Question about a vistor coming back to canada for a visit, UK resident

[sricchio]

Hello,
My b/f visited Canada (not the first visit but the first 5 month visit) back in Jan/2015. He went home to the UK for 2 months and came back for a 5 month visit. When he came back for 2nd visit customs questioned him a lot and almost denied entry, but instead told him he needs some kind of papers in place for this next visit. He doesn't have any intentions to work in Canada (he has income from the UK) nor to move here at the moment. My question is, Is there a time period he has to stay home to come back to Canada in the future? It seems like Customs is saying he needs papers like, PR, working permit, visa etc...... he just wants to visit not live here for now. What are his options, or are there any?? I understand that in Customs eyes, he lived in Canada (well at the end of this year) 10 months in 2015, but he didn't realize that was going to be a red flag, nor did I. He wants to continue to visit, maybe not as long for the future, we just want to know what we need to do at this point.

Thanks,
SR

 

[scylla]

You can often run into problems when you are spending more time in Canada than outside of Canada in any given 12 month period. Although your boyfriend may think he is visiting, from CIC's perspective it looks like he's attempting to live in Canada as a visitor (if you are spending 10 months of a year somewhere you really are living there - not just visiting).

There are no hard and fast rules regarding how long he needs to be outside of Canada. However if he has recieved a warning, it would probably be wise to remain outside of Canada for 4-6 months before attempting to return - and then to keep this subsequent trip to just a month or two.

But again, there are no hard / fast rules. What happens the next time he visits is really up to the immigration officer he speaks to.

 

[sricchio]

Thank you Scylla!
Would it be wise to see an immigration lawyer, just to secure his return? I wouldn't want him to come again and be refused entry. Just want to see what the right and proper way around this would be.
Thank you

 

[scylla]

Thank you Scylla!
Would it be wise to see an immigration lawyer, just to secure his return? I wouldn't want him to come again and be refused entry. Just want to see what the right and proper way around this would be.
Thank you

Threre is no way to "secure his return" or to guarantee he will be allowed into Canada. A lawyer do anything to change this. Whether he is allowed into Canada or not is entirely up to the officer he encounters as he's entering Canada. Refusal is always a possibility.

Having said that, you can certainly speak with a lawyer if you wish. I personally think it would be a waste of money.

 

[Msafiri]

Thank you Scylla!
Would it be wise to see an immigration lawyer, just to secure his return? I wouldn't want him to come again and be refused entry. Just want to see what the right and proper way around this would be.
Thank you

Put yourself in the shoes of the CBSA agent...you have a person before you at the inspection booth that says they are visiting Canada but actually can be deemed to be living here because they spend more time in Canada than in their home country. This is not the pattern of stay for a bonafide visitor in Canada just here for a short visit. He got lucky but also a warning. Ideally he should try not to visit Canada for as long as his combined visits to date in the last year so if he was in Canada for 10 months he better stay away for 10 months. You may want to visit him in the UK instead. He risks getting an exclusion order next time he shows up at the border and this will just cause more problems. The lawyer can't change any of the facts - he is not a genuine visitor with strong ties to his home country that compels him to go back is the message.