Ugh! Is it really this difficult?

[grrl77]

I appreciate those that posted to my last thread.

I live in the US and my boyfriend is in Montreal. It's my understanding that one can go from the US to Canada and stay for six months under the visitor criteria, and being that I'm from the US, I don't need any special documentation aside from my passport.

How does one swing this? Won't you get nailed at the border? Part of me just wants to buy a round trip ticket and then just sorta not show up for my flight back home. =P That way, it looks all jim dandy legit, you get to hang out for six months, and then maybe apply for said something or other inside Canada. Is this doable? Has anyone tried this?

Not trying to shimmy around the system, I'm just trying to figure the most logical albeit productive way to actually spend time w/ the boyfriend without getting married and paying $1,000 per plane ticket every time we want to see each other. Y'know? Of course you do. That's why yer reading this. Any advice would be appreciated.

- J

 

[Gdaymate]

It's not that hard really! The only thing you can't do is turn up at the border with all your wordly possessions and say that you're just "visiting" - they won't fall for that.

You can go to Montreal as a visitor for 6 months and before your time is up, apply to have it extended for another 6 (or however long but I understand they won't do more than 12 months at any one time) and at the end of that time you'll have been living with your partner for 12 months and can apply as common-law. For the extension you need to show that you can support yourself for the length of the extension and have a ticket to leave at the end of that time. You'll have to wear the cost of the return if you don't use it or try to buy a refundable ticket, or one that you could put towards a different destination maybe.

 

[canuck_amuck]

Just a note, there is no guarantee on getting your stay extended, and if they dont extend it you cannot come back to Canada for another 6 months (Only supposed to be here for 6 months in a 12 month period). I dont know how quick they are to hand out extensions, but if they dont, you are back to square one, plus you cant visit him in Canada for the next 6 months. Im not sure if thats the best route to take. Call me negative, but regarding the immigration system it seems like if anything can go wrong, it will go wrong.

Also, since you are supposed to be "visiting" and not "living" in Canada, Im not sure if you are allowed to count "visiting" time towards common-law status? From what I understood the definition of common law is that you are both LIVING under the same roof for 12 months. That implies you are not just visiting, no? I think part of that is that you both need to share the same primary address for the 12 months. The place this gets sticky is that as a visitor, your primary address must remain outside Canada, but to be common law your primary address must be inside Canada (same as your BF's). Thats a big conflict of intentions that immigration will not take kindly to.

But correct me if Im wrong, thats just my understanding of it.

Oh also, once you do have common law status, it takes usually 6-12 months to process the sponsorship application, and I doubt they would want to extend your stay again after you were already there 12 months. So that means you could potentially be forced to be apart for a long period of time while the application is in progress, that or be in Canada illegally, which I do not recommend.

As well, while in Canada as a "visitor", you would not be able to work or attend school.

- Canuck

 

[Gdaymate]

canuck_amuck

Sure things can go wrong, but sometimes everything goes well too. I also try not to give advice if I'm not sure that it's possible to do!

I lived in Montreal for over 18 months on tourist visas and have put in an application for PR on that basis - we've just had our interview waived and they've asked for the RPRF so I guess it counts as "living together"

For the extension I applied at least one month before it expired and included a copy of my return ticket and bank statement. I gave the reason as wanting to "stay with my common-law partner until such time as we qualified to apply for PR" and they gave it to me.

It's true I couldn't work or attend school but grrl77 seemed to be saying her partner could support them both comfortably so that might not be an issue for them.

 

[canuck_amuck]

Gdaymate,

There is still no guarantee that you will get the extension. And then like I say, you are back to square one. Im very glad it worked out for you, but unfortunately its not like that for everyone. Its really up to the person if they want to risk it or not, and yes, it is a risk. Im just saying what COULD happen. Its good to be aware of all the consequences, the good and the bad. If you dont know the bad ones, you cannot make an informed decision.

- Canuck