how to cancel a visitor record for my now illegal ex common-law partner?

[leo9379]

I'm in Canada with a valid work permit and recently got separated from my common-law partner, I sponsor her to come to Canada but now she is illegally staying in the country as our relationship is over my sponsorship should be cancelled, and she probably is working illegally too, how can I cancel her visitor record to avoid harm my own legal status?

first thanks to all the people who reply, she has a 5 years visitor visa that allows her to come as a tourist , then I got her a visitor record (as my common-law) that allows her to live in Canada until an specific date (cannot say but is due next year very soon) still she can't have a drivers license or a SIN number only health care which I paid for, now she could have the visitor record cause we were in common-law partnership this means her visitor records expires once our relationship was over still she can apply to stay for a while as a tourist or get her own work permit or visitor record which is hard if she can't work here legally, right? she is being here almost two months now (how is she affording her living here?) and how is she paying for any process she want to make? thats why I'm concerned about her working illegally here cause I was the one who sponsor her visitor record as a common-law. In my understanding she should go back to her country (she is not US citizen) and get her process done you name it visitor record or work permit (visitor record does not allow her to work)

 

[SenoritaBella]

People with work permits can not sponsor spouses/dependent children. Only permanent residents and Citizens can.

It seems what you mean is that you invited her to Canada and she was able to get a visitor visa/record. If this is correct, she is free to stay in Canada as long as she renews her visitor visa/record. If she's caught working illegally, she could be deported.

You can inform CIC that the relationship has ended, if it will give you peace of mind. Also note the date it ended and be sure to adjust your marital status with Revenue Canada when you file taxes and also on any documents (Wills, pension plans, beneficiaries, etc). There is no harm to your legal status.

 

[leo9379]

yes she is on a visitor record and I invited her to come to Canada as my common-law partner and as far as I now only me can renew her status unless she gets her own LMIA wich she can't have because she has no skills and she does not speak english at all, I just don't want to affect my status because she is staying here and breaking the law.

 

[Aquakitty]

yes she is on a visitor record and I invited her to come to Canada as my common-law partner and as far as I now only me can renew her status unless she gets her own LMIA wich she can't have because she has no skills and she does not speak english at all, I just don't want to affect my status because she is staying here and breaking the law.

She's not breaking the law, you have nothing to do with her status as a visitor in Canada directly, you don't sponsor someone as a visitor. You may have helped her get approved somehow but that doesn't matter once she's here as a visitor.

LMIA's are for work permits, not for visitor records. Does she have a visa or a record? There is a huge difference there. Regardless it will have no effect on you even if she stays here past the expiration. That's on her only.

 

[SenoritaBella]

The previous poster makes a good point.

If she`s on a visitor record(sometimes given to visa-exempt applicants like US, UK citizens), she can stay legally for up to 6 months at a time. She can leave after that and re-enter and it resets the 6 months again, or apply for an extension.

If she`s on a visitor visa however, it has an expiration date. She must leave Canada by that date or apply to renew it before it expires.

Either way, her status is now between her and CIC. Only CIC can decide to renew it or to take action against her if she breaks the law. Just try to move on with your life.

 

[canuck_in_uk]

If she`s on a visitor record(sometimes given to visa-exempt applicants like US, UK citizens), she can stay legally for up to 6 months at a time. She can leave after that and re-enter and it resets the 6 months again, or apply for an extension.

If she`s on a visitor visa however, it has an expiration date. She must leave Canada by that date or apply to renew it before it expires.

Not quite correct in the terms used.

A Visitor Record can be valid anywhere from a few weeks to a few years. It is not automatically 6 months. If she has a VR, she can stay as long as it's valid.

A visitor visa has nothing to do with stay. It simply allows a person to board a commercial carrier to Canada.

Visitor status granted by CBSA on entry is usually 6 months. If that is what she has, she can either leave at the end of her approved stay or apply to extend her stay.

 

[SenoritaBella]

To clarify about visitor visas: Applicants who need a visa to visit Canada get a temporary resident visa(TRV) with status being "visitor". This visa serves as both their status document and also enables them to travel. If they wish to stay beyond the expiration date, they must apply for an extension. Otherwise, they will be in the country illegally.

I think you may be mixing things up with study/work permit holders who in addition to their permit also get a TRV with status being "student" or "worker". For them, the permit confers legal status and their TRV enables them to travel and re-enter Canada. They can remain in Canada legally with a valid study/work permit even if their TRV has expired (visitors don't have this option).

I used to have study and work permits before. I did not bother renewing my TRV unless I planned to travel.

Not quite correct in the terms used.

A Visitor Record can be valid anywhere from a few weeks to a few years. It is not automatically 6 months. If she has a VR, she can stay as long as it's valid.

A visitor visa has nothing to do with stay. It simply allows a person to board a commercial carrier to Canada.

Visitor status granted by CBSA on entry is usually 6 months. If that is what she has, she can either leave at the end of her approved stay or apply to extend her stay.

 

[canuck_in_uk]

To clarify about visitor visas: Applicants who need a visa to visit Canada get a temporary resident visa(TRV) with status being "visitor". This visa serves as both their status document and also enables them to travel. If they wish to stay beyond the expiration date, they must apply for an extension. Otherwise, they will be in the country illegally.

I think you may be mixing things up with study/work permit holders who in addition to their permit also get a TRV with status being "student" or "worker". For them, the permit confers legal status and their TRV enables them to travel and re-enter Canada. They can remain in Canada legally with a valid study/work permit even if their TRV has expired (visitors don't have this option).

A TRV merely allows a person to board a commercial carrier to Canada and has nothing to do with entry or status. Visitor status is granted AT ENTRY by CBSA.

I'm not mixing anything up. My previous post used the correct terms.

 

[SenoritaBella]

Sounds like you have never applied for a TRV before. Visa exempt applicants (e.g. US citizens) have the possibility of receiving a Visitor Record at the border. Though not common, it happens sometimes if the border officer has concerns about possible overstay, etc.

Here: http://www.cic.gc.ca/english/information/applications/guides/5256ETOC.asp
`What is a Temporary Resident Visa?

A Temporary Resident Visa (TRV) is an official document issued by a Canadian visa office that is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident (either as a visitor, a student, or a worker).

Important information: You must obtain a Temporary Resident Visa (TRV) before your departure. You cannot obtain one upon arrival in Canada.

Here: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=1016&t=16
How long can I stay in Canada as a visitor?

Starting March 15, 2016, visa-exempt foreign nationals who fly to or transit through Canada will need an Electronic Travel Authorization (eTA). Exceptions include U.S. citizens and travellers with a valid visa. Read about the changes and how they may affect you.
A border services officer at the port of entry in Canada will determine how long you can stay in Canada. Most visitors are allowed a six-month stay from the day they entered Canada. If the officer authorizes a stay of less than six months, they will indicate in your passport the date by which you must leave Canada.

If you want to stay longer than your authorized stay, you should apply for an extension at least 30 days before the authorized end of your stay. `

Do you now see a TRV is more than a means to board a commercial carrier to Canada? Why would CIC require visitors to apply for an extension if they want to stay longer? Because not doing so will mean they are in the country without legal status.

A TRV merely allows a person to board a commercial carrier to Canada and has nothing to do with entry or status. Visitor status is granted AT ENTRY by CBSA.

I'm not mixing anything up. My previous post used the correct terms.

 

[sashali78]

Actually you are wrong here again SenoritaBella and Canuck is right. Visitor visa for Canada, same as for the USA, gives you the privilege and ability to stand in front of the border agent who can admit or refuse your entry to the country. There is nothing in TRV or US visa that entitles or guarantees your entry into the country, the type and duration of your stay is ultimately decided at the border by the border agent.
A few examples can be a visitor record to shorten your stay, some additional conditions or change of duration imposed on your study or work permits, and etc. Even in the well known case of COPR, the border agent (CBSA and not CIC) is the one granting you your PR status (or not).

 

[SenoritaBella]

Ofcourse we all know that CBSA makes the final determination at the port of entry but that`s not what being discussed though.

Actually you are wrong here again SenoritaBella and Canuck is right. Visitor visa for Canada, same as for the USA, gives you the privilege and ability to stand in front of the border agent who can admit or refuse your entry to the country. There is nothing in TRV or US visa that entitles or guarantees your entry into the country, the type and duration of your stay is ultimately decided at the border by the border agent.
A few examples can be a visitor record to shorten your stay, some additional conditions or change of duration imposed on your study or work permits, and etc. Even in the well known case of COPR, the border agent (CBSA and not CIC) is the one granting you your PR status (or not).

 

[canuck_in_uk]

What is a Temporary Resident Visa?

A Temporary Resident Visa (TRV) is an official document issued by a Canadian visa office that is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident (either as a visitor, a student, or a worker).


Do you now see a TRV is more than a means to board a commercial carrier to Canada? Why would CIC require visitors to apply for an extension if they want to stay longer? Because not doing so will mean they are in the country without legal status.

No, it is not anything more. CIC requires visitors to extend their VISITOR STATUS, nothing to do with a TRV.


TRV = stamp allowing person to board commercial carrier to travel to Canada

Visitor Status = actual status in Canada granted by CBSA on entry to every single visitor regardless of being visa-exempt or not

Visitor Record = a controlled stay of anywhere from a few weeks to a few years that can be given to both visa-exempt and non visa-exempt, granted by CIC when extending visitor status and occasionally given by CBSA on entry


I really don't know what part of this you don't get, especially when you quoted the very definition of a TRV above.