Sponsoring Partner to come to Canada. Need advice.

[Deeds510]

Here's our story:

I am a 24 year old female from the Minnesota/ Wisconsin area, and met my significant other online. We have been in a long distance relationship for over a year now. For the first 6 months before meeting, we skyped every night, and even slept with Skype on so we could sleep together. After those six months, we finally got to meet. Since the first visit, I have made 3 or 4 other trips to go see him, and he came to the states and lived with me for two months. I found out an option that I can finish up my degree through the distance learning program at my school, leading to us making the decision that I would be moving there next spring to be with him.

Student visas are ruled out because I am already enrolled in my college, and do not have much longer to get my degree. Plus, paying full out tuition fees is not something I would be able to do.

A work visa would not work, because I am not qualified as a skilled worker. And even if I had a job offer, the Canadian employer would have to prove that they were not able to hire a Canadian citizen for work, correct?

I have been racking my brain and doing hours of research of different things we could do, but I am feeling very defeated. The whole sponsoring process came about, and i guess my questions are

1) How could we apply for a common law sponsorship if that requires us to be living together for at least a year. How can we live together for a year, if I have no way of getting a visa, and only being allowed to stay for the maximum of 6 months?

2) If he were to come to Wisconsin for 6 months living with me, and then the last 6 months Id go back to Canada with him to live...would that count towards the year of common law status? Many states in the US does not view common law as a significant way of "marriage", but because we would be applying for me to get Canadian sponsorship, does it matter if the time is split up between the US and Canada?

3) If we could split up the time, when I go to Canada for my visit of 6 months, could I apply for an extension of my visit near the end of the 6 months, with proof of us starting the application process of the sponsorship?

 

[Leon]

You can apply to extend your visit visa based on wanting to apply for sponsorship. You'd have to show funds to support yourself without working illegally or a letter from your boyfriend saying that he is supporting you and that you have some kind of travel/emergency/accident insurance to take care of any emergencies that may come up. In order to extend your visit visa, you have to be able to show the day you entered Canada. I have heard they usually don't stamp American passport so you should ask them to stamp yours when you enter.

Another way would be to go over to the US and come back which usually gets you another 6 months. However, you should be aware that Canada immigration can deny entry to anyone whose intentions they question. If they think you are living in Canada illegally, working illegally, planning to overstay or whatever, they can refuse to let you enter.

Your boyfriend staying with you for 6 months and then you staying with him for 6 would also work. Just keep proof that you are living together and proof of your relationship for your application.

 

[Deeds510]

Thanks! When my boyfriend does come, we plan on adding his name to my bank acount/ bills/ lease just to prove that hes here with me. He will also be getting insurance, just like the first time he came to visit.

When I do go back with him and cross the boarder, I will be driving my car. Should my boyfriend be with me when entering Canada? And when they ask how long I am staying do I tell them 6 months, and then tell them why? "I am staying for 6 months to visit my boyfriend and family. We are planning on applying for a sponsorship, but we need to be living together for a few more months before we can apply." I am just worried about the entering into the country process now..

Also, youre right about the stamping of the passport..My passport has NO stamps from entering Canada either by car or air. So heres another question- when you cross the boarder and do want a stamp..do you just flat out ask them to stamp it?

Ive already taken our skype conversations, and starting to put everything into nice organized outlines, because this is one of our largest proofs of the relationship since we havent been living together.

 

[Leon]

You should enter with him. Say you are going to apply for sponsorship and ask for a visitor record. They can allow you to stay longer that way.

 

[amikety]

Thanks! When my boyfriend does come, we plan on adding his name to my bank acount/ bills/ lease just to prove that hes here with me. He will also be getting insurance, just like the first time he came to visit.

When I do go back with him and cross the boarder, I will be driving my car. Should my boyfriend be with me when entering Canada? And when they ask how long I am staying do I tell them 6 months, and then tell them why? "I am staying for 6 months to visit my boyfriend and family. We are planning on applying for a sponsorship, but we need to be living together for a few more months before we can apply." I am just worried about the entering into the country process now..

Also, youre right about the stamping of the passport..My passport has NO stamps from entering Canada either by car or air. So heres another question- when you cross the boarder and do want a stamp..do you just flat out ask them to stamp it?

Ive already taken our skype conversations, and starting to put everything into nice organized outlines, because this is one of our largest proofs of the relationship since we havent been living together.

I told CIC we were waiting to qualify for Common-Law and they were okay with it. Usually it's not an issue for a visa exempt citizen.

Also, to add to your first set of questions - I lived as a visitor in Canada for two years before landing as a PR. I was here for 18 months before we even filed for PR, so as long as you can provide proof of financial support (I. e., the American doesn't need to work illegally because the spouse supports him/her) then CIC is very lenient and forgiving to us.

 

[Deeds510]

Ok, so say he came here from March to June, equaling 3 months..then come June when my lease is up, him and I drive back to Canada so he can go home, and I can be with him to finish up our 12 month of consecutive living arrangements..So we drive to Port Huron, and get to the boarder and they ask to see our IDs and passports. Do I do the talking since I am the one driving, and am the one coming for 6 months? And I would just tell them that I am coming to Canada to visit him and his family, and that we are waiting to qualify for common law, and that we plan on applying for my sponsorship?

What about asking for a stamp in the passport? Can you just flat our ask for that?

Also, my boyfriend works full time painting houses. Come the winter time, work slows down and he receives unemployment through his employer, but come the spring when business picks back up he is still a legal, full time worker. Does this constitute as him receiving government assistance? I only ask because to sponsor someone, you can not be getting government assistance..

Leon- How ere you in Canada for 18 months before landing your PR? Did you have to reapply to extend your visitor status every so often?

 

[Leon]

If you say you are just coming to visit, then you would not be asking for a passport stamp or a visitor record because you are coming for a short visit only. You could do this and every 6 months slip across the border and come back for another visit. It will work until immigration thinks you are living in Canada illegally and that would be bad because they do have the right to deny you entry.

If you are up front and you say that you are there with your Canadian partner and you want to stay with him for some months in order to qualify as common law and you ask for a visitor record, they might even give you a year or even if they don't give you a year, if they give you a visitor record, you will have proof of entry so you can apply to extend.

It was amikety who stayed for 18 months, not me but the way you do it is you apply to extend your visit status before it expires. You show that you or your partner can support you without you having to work and preferably that you have emergency insurance. You say you are working on qualifying as a common law so you can apply for sponsorship.

Unemployment insurance is not considered to be welfare so that is not a problem.

 

[Deeds510]

Thanks for all the advice- it is really helping me figure out things and getting answers to my unanswered questions!

Leon- All I want to do is be up front. I know nothing good comes from lying and when it comes to immigrating to a new country, I am not one to want to fool around with this business! I am not willing to visit for 6 months, then come back to the states for a week, and then return to Canada. Although some may do this and it may work, I feel this would be seen as shady business and my ass would be canned right back to WI! Not happening!

Amikety-When you told the boarder officer you guys were working on qualify fo rCommon Law, and they were ok with it..what did they do? Did they give you a full year visitor extension?

I understand that to get an extension you apply for an extension of the visit- I just didnt realize that you could apply so many times and keep the visit going for that long!

 

[amikety]

Thanks for all the advice- it is really helping me figure out things and getting answers to my unanswered questions!

Leon- All I want to do is be up front. I know nothing good comes from lying and when it comes to immigrating to a new country, I am not one to want to fool around with this business! I am not willing to visit for 6 months, then come back to the states for a week, and then return to Canada. Although some may do this and it may work, I feel this would be seen as shady business and my ass would be canned right back to WI! Not happening!

Amikety-When you told the boarder officer you guys were working on qualify fo rCommon Law, and they were ok with it..what did they do? Did they give you a full year visitor extension?

I understand that to get an extension you apply for an extension of the visit- I just didnt realize that you could apply so many times and keep the visit going for that long!

I applied online so it was sent to Vegreville. There was no feedback from them as far as comments, instructions. I just got my extension in the mail. And yes, they gave me a full year.