How does the goverment expect people to continue relationships w/o marrying?

[toby]

Since we have a system whereby a new immigrant receives permanent residency immediately, I'm sure you can understand why boyfriends and girlfriends are not immigration candidates.

Warning: I'm harping on an old theme: the merits of a probationary system.

It is precisely because Canada insists on granting permanent residency immediately that so many problems arise.

Visa officers must be as absolutely sure about the immigrant's intentions as documentation allows them to be -- so they often err on the side of safety and deny visas to legitimate applicants whose documentation is less than perfect.

Boyfriends and girlfriends from different countries cannot live together, or spend considerable time together before deciding to marry, so some marry prematurely, only to find out that they aren't as compatible as they had thought. They made a major mistake because the system practically forced them to.

There are many problemms that could be solved by instituting a probation period -- time to let the people figure out for themselves whether they have a good relationshjip or not. If not, go back to the start, relinquish the Canada visa.

All exceptional cases could be adjudicated quickly in Canada, with fewer government person hours than the current system consumes.

 

[acer925]

The overstay does not prevent you from applying as common law partners.

Well I know I can apply but will that automaticaly or even really hurt my chances of getting the common law sponsorship? They say you must live together for one year, as in 6 monhs in one place and 6 in the other but I was in no situation to have her live with me, financially, and she was able to so I stayed with her for a year. Will they hold that against me?

 

[babynsx]

I agree with these comments 110% This is what we need to fix the mess our immigration process is in.

Warning: I'm harping on an old theme: the merits of a probationary system.

It is precisely because Canada insists on granting permanent residency immediately that so many problems arise.

Visa officers must be as absolutely sure about the immigrant's intentions as documentation allows them to be -- so they often err on the side of safety and deny visas to legitimate applicants whose documentation is less than perfect.

Boyfriends and girlfriends from different countries cannot live together, or spend considerable time together before deciding to marry, so some marry prematurely, only to find out that they aren't as compatible as they had thought. They made a major mistake because the system practically forced them to.

There are many problemms that could be solved by instituting a probation period -- time to let the people figure out for themselves whether they have a good relationshjip or not. If not, go back to the start, relinquish the Canada visa.

All exceptional cases could be adjudicated quickly in Canada, with fewer government person hours than the current system consumes.

 

[heatherusa]

Someone correct me if I am wrong (yeah like I need to say that) but if you are visa exempt and you have left and re-entered then you have extended your 6 month allowance each time you have re-entered, even if it was only for a few hours.

Anyone care to confirm or dispute?

 

[toby]

Someone correct me if I am wrong (yeah like I need to say that) but if you are visa exempt and you have left and re-entered then you have extended your 6 month allowance each time you have re-entered, even if it was only for a few hours.

Anyone care to confirm or dispute?

I believe you are correct, although a Visa Officer might judge at some point that you are using serial TRVs as de facto residence, and bar you, or issue a short-stay TRV.

Also, if you spend more than 183 days in Canada per year, you are considered a taxpayer and must file a Canadian tax return, declaring your worldwide income. You could offset any tax payable with tax already paid to another country (e.g. USA) with which Canada has a tax treaty. I suspect the process is burdensome, however, and you should consult a tax professional about this.

Jonboy knows his stuff on the tax issues.

 

[sogwap]

+1 for the comments by RobsLuv, Toby and others. If only I had know and realized what was to come. :'(

I've been here (in Canada) for about 15 months. I married my new Canadian bride shortly after coming here. I have no regrets. However the stress of immigration and especially the fact that it is illegal for me to work and support my new family has nearly broken our marriage.

Even though I've been here and we've been married for over a year I'm still technically a visitor, and not being able to work is unbelievable.

 

[rjessome]

Well I know I can apply but will that automaticaly or even really hurt my chances of getting the common law sponsorship? They say you must live together for one year, as in 6 monhs in one place and 6 in the other but I was in no situation to have her live with me, financially, and she was able to so I stayed with her for a year. Will they hold that against me?

Where does it say 6 months one place and 6 months another? Not true. Hold what against you? That she was in a better financial situation to support your living together? No, they won't hold that against you. If you meet the requirements of co-habiting in a conjugal (marriage like) relationship for 12 consecutive months, you can apply as common-law.

 

[acer925]

Where does it say 6 months one place and 6 months another? Not true. Hold what against you? That she was in a better financial situation to support your living together? No, they won't hold that against you. If you meet the requirements of co-habiting in a conjugal (marriage like) relationship for 12 consecutive months, you can apply as common-law.

Well according to the law, a visitor should not stay in Canada for more than 6 months, so I assume they expect people in a relatinoship to live one place for 6 months, then live in the other person country for 6 months. But like the other person said, if you exit Canada and re-enter does the 6 months reset? I am worried that the canadian goverment will hold against me the fact that I've stayed in the country for more than the 6 months and possibly make that the reason why they decline her sponsoring me as common law partners. thanks

 

[scylla]

Visitors can request extensions. Extensions allow you to stay longer than six months without having to leave the country.

http://www.cic.gc.ca/english/visit/extend-stay.asp

 

[scylla]

Sorry - ignore my reply above. I just read the first page and realized that you were aware that you could extend your stay but your girlfriend didn't want to do so.

 

[bobshynoswife]

Warning: I'm harping on an old theme: the merits of a probationary system.

It is precisely because Canada insists on granting permanent residency immediately that so many problems arise.

Visa officers must be as absolutely sure about the immigrant's intentions as documentation allows them to be -- so they often err on the side of safety and deny visas to legitimate applicants whose documentation is less than perfect.

Boyfriends and girlfriends from different countries cannot live together, or spend considerable time together before deciding to marry, so some marry prematurely, only to find out that they aren't as compatible as they had thought. They made a major mistake because the system practically forced them to.

There are many problemms that could be solved by instituting a probation period -- time to let the people figure out for themselves whether they have a good relationshjip or not. If not, go back to the start, relinquish the Canada visa.

All exceptional cases could be adjudicated quickly in Canada, with fewer government person hours than the current system consumes.

I totally agree with everything you wrote. A probationary system makes a lot more sense.

 

[BeShoo]

Someone correct me if I am wrong (yeah like I need to say that) but if you are visa exempt and you have left and re-entered then you have extended your 6 month allowance each time you have re-entered, even if it was only for a few hours.

Yes, every time you enter, a new 6-month period starts, unless you are specifically told otherwise. Actually, for Americans (and I guess, anyone visa-exempt) there is nothing I know of in the acts or regulations specifying "6 months" but that is the conventional way the border officers work, and that is normally the limit for visas. Also, there's an unwritten that if you spend more of the year in Canada than in some other country, you are living in Canada and just visiting the other country.

Anyway, if you haven't been told to leave, no-one will hold it against you that you stayed more.

 

[JimM]

Warning: I'm harping on an old theme: the merits of a probationary system.

It is precisely because Canada insists on granting permanent residency immediately that so many problems arise.

Visa officers must be as absolutely sure about the immigrant's intentions as documentation allows them to be -- so they often err on the side of safety and deny visas to legitimate applicants whose documentation is less than perfect.

Boyfriends and girlfriends from different countries cannot live together, or spend considerable time together before deciding to marry, so some marry prematurely, only to find out that they aren't as compatible as they had thought. They made a major mistake because the system practically forced them to.

There are many problemms that could be solved by instituting a probation period -- time to let the people figure out for themselves whether they have a good relationshjip or not. If not, go back to the start, relinquish the Canada visa.

All exceptional cases could be adjudicated quickly in Canada, with fewer government person hours than the current system consumes.

Very true, my fiance and I originally planned for me to come up on a work visa, (both her boss and her father's boss were willing to hire me), so we could spend time actually living together under real world circumstances before we married and applied for PR. Unfortunately the economy went sour and ruined those plans so now we're just going to roll the dice and hope we're as compatible in the long haul as we are over visits.

Yes you can stay for 6 months as a visitor but that's not financially viable for a lot of people and it's not a true indication of how things will be unless one of the people involved will be a stay at home parent/homemaker/etc. You need to see what happens when both of you have hell days at work and come home in lousy moods, how well you take it when your schedules get disrupted cause you have to share one car while the other is getting repaired, etc... Unfortunately the current system makes it impossible for a lot of couples to go through this and see if they have what it takes to hold together when things get rough...

 

[beauhoe]

Thank for the info. Heres the problem, I have lived in Canada with her for over a year without getting an extension or anything. At the time of 6 months, we considered applying for the extension but she was worried that they would reject it and make me go back. She was in no position to move to the states b/c she is a homeowner in Canada and had other obligations to be there. I am nota homeowner and had no obligations to be in the US. So now its been over a year and I dont believe we would be able to apply for common law because I overstayed.

Dear friend,
I am deeply sorry for your situation but through your message, you admitted your own mistake “Here is the problem; I have lived in Canada with her for over a year without getting an extension or anything. At the time of 6 months, we considered applying for the extension but she was worried that they would reject it and make me go back”. That was a big mistake that has nothing to do with CIC my friend. This is your life and your paper and no matter what, you should've take the matter in your hand and applied for your extension. Now, any second that you spend in this country is going against you and you have to react quickly before the worst quick in. Your girlfriend is a homeowner and for sure has a good job here in Canada making good money; she is in a good position to be your sponsor, according to you, what will be the possible reason for CIC to reject your application? None! I think the problem is not CIC but the decision that you and your girlfriend have made. I truly believe that your girlfriend loves you and would like you to stay with her but at the same time there are decisions and you guys are suppose to make the good one, however, apparently you decided not to choose the good one. I completely agreed that sometimes the system is not parfait but your case have nothing to do with the system it is just a negligence on your side.
Suggestions: The best way to do this will be to go back to the US and apply for PR. You will get your paper within a year mean while you will be allow to come and visit her time to time otherwise, you guys need to get marry but CIC is not going to forgive you your overstay. Go back and never claim your pass one year of your life is the best thing you can do my friend.
I hope that this help you find your feet on the ground.
Cheers my friend,

 

[acer925]

So if she sponsors me for common law would that allow us to both live and work in the states or would we have to stay in canada? like what's the differences between sponsoring a spouse and sponsoring for common law partners? thanks.