Kiwi moving to Canada

[KiwiChick]

Firstly, hallelujah I've found this forum. Getting a straight answer out of CIC has been nightmarish.
I am in the process of moving to Canada to live with my partner. We first met in 1989 when I was an exchange student in Ontario. We have both been married and now divorced with others. In recent years (5) we have supported one another through our divorces and have been in a long distance relationship for the last 2, visiting one another on 3 occassions in the last year.
I've recently attained full custody of my youngest (7) and my ex has agreed for me to relocate to Canada with him. Our oldest is fully independent and has no desire to move to Canada, now or in the future.
I thought, based on the CIC website, that my partner would be able to sponsor us under the conjugal status. However, it appears from a previous posting I've read that it is near on impossible to get in under a conjugal relationship as I would not have any immigration barriers as a NZ citizen.
As mentioned above, we are both divorced and have no desire to marry again. However, we do want to enter a long term relationship together.
1. It appears the only option available is for us to apply for permanent residence is under common law and we need to be in a common law relationship for more than 12 months?
2. I and my son would need to enter Canada under a visitors visa? A visitors visa is valid for 6 months only and then we need to leave the Canada to reapply or are we able to apply for an extension while we are there?
3. Would my son need to have a student visa to attend a Canadian school?
I'm in the process of selling my home and resigning from my job to be able to move to Canada...we'd need the funds from the sale of the home to contribute if I can't work immediately.
Any help/direction would be appreciated.

 

[scylla]

Correct - conjugal won't work for you since you face no barriers to becoming common law or getting married. So your options are to get married and start the sponsorship process immediately - or live together for a year first to qualify for common law sponsorship.

You would come as visitors using your NZ passports. You can apply to extend your stay from within Canada. Note that you should be careful you look like temporary visitors to Canada rather than individuals who are trying to permanently relocate. Make sure you have return tickets, haven't packed like you're moving, etc. As of now you are not allowed to "move" to Canada.

Your son will need a study permit to attend school and you should expect to pay tuition around $13K per year for him to attend a public institution.

 

[KiwiChick]

Thanks for the response scylla.
So how do you prove you've been in a common law relationship when you have to look like temporary visitors each time you come into the country?

 

[Alurra71]

Once you are inside of Canada, you can apply to extend your visitor status online. You would not need to leave Canada to do this. If you are approved, you can then continue to remain inside of Canada without having to leave. The only way you would need to leave Canada is if they refused your extension. Then you would need to resolve your status again (by leaving Canada) and then returning. Please note that even though you are visa exempt it is up to each individual CBSA officer if they choose to let you back into the country or not. It is never a guarantee.

You would prove your 12 months of cohabitation (needed for common law) by having rent/lease in both of your names. Bills that come to the same address with both of your names, sharing checking/savings accounts being on each others insurance policies, things of that nature. The key here is to show CIC that you both live in a marital type relationship. Keep up with proofs and pictures and things like that through this entire time so you will have it when the time comes.

When you come to Canada for the first time, do NOT tell CBSA that you have retired from your job and sold your home, that will be the best way to guarantee they send you right back to NZ immediately. It is quite important that they believe you are only a visitor and will leave after your allotted time to visit. Return tickets back to NZ (they can be refundable) and some sort of proof of ties back to NZ might be needed to convince them that you are not at risk to overstay. Showing up with a ton of stuff and a cargo ship behind you is not going to get you far. You should store the 'bulk' of your belongings and only enter with what you will absolutely need to 'survive' while you wait to file an application for common law and have it approved so you can officially 'move'.

I know this seems like a lot of information to soak up and understand, but that is why most of us are still around. We like to help and answer questions when we can.

Good luck.

 

[KiwiChick]

Thanks Alurra71. However, if my son has a student visa to study for the year will that not alert immigration that we are not there purely for a visit? Also to travel with my son I've had to obtain full legal custody which states my ex is ok for him to relocate to Canada with me.

 

[Alurra71]

Your son is only 7 years old, correct?

It is POSSIBLE that your Canadian 'spouse' can enter the child into the school system without a study visa claiming the child to be a step child. Your 'spouse' would be the one that needs to take him to school and get him started though as you might be asked about your status in Canada and such. Sometimes this works, and they don't require any further information, other times they might require further information but still enroll the child without a study visa. They don't really want to deny the child an education if they don't have to. We are not talking about university so there is a good chance he may not need this study visa.

If the only paperwork you have to allow your son to 'visit' with you to Canada is court documents stating you can move with him to Canada you may need to come up with something else, because this is going to be a HUGE red flag at the border that you have no intentions of just visiting. If you have sole legal custody of your son that doesn't mention anything about 'moving' or such, then have your ex (if you are on good terms) sign an affidavit that states he is OK with you traveling outside of NZ with your son. It doesn't have to be specifically dated or anything, but just something that states his dad is OK with him being with you for a travel outside of NZ.

 

[KiwiChick]

Yes, only 7.

Wow...mind starting to be blown!

Thanks again...I'm sure I'll be back with more queries. You guys rock!

 

[commonlawsponsor]

I'm not sure how you can get around the obstacles you are mentioning (I'm pretty new to all of this) but it seems like they are some pretty big ones and you might want to consider other options. What if you quit your job, sell your house etc and then things don't work out? For example: you aren't able to renew your visitor's visa to stay an extra 6 months? Or you do get 12 months, apply as common law and it gets rejected? Also once you apply as common-law from inland, you will still have to wait at least 8 months (based on current times) before getting a work visa? Minimum you won't be able to legally work for 18 months...
It seems much too risky for me.


Other options:
Foreign Skilled Workers Visa to come to Canada (or some other type of visa)
Your partner coming to live with you for a year in NZ
Getting married and applying outland...

 

[Alurra71]

I'm not sure how you can get around the obstacles you are mentioning (I'm pretty new to all of this) but it seems like they are some pretty big ones and you might want to consider other options. What if you quit your job, sell your house etc and then things don't work out? For example: you aren't able to renew your visitor's visa to stay an extra 6 months? Or you do get 12 months, apply as common law and it gets rejected? Also once you apply as common-law from inland, you will still have to wait at least 8 months (based on current times) before getting a work visa? Minimum you won't be able to legally work for 18 months...
It seems much too risky for me.


Other options:
Foreign Skilled Workers Visa to come to Canada (or some other type of visa)
Your partner coming to live with you for a year in NZ
Getting married and applying outland...

Your concerns are valid ones. The OP does not have to file for an INLAND application though. She could file an OUTLAND application, and if her file is rejected, then they could in fact appeal that decision. However, the likelihood of a good strong application with plenty of proofs to show a true marital type relationship is not likely to be denied. If her extensions are not granted, then she could potentially find herself caught between a rock and a hard place if she has no place to return to in NZ, but because NZ is not usually a hotbed of marriage frauds and such and if she can show proofs of her ability to maintain herself while still 'visiting' Canada (she can also include the income of her 'spouse' to show this proof) then the odds are likely that she will in fact be granted the extension.

This will be especially easy to do (usually but not guaranteed, obviously) if she gets 6 months upon initial entry. This is usually what is granted unless they stamp a specific date she must leave by in her passport. So long as they believe she is only visiting then it is likely they will not stamp her passport and she will be implied for 6 months. She can then apply for her extension citing she wishes to remain with her partner to obtain 12 months of living together so they may apply for spousal sponsorship. CIC is, for the most part, quite willing to give people this time.

 

[KiwiChick]

I have been up to Canada twice in the last year...the last visit at Christmas with my son. Both times my passport was stamped with no exit date. However the declaration form stated I was there for a short stay only (less than a month) so no other questions were asked other than whether my son's father was aware he was with me (no proof asked for).

 

[Alurra71]

Awesome, then you have a track record of exiting the country as needed without issues. Also, your son coming with you has produced no problems, which makes it even better. I think you will be ok so long as you travel lightly, don't import your furniture and such

I would say you should carry a document stating you are OK to be out of country with your son from your ex. You haven't had any problem as of yet, however you never know when the one CBSA agent is having a bad day. My daughter only drives across the US border a couple times a month with my grandson, most times it is fine, but she encountered an agent with an attitude a few weeks ago who noted on her file that she should not be allowed to cross with her son to come see me any longer without a notarized copy from his dad and they are married! She was told if she tried it again she would be returned back to the US and issued an 'exclusion' order for not 'obeying' the orders given to her. LOL Sometimes I think these people are just a bit too power crazed in their heads but the scary part is, unless you raise a stink and get a supervisor worth a damn, they get away with this behavior. Anyway, just a heads up

 

[KiwiChick]

I already have a ticket booked with a return flight 6 months after arrival to cover the visitors visa. I need to state on the declaration card that intended visit is 6 months, right? If I do get an extension of a year am I then able to come and go with no issues or could right of entry be rejected within that 12 month period? or would the 12 months be under a temporary resident permit?

 

[scylla]

I already have a ticket booked with a return flight 6 months after arrival to cover the visitors visa. I need to state on the declaration card that intended visit is 6 months, right? If I do get an extension of a year am I then able to come and go with no issues or could right of entry be rejected within that 12 month period? or would the 12 months be under a temporary resident permit?

Apart from visiting the US, the extension is only good as long as you remain in Canada. If you leave Canada and travel to another country (apart from the US), the extension is gone. So yes - it's certainly possible you could be refused reentry into Canada.

 

[chessnut1087]

The longer you tell the border agents that you are coming to stay in Canada, the more risky you are to be either questioned or turned away. You need to provide proof of income from an employer back home, rental or lease agreement that you still have a place back home, bank statements showing how much funds you have as proof that you can support yourself during your stay. They have the ability to search your cell phone upon arrival if they suspect you are coming for anything other than a visit. Be careful about messages you send to your friends and family before coming to Canada.

 

[KiwiChick]

So I would be better to change my return ticket now to show an earlier date (say a month's "holiday"), overstay and then request an extension towards the end of the 6 month period?
From what I'm reading the surest/quickest way to get residency is to marry and apply outland.