Sponsoring my common-law spouse

[Shanrxo]

hi there,

I intend on sponsoring my common-law spouse (US citizen) once we have been living together for a 12 month period. He just moved here (considered a visitor) a few weeks ago and I was just wondering.. I know he can only be here for a period of 6 months at a time. If we were to go on a trip together.. leave canada and return together would those 6 months restart? When I try to sponsor him as my common-law spouse is it best to have applied for an extension to his visitor visa or will him reentering the country be enough for the 6 months to restart. Hopefully that isnt too confusing. Any information is appreciated.

 

[Jnicole45]

Its 6 months (180 days technically) out of a calendar year, not a clock that resets as soon as you leave Canada. So his clock resets January 1st. Depending on when exactly he entered Canada, and how much time he's spent in Canada previously this year (like if he came to visit you for a week back in March and a weekend in May, etc.) He may or may not need an extension this year. Gonna need to do a little math and figure out if he'll exceed his 180 days if he stays until December 31st. If so, apply for the extension (visitor record). If not, then he's okay without it, because his 180 days to stay begins again January 1st.

He will need an extension (visitor record) next year, but you can cross that bridge when you get to it. I would recommend applying in early April, as they tend to take longer than the est. processing time, and if he gets into overstay territory (close to or beyond his 180 days next year) and gets denied, it will have an effect on your cohabitation and ability to apply as common law

 

[canuck_in_uk]

Its 6 months (180 days technically) out of a calendar year, not a clock that resets as soon as you leave Canada. So his clock resets January 1st. Depending on when exactly he entered Canada, and how much time he's spent in Canada previously this year (like if he came to visit you for a week back in March and a weekend in May, etc.) He may or may not need an extension this year. Gonna need to do a little math and figure out if he'll exceed his 180 days if he stays until December 31st. If so, apply for the extension (visitor record). If not, then he's okay without it, because his 180 days to stay begins again January 1st.

He will need an extension (visitor record) next year, but you can cross that bridge when you get to it. I would recommend applying in early April, as they tend to take longer than the est. processing time, and if he gets into overstay territory (close to or beyond his 180 days next year) and gets denied, it will have an effect on your cohabitation and ability to apply as common law

Very wrong.

Visiror status in Canada is not per calender year. Visitor status ends when a person leaves Canada. They are reassessed as a brand new visitor when re-entering and unless CBSA issues a shorter Visitor Record or writes a shorter date in the passport, they get 6 months.

 

[canuck_in_uk]

hi there,

I intend on sponsoring my common-law spouse (US citizen) once we have been living together for a 12 month period. He just moved here (considered a visitor) a few weeks ago and I was just wondering.. I know he can only be here for a period of 6 months at a time. If we were to go on a trip together.. leave canada and return together would those 6 months restart? When I try to sponsor him as my common-law spouse is it best to have applied for an extension to his visitor visa or will him reentering the country be enough for the 6 months to restart. Hopefully that isnt too confusing. Any information is appreciated.

Remember that there is always a risk of being refused entry if he leaves. CBSA doesn't like people living in Canada as visitors.

The safer option is simply to apply for a visitor extension a few weeks before his current status expires. He can state that he is becoming common-law and applying for sponsorship and ask for a year.

 

[Jnicole45]

Very wrong.

Visiror status in Canada is not per calender year. Visitor status ends when a person leaves Canada. They are reassessed as a brand new visitor when re-entering and unless CBSA issues a shorter Visitor Record or writes a shorter date in the passport, they get 6 months.

I was told otherwise by multiple CBSA officers at the border while entering Canada. I have made somewhat frequent trips back and forth to the US to visit family (about once a month for a few days at a time) prior to submitting my PR application, and multiple times upon returning CBSA officers have told me about the 180 day in a calendar year.

You're correct that your visitor status ends when you leave Canada, the clock doesnt keep ticking. But when you reenter, your past entries in that calendar year are considered, and the clock on your limit starts from where it left off.

 

[canuck_in_uk]

I was told otherwise by multiple CBSA officers at the border while entering Canada. I have made somewhat frequent trips back and forth to the US to visit family (about once a month for a few days at a time) prior to submitting my PR application, and multiple times upon returning CBSA officers have told me about the 180 day in a calendar year.

You're correct that your visitor status ends when you leave Canada, the clock doesnt keep ticking. But when you reenter, your past entries in that calendar year are considered, and the clock on your limit starts from where it left off.

Still incorrect. CBSA often tells people this, probably because they don't like people living in Canada as visitors, but it is not true. As per immigration law, unless the passport is stamped with a specific date or a Visitor Record is issued, status is granted for 6 months upon entry, each entry. There is no cumulative stay.

Assuming you did not receive a stamp or VR, your status has reset to 6 months every time you entered.

 

[Jnicole45]

Still incorrect. CBSA often tells people this, probably because they don't like people living in Canada as visitors, but it is not true. As per immigration law, unless the passport is stamped with a specific date or a Visitor Record is issued, status is granted for 6 months upon entry, each entry. There is no cumulative stay.

Assuming you did not receive a stamp or VR, your status has reset to 6 months every time you entered.

Where did you find this information?

 

[canuck_in_uk]

Where did you find this information?

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1016&top=16

http://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=442&top=16

You can also find it stated in IRPA, the Immigration and Refugee Protection Act.

 

[Jnicole45]

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1016&top=16

http://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=442&top=16

You can also find it stated in IRPA, the Immigration and Refugee Protection Act.

Fair enough. Previous statements retracted.

However, if that's what the majority of CBSA officers I've come across have stated as how they enforce the limits, I wouldnt risk leaving and trying to come back, especially when they make it fairly easy to just apply to extend your stay without leaving.

 

[Shanrxo]

Thank you for your responses.

So as an update, he originally came here in August and we've traveled in and out of the country 4 Times since he's been here and haven't had any issues yet. We most recently got back from vacation Oct 11th. I'm still trying to figure out if I should just apply to extend his visitor visa in December, which would be 5 months from his "first" visitor stay..or if I should wait until he is here for 6 consecutive months which will probably be after August of next yr, as we have a trip planned in March, which is when I technically should be able to apply to sponsor him as my common-law spouse. I understand that every time he leaves and enters the country is a risk...any insight is appreciated

 

[canuck_in_uk]

Thank you for your responses.

So as an update, he originally came here in August and we've traveled in and out of the country 4 Times since he's been here and haven't had any issues yet. We most recently got back from vacation Oct 11th. I'm still trying to figure out if I should just apply to extend his visitor visa in December, which would be 5 months from his "first" visitor stay..or if I should wait until he is here for 6 consecutive months which will probably be after August of next yr, as we have a trip planned in March, which is when I technically should be able to apply to sponsor him as my common-law spouse. I understand that every time he leaves and enters the country is a risk...any insight is appreciated

Again, there is no cumulative rule.

If he entered October 11th and did not recieve a Visitor Record or have a departure date written into his passport, he has 6 months from that day.