How frequently can my U.S. partner visit Canada while waiting for PR??

[Pollen]

Typically you're not allowed to stay in Canada for more than 6 months out of the year. It is the same when visiting the US. So 80% of his time in Canada without a Visa. Not gonna happen. If he gets turned back at a border he could get locked out of Canada for 2 years and your PR application goes down the toilet so be careful.

 

[Leanneart]

Not sure if this will help but I am from a non visa exempt country i.e. i need a visa to enter Canada as a visitor. My partner is sponsoring me and I am currently in Canada as a visitor. We have entered Canada twice while we have been waiting for my PR. The most recent entry was this last Sunday. We have had absolutely no issues entering on both occasions. I was almost disappointed that they were so relaxed about my entry because we had prepared so much. On Sunday i was asked one question, actually more like a statement from immigration "Will you be applying for an extension as your visitor allowance is only 6 months" I said no, that i will be leaving Canada for another holiday in December and that was it.

Be prepared, be honest and I am sure everything will be fine.

Thank you so much for your responses! Apologies for my post just popping up randomly at the end of this thread, I was trying to reply specifically to the post above from TorontoEH! I'm new to forums : But I really do appreciate the help!

If I was to go to Canada on a visitors visa, with the intention of applying for a common law visa from there, should I explain my plans to border control when I get to Canada?? I'm worried that if I don't they'll be suspicious of a six month stay, but if I do they might think I intend to stay illegally, which I definitely would never dream of doing in case it damaged my chances of moving there! And if they ask me if I plan to extend my stay should I say yes?

Alternatively, would it be better to submit the application from the UK, then try to visit for 6 months (with a view to extending) and taking evidence of my application with me to show border control?

Thank you

 

[andrew-brit]

Whatever you do, if you come to Canada be honest to the officers.

A lot of them are aware that you may stay for 6 months and then extend. They call it "the 6 months thing".

If you apply before you come to Canada, bring proof that you have applied, but also bring proof you have ties to the UK (work contract, lease agreement for your property/lease in the UK, etc).

 

[rhcohen2014]

Typically you're not allowed to stay in Canada for more than 6 months out of the year. It is the same when visiting the US. So 80% of his time in Canada without a Visa. Not gonna happen. If he gets turned back at a border he could get locked out of Canada for 2 years and your PR application goes down the toilet so be careful.

actually, this isn't quite true at all.

1)while border control won't allow a person in Canada on a single visit for more than 6 mo, that doesn't mean a person can't stay in canada for longer than that legally as a visitor. All they would need to do is apply to extend their stay as a visitor, and request the amount of time you want. Generally, when people are trying to become commonlaw or applying for PR, they are successful in getting 12 month extensions.

2) visa exempt applicants don't require visas to enter canada. they simply go to the border and ask for entry. at times, some people are given "visitor's records" which helps CBSA track entry and exit, though it is not a visa. Neither are extensions.

3) Exclusion orders (what are given to people who CBSA has a concern about) are not 2 years long, and i believe the other option for keeping someone out of canada (besides a lifetime ban) is 3 years - so I'm not sure where you are getting this 2 year thing? Exclusion orders are 1 year, and having one on your record does not negatively affect the outcome of a PR application. I received an exclusion order before, and i had no issue getting my application approved. Never had to supply additional information, and didn't have an interview. Actually, applying for PR is what a person is SUPPOSE to do if they are given an exclusion order and they want to come to canada legally to be with their spouse. Getting an exclusion order is CBSA's way of saying "you put the cart in front of the horse, so we won't let you in again until you do it the right way." If a PR application is submitted before an exclusion order is expired, then most likely the application will not be processed until the exclusion order expires. THAT is the ONLY way an exclusion order affects pr processing. An exclusion order does NOT cancel out the PR application nor doesn't it make the application "go down the toilet".

 

[scylla]

Typically you're not allowed to stay in Canada for more than 6 months out of the year. It is the same when visiting the US. So 80% of his time in Canada without a Visa. Not gonna happen. If he gets turned back at a border he could get locked out of Canada for 2 years and your PR application goes down the toilet so be careful.

Yes - I disagree as well. Not saying this is feasible for everyone - but it's definitely doable for some. My husband spent 80-90% of his time in Canada for three years before becoming a PR. He typically traveled in an out of Canada about twice per month. I know others who have successfully done the same (all Americans).

Also, exclusion orders are 1 year - not 2. Bans for misrepresentation are 2 years.

 

[Pollen]

Well when I spoke to the border agents that is what they said, I may have had the amount of years wrong but once you spend over 6 months in Canada you technically "reside" there. My point was if you want to just come and go willy nilly without filling out any forms, applying for a visa or a visitor extension it isn't going to happen and it's going to look really bad. The immigration office on Ottawa also spoke to me about my husband coming to visit and explained these things as well. Whether or not to let someone into the country is really up to the border agent. If people want to risk their applications because they don't want to apply for visitor visa's and stuff fine that is your buisiness but I sincerely hope they understand the risk.