Please Help!!!!!!ANYONE!!!

[bladap04]

I am a U.S citizen. I have a common law wife of 6 years that lives in Scarborough ON. She came to Canada as a Live-in caregiver. We have a 15 month old son born in Toronto that lives with her as well. We have a new apartment there as well with both of our names on the lease. (the apartment manager called my employer to verify my employment in U.S)

Currently, she has an open work permit(that is being renewed) and we are waiting for her PR status hopefully this year. (she applied for PR in April 2010). She presently is working for someone under the table as her previous employer could not afford to keep her employed (legally). As soon as her renewed OWP is issued she will be applying for a legal job. I need to come to Canada and help take care of my son and help her get around with my vehicle.

I have been working at Magna in the U.S for 11 years. Is there anyway I can stay in Canada to be with my family considering my family situation and having a Canadian born son. As soon as her PR comes she will be sponsoring me, but until then it may take another year or so before I can legally stay there permanently. I know I can stay being a U.S. citizen up to 6 months at a time, but every time I get to the border to come into Canada they are always asking me how long am I staying here...and I plan to quit my job in U.S to help take care of my kid so mom can work full time. Does anyone have any suggestions as to how I can stay there until PR comes(still 1 year to go). Also when PR does come, what am I going to say if immigration asks where am I living? Thanx !!!

 

[canadianwoman]

If you are her common-law spouse, she needs to mention that and include you on her PR application. If she does not, she will not be able to sponsor you later.
It is not clear CIC would consider you to be common-law at all, but better find out now before her PR application. If you have lived together for one year or more, you are common-law for the purposes of immigration.
Because of the complications with the live-in caregiver program, I would suggest she talk to an immigration lawyer about all this.

 

[Iay]

This thread might be able to help you:

http://www.canadavisa.com/canada-immigration-discussion-board/visitor-record-for-us-citizens-t134150.0.html

 

[truesmile]

If you are her common-law spouse, she needs to mention that and include you on her PR application. If she does not, she will not be able to sponsor you later.
It is not clear CIC would consider you to be common-law at all, but better find out now before her PR application. If you have lived together for one year or more, you are common-law for the purposes of immigration.

Agreed. I was going to say, your story as posted doesn't really jive with the being common-law part. You weren't thinking of 'conjugal' were you. She could "include" you on her application just to be safe, and simply state she is not sure but doesn't want to risk losing the right to sponsor you in the future as a result of paragragh 117 (9). And if CIC wants they can choose not to include you, in which case THEY told YOU, that you are/were not common-law.

 

[bladap04]

To clarify....

I have been with her since Feb. 2006, before she came to Canada, so to me she is common law, but for immigration it may be conjugal. At any rate, I was was told that her PR processing time would be delayed even further if a status of married or conjugal status was included in the PR app. -or its better to file single to avoid longer processing times. So she can add me as a conjugal to her PR app while it's still in processing?

 

[amikety]

To clarify....

I have been with her since Feb. 2006, before she came to Canada, so to me she is common law, but for immigration it may be conjugal. At any rate, I was was told that her PR processing time would be delayed even further if a status of married or conjugal status was included in the PR app. -or its better to file single to avoid longer processing times. So she can add me as a conjugal to her PR app while it's still in processing?

If she doesn't declare you on her application, she would never be able to sponsor you. If you lived together before and are only separated now because she's working in Canada, you may still be considered common-law. She needs to declare you. It doesn't matter if it takes longer. Not declaring a common-law spouse makes things brutual later on.

Just so you know, there's basically a 0% chance you'd be classified as conjugal for the purpose of Canadian immigration. Americans are generally allowed into Canada to live with their spouses so they can be common-law.

Give that you have lived apart for so long after being common-law, you should probably consult a lawyer, as it's been suggested.

 

[bladap04]

If she doesn't declare you on her application, she would never be able to sponsor you. If you lived together before and are only separated now because she's working in Canada, you may still be considered common-law. She needs to declare you. It doesn't matter if it takes longer. Not declaring a common-law spouse makes things brutual later on.

Just so you know, there's basically a 0% chance you'd be classified as conjugal for the purpose of Canadian immigration. Americans are generally allowed into Canada to live with their spouses so they can be common-law.

Give that you have lived apart for so long after being common-law, you should probably consult a lawyer, as it's been suggested.

Let me clarify again...

I didn't mean to imply that we have lived together. I meant we have been bf/gf for six years. After she came to Canada in 2008, I just come to visit. Now, as of Nov 2012, we have an apartment together, meaning we both signed the lease. I still work in U.S and come to visit 2 times a month on the weekends, and help pay the rent. That's pretty much how it's been since she came to Canada. So that's why I say conjugal partners.

I highly doubt I can just "come" to Canada just because I have a family there. It sure doesn't feel that welcoming when I get to the border. They want to know how long I'm staying and when I'm coming back.

 

[Sweden]

Let me clarify again...

I didn't mean to imply that we have lived together. I meant we have been bf/gf for six years. After she came to Canada in 2008, I just come to visit. Now, as of Nov 2012, we have an apartment together, meaning we both signed the lease. I still work in U.S and come to visit 2 times a month on the weekends, and help pay the rent. That's pretty much how it's been since she came to Canada. So that's why I say conjugal partners.

I highly doubt I can just "come" to Canada just because I have a family there. It sure doesn't feel that welcoming when I get to the border. They want to know how long I'm staying and when I'm coming back.

Conjugal won't work for you. As a visa-exempt, you can go to Canada, and keep on extending your stay (via online extension for example) - so there is no barrier for you to live with your partner, or get married. If she is not married, and you're not either, then you can legally get married.

Conjugal is for people that can not legally get married ( because already married in a country that doesn't recognize divorce, and unable to travel to Canada to get a divorce and get married in Canada), which doesn't seem the case for you.

So - either you get married to your gf, and she sponsors you as wife, or you go to Canada, live with her for 12 months, and then apply as common law. Conjugal is not an option in your case.

In any case - she should declare you on her PR application as it will be difficult to sponsor you if she declares that she is single, and then try to sponsor you later on - she will have to prove that you two have been together. If she doesn't declare you at all, it's misrepresentation and it will put her own PR in danger.

So - talk to an immigration lawyer, make sure he/she has lots of experience in complicated cases.
Good luck,
Sweden

 

[rjessome]

Let me clarify again...

I didn't mean to imply that we have lived together. I meant we have been bf/gf for six years. After she came to Canada in 2008, I just come to visit. Now, as of Nov 2012, we have an apartment together, meaning we both signed the lease. I still work in U.S and come to visit 2 times a month on the weekends, and help pay the rent. That's pretty much how it's been since she came to Canada. So that's why I say conjugal partners.

I highly doubt I can just "come" to Canada just because I have a family there. It sure doesn't feel that welcoming when I get to the border. They want to know how long I'm staying and when I'm coming back.

You do not meet the definition of "common-law" for immigration purposes to Canada. Therefore, despite what others have been saying, your girlfriend did NOT need to declare you on her application for permanent residence. Conjugal partners are not eligile for inclusion on economic type PR applications so she did nothing wrong in her application for PR.

You can only enter Canada as a visitor at the present time unless you have a job offer from a Canadian company that has a valid Labour Market Opinion. Since you make no mention of this, your only option currently is as a visitor and you cannot legally work in Canada. IF you do come to Canada and live with your girlfriend, once you and your girlfriend have been living together for 12 consecutive months, you are considered "common-law" for immigration purposes and you must be ADDED to her PR application if no final decision has been made on it yet. However, if she receives PR and lands as a permanent resident before that 12 month period has occurred, she does not need to add you. As a PR she will be able to sponsor you as her CL partner after you have lived together for the 12 months.

 

[bladap04]

Conjugal won't work for you. As a visa-exempt, you can go to Canada, and keep on extending your stay (via online extension for example) - so there is no barrier for you to live with your partner, or get married. If she is not married, and you're not either, then you can legally get married.

Well, the barrier seems to be the border patrol every time I come into Canada. They want to know when I'm leaving to come back to U.S. I want to stay until she gets her PR, but we can only estimate how long that would be, but it would be more than the six months I'm allowed to stay as a U.S. citizen.

I generally come to visit my fiancee and my son 1-2 times a month on a weekend. We've been at this a long time as far as waiting for processing. She has been in Canada since 2008 and me personally I'm sick of waiting to be with my family. She has roots there now ect...friends, places where she shops, a child, a church member.

I just want to come there and help support my family. It's becoming more important than my job here in U.S. I know what I want to do is premature, but my fiancee is going through a lot trying to do everything herself. She does not drive so it's difficult at times raising a kid as well.

I've been working for 11 years at Magna so whenever I get sponsored I won't have a problem getting a job. I guess I'll keep my mouth shut for 12 months, not come back to U.S and lay low until her PR comes. Don't want to do that, but she really needs my help.

I was also just reading about this "New Super Visa" for parents of Canadian citizens. Maybe I could apply for that. It states I can stay up to 2 years with it.

 

[rjessome]

I was also just reading about this "New Super Visa" for parents of Canadian citizens. Maybe I could apply for that. It states I can stay up to 2 years with it.

You are not eligible for it.

 

[bladap04]

You can only enter Canada as a visitor at the present time unless you have a job offer from a Canadian company that has a valid Labour Market Opinion. Since you make no mention of this, your only option currently is as a visitor and you cannot legally work in Canada.

I tried to get what is called a "Intra company tranfer" which means I could transfer from a Magna in the U.S to one in Canada. (Magna is from Canada).

I had an idea- where I called Manpower in Canada to see which companies they were sending there employees to work at, and a lot of companies where Magna owned. They gave me a list of 5 companies and I took that to my HR department to see if they could make contact with HR at any of the 5 companies to see if they were interested in doing a transfer.

My work HR found 1 company and emailed them saying they had a long term employee looking to move to Canada and if they were interested in hiring me. They said yes they were very interested-As long as they didn't have to deal with any immigration paperwork.

 

[rjessome]

I tried to get what is called a "Intra company tranfer" which means I could transfer from a Magna in the U.S to one in Canada. (Magna is from Canada).

I had an idea- where I called Manpower in Canada to see which companies they were sending there employees to work at, and a lot of companies where Magna owned. They gave me a list of 5 companies and I took that to my HR department to see if they could make contact with HR at any of the 5 companies to see if they were interested in doing a transfer.

My work HR found 1 company and emailed them saying they had a long term employee looking to move to Canada and if they were interested in hiring me. They said yes they were very interested-As long as they didn't have to deal with any immigration paperwork.

Since you do not currently work for that company you are not eligible for intra-company transferee. The Canadian company would have to apply for a Labour Market Opinion to be able to hire you.

 

[bladap04]

I'm still working for Magna presently...

 

[rjessome]

I'm still working for Magna presently...

Ah, I see that now. Here are the requirements for intra-company transferees. Please note that you MUST be fulfilling an Executive, Senior Management or Specialized Knowledge role in the Canadian subsidiary.

General requirements
Intra-company transferees may apply for work permits under the general provision if they:
• are currently employed by a multi-national company and seeking entry to work in a parent,
subsidiary, branch, or affiliate of that enterprise;
• are transferring to an enterprise that has a qualifying relationship with the enterprise in which
he or she is currently employed, and will be undertaking employment at a legitimate and
continuing establishment of that company (where 18-24 months can be used as a reasonable
minimum guideline);
• are being transferred to a position in a Executive, Senior Managerial, or Specialized
Knowledge capacity;
• have been employed continuously (via payroll or by contract directly with the company), by the
company that plans to transfer him or her, outside Canada in a similar full-time position (not
accumulated part-time) for at least one year in the three-year period immediately preceding
the date of initial application. Extensions may be granted up to the five and seven year
maximums referred to in the tables at the end of this section (5.31) and in the table in section
11.2. Documented time spent outside Canada during the duration of the work permit can be
“recaptured” to allow the ICT five or seven full years of physical presence in Canada.
TIP: If the applicant has not had full-time work experience with the foreign company, the
officer should consider other factors before refusing the applicant solely on this basis,
such as:
• Number of years of work experience with the foreign company;
• The similarity of the positions. For example, is the applicant coming to work for a
short period of time versus coming from a part-time position to a full-time longterm
position?
• The extent of the part-time position (i.e., two days/week versus four days/week)
• Does it appear to be an abuse of the ICT provision?
• are coming to Canada for a temporary period only;
• comply with all immigration requirements for temporary entry.