand what he was saying. His explanation was that, when you enter Canada as a visitor, if your intention is not TO visit, you're not a visitor. You're granted visitor status based on your intentions when you enter the country. Once you're in the country, if you are simply "living" in Canada, you forfeit your visitor status and you are simply with no status. I have exited Canada at least once every six months, because I was under the impression that I had to leave the country and re-enter the country to maintain my status as a "visitor" and that once I had lived with my partner for 12 months I would be granted common-law and be able to apply for permanent residency. I was told that visitor status is not a legal status to live in Canada, and since living is a requirement for common-law, it is not a legal means of achieve common-law... He mentioned that had my partner and I lived together while I had another status, such as a student visa or a work permit, we would be declared common-law, as I would be permitted to live in Canada. Admittedly, it's very confusing to me, and I'm very scared about breaking the law, and being denied entry again. I don't know if having multiple denials works against you in the end..

Thanks again for your responses. I guess it's just the nerves and anxiety causing me to ask the same questions over again.

 

[txboyscout]

It took him explaining it a few times for me to really grasp what he meant, so I'm positive I understand what he was saying. His explanation was that, when you enter Canada as a visitor, if your intention is not TO visit, you're not a visitor. You're granted visitor status based on your intentions when you enter the country. Once you're in the country, if you are simply "living" in Canada, you forfeit your visitor status and you are simply with no status. I have exited Canada at least once every six months, because I was under the impression that I had to leave the country and re-enter the country to maintain my status as a "visitor" and that once I had lived with my partner for 12 months I would be granted common-law and be able to apply for permanent residency. I was told that visitor status is not a legal status to live in Canada, and since living is a requirement for common-law, it is not a legal means of achieve common-law... He mentioned that had my partner and I lived together while I had another status, such as a student visa or a work permit, we would be declared common-law, as I would be permitted to live in Canada. Admittedly, it's very confusing to me, and I'm very scared about breaking the law, and being denied entry again. I don't know if having multiple denials works against you in the end..
Thanks again for your responses. I guess it's just the nerves and anxiety causing me to ask the same questions over again.

I understand what he was trying to so, but legally speaking you did nothing wrong. Yes, you are not suppoused to "live" in canada with visitors visa but if you decide to do this, it does not make you without legal status. Legally, you are still a visitor and have every right to be in Canada until your visitor status expires (6 months from the date of entry, or exit date stamped on your passport). So, if you are worried about illegaly presence, don't worry there was none.

 

[canuck_in_uk]

It took him explaining it a few times for me to really grasp what he meant, so I'm positive I understand what he was saying. His explanation was that, when you enter Canada as a visitor, if your intention is not TO visit, you're not a visitor. You're granted visitor status based on your intentions when you enter the country. Once you're in the country, if you are simply "living" in Canada, you forfeit your visitor status and you are simply with no status. I have exited Canada at least once every six months, because I was under the impression that I had to leave the country and re-enter the country to maintain my status as a "visitor" and that once I had lived with my partner for 12 months I would be granted common-law and be able to apply for permanent residency. I was told that visitor status is not a legal status to live in Canada, and since living is a requirement for common-law, it is not a legal means of achieve common-law... He mentioned that had my partner and I lived together while I had another status, such as a student visa or a work permit, we would be declared common-law, as I would be permitted to live in Canada.

Ignore what this officer told you, as he had no idea what he was talking about; it sounds more like he was trying to scare you. You did NOT forfeit your visitor status and were NOT illegally in Canada. As said above, technically you cannot "live" in Canada as a visitor; however, time in Canada as a visitor DOES count towards common-law. This is evidenced by the great many people on this forum that have successfully done just that and by the fact that CIC does grant visitor extensions so that people can become common-law.

The legal definition of common-law has nothing to do with a person's status in a country; it doesn't matter if you are a visitor, a student, a worker, or are actually illegally in Canada. If you cohabit in a conjugal relationship with your partner for a continuous year, you are common-law.

You could try to enter again in May; it sounds as if you will have good evidence of your US ties by then. Being refused entry as a visitor has no bearing on any future PR application.

 

[longobongo]

Thanks for your response UK Canuck. I guess what I am worried about is... I've done some reading and it seems "non-compliance of regulations associated with a previous visit to Canada," is a common reason to be denied entry, I assume disregarding the ties to their home country. I'm not sure if what I did was considered non-compliance...

Does being refused entry as a visitor have any bearing on trying to enter again as a visitor at a later date?

He wrote up a report about me, I just wish I knew what it said.

 

[canuck_in_uk]

Thanks for your response UK Canuck. I guess what I am worried about is... I've done some reading and it seems "non-compliance of regulations associated with a previous visit to Canada," is a common reason to be denied entry, I assume disregarding the ties to their home country. I'm not sure if what I did was considered non-compliance...

Does being refused entry as a visitor have any bearing on trying to enter again as a visitor at a later date?

He wrote up a report about me, I just wish I knew what it said.

Most likely, the report said something along the lines of "Living in Canada while only a visitor", only with a lot more words.

Unfortunately, being refused entry once will affect any further attempts to enter as a visitor. The officer will see the prior refusal and will look that much harder at your situation and will require that much more proof of your home country ties. It isn't impossible; others in your situation have been allowed to re-enter Canada. You just need to be very prepared.

 

[longobongo]

The officer was very polite to me, and he did say that he was being as gentle as he possibly could in the report. I was in tears and he brought me tissues and was just, very nice. I'm just wondering even if my ties to the United States are strong (I have found an apartment this evening, I'm hoping to establish and notorize a lease asap), would my ties be established for too short a period to be considered sufficient?

Also, I have entered into Canada numerous times where my passport was not scanned or stamped (and once, my passport wasn't even opened). Why does this happen sometimes?

 

[canuck_in_uk]

The officer was very polite to me, and he did say that he was being as gentle as he possibly could in the report. I was in tears and he brought me tissues and was just, very nice. I'm just wondering even if my ties to the United States are strong (I have found an apartment this evening, I'm hoping to establish and notorize a lease asap), would my ties be established for too short a period to be considered sufficient?

Also, I have entered into Canada numerous times where my passport was not scanned or stamped (and once, my passport wasn't even opened). Why does this happen sometimes?

No one can say for sure whether your ties will established enough or strong enough. The only way to know is to try.


It seems to be common for them to not stamp passports of visa-exempt people, especially Americans. I'm not sure why. Maybe it's just because border officers can be distracted or lazy too .

 

[longobongo]

Thanks again UK Canuck. I'm going to try again in 6 weeks and see. Hopefully with all the information I'll be providing I'll be permitted to visit for the weekend.

 

[longobongo]

Can anyone recommend how much money would be sufficient for a 5 day trip? I was thinking somewhere around $500.00. I will be staying with the bride's family, I can see about having a letter from them stating so, but I'm not sure how comfortable they would be with submitting their own bank statements. I would only be there for the 5 days, using the spare bedroom and some cereal. Thanks guys!

 

[canuck_in_uk]

Can anyone recommend how much money would be sufficient for a 5 day trip? I was thinking somewhere around $500.00. I will be staying with the bride's family, I can see about having a letter from them stating so, but I'm not sure how comfortable they would be with submitting their own bank statements. I would only be there for the 5 days, using the spare bedroom and some cereal. Thanks guys!

Definitely get a letter from them saying they will provide you with accommodation, food and transportation from X date to Y date. Without those main costs, $500 should be fine but it's another one of those things that no one here can guarantee.

 

[longobongo]

Would they have to provide bank statements? They're not supporting me long-term, just for a few days. I don't think they'd be comfortable having to provide bank statements...

 

[canuck_in_uk]

Would they have to provide bank statements? They're not supporting me long-term, just for a few days. I don't think they'd be comfortable having to provide bank statements...

The letter should be enough.

 

[longobongo]

Thanks for being so helpful. I'm just very nervous and anxious, etc. I apologize for repetitive questions or if I have been dense at all. Though I am a US Citizen, going through the US border has always been more nervous for me. The officers have treated me much differently, as if I'm a criminal. Canada's officers have always been very polite (which remained true when they denied my entry). It was very shocking when I was denied entry.

Thanks for helping me understand this. I'll post again if I have any questions, and if not I'll at least let you guys know the outcome