Urgent assistance needed! Bit of a long story, sorry

[DannyRDG]

Good evening Ladies and Gents, I spent the best part of an hour earlier typing this but it wouldn't post! So here I am once again trying. My story is quite long winded because I am trying to cover everything and give as much information as possible. Here goes:

I am a British national and my partner is Canadian. We first met 25 years ago but lost touch with each other due to my frequent moves as I served in the Army. We found each other again in 2011 due to good old facebook. By then we were both married, but in failing relationships. We spoke almost daily via skype/phone or facebook and after 4 months decided that it was time to end our marriages and make a go of our new found relationship. We met in a foreign country in Oct 2001 and spent 4 months together. I returned to England and my partner to Canada in Feb 2012. In Mar 2012 I booked my flight to Vancouver and flew on 19 Mar 2012. I was aware that I could stay for a max of 6 months on a visitor visa but did inquire about trying to extend my stay. I spoke with Immigration and Refugee centre in Victoria and was told it was as simple as travelling to the states and "going round the flagpole" I was sceptical of this but speaking with other Brits I met I was assured that this was the truth. In Sep 2012, 2 weeks before my visitor visa expired, I travelled with my partner to the states and spent 2 nights before coming back through the border crossing at Blaine. Upon arrival I was asked to report to the office, I thought this was just to get my passport stamped. I was questioned by the CBSA officer as to why I had been here, what my intentions were, was I working etc. I was totally truthful with the officer and informed her that I hadn't worked, that I received a military pension and was using that to live on. I was questioned about my relationship with my partner, and the officer felt that due to us both still being married and the relationship was not even a year old that I was trying to make roots and settle in the country with no immigration status. She confiscated my passport from me, and told me to leave the country within 2 weeks. I complied with everything I was told to do and departed some 10 days later.

I returned to Vancouver airport on 17 Dec 2012 and was once again interviewed by a CBSA officer as to what I was doing here. Once again I explained that I wanted to spend Christmas with my partner. I was granted entry and have been living with my partner since.

I am now aware that I can apply for an extension to my visitor visa and that I must submit it 30 days prior to my visa expiring. I have also found out that my partner can apply for a common law spousal visa for me. Now this is where I get a little stuck! When I was questioned at Blaine by CBSA officer in Sep 2012 as to what I was spending my money on I was truthful and told the officer that I assisted with the rent and that my name was on the rental agreement. This was one of the reasons she asked me to leave because I was trying to make roots. Yet when I look at the process for common law spousal visa, it asks me to show proof that I am in a committed relationship, ie, joint bank accounts, rental agreements etc.

To top it all, my partner has just found out that she is pregnant! Does this strengthen my chances of staying with her? Her divorce papers will be sent to the divorce court here in Victoria by the end of the week. Unfortunately for me, the laws are different in UK and I cannot file my divorce until Oct 2013. I know this is all a bit of a mess but I am desperate for some help. I don't want to leave my partner here on her own to go through her pregnancy without me!

Someone please help!


Thanks

 

[scylla]

You should post your question to the Family Sponsorship section of this forum. You'll get far more responses there.

http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/

 

[canuck_in_uk]

Hi

First and foremost, you do not qualify for common-law status, as you have not yet continually lived together for 1 year. Every time you have a separation, the 1 year count restarts again. So you spent 4 months together, then apart for a month, then together for 6 months, then apart for 3 months, currently together for 5 months. CIC has knocked back applications because of separations of just a few weeks.

You will either need to live together for another 7 months to qualify as common-law or get married if your divorce comes through before the 7 months and apply for spousal sponsorship.

Your partner's pregnancy has no effect on the process. You can continue extending your visitor status to stay with her through the pregnancy.

 

[DannyRDG]

Thanks for your help Canuck, that is what i thought, but what are the chances of my visitor visa extension being refused? If it is refused I will never be able to live with her for a continuous one year period because im only allowed to stay 6 months. So therefore can never apply for common law visa sponsorship!

 

[canuck_in_uk]

In normal circumstances, provided you can show funds to support yourself, it would be no issue to extend your visitor status online. There are people on the forums who have been extending their visitor status for a few years.

However, the fact that you were previously told to leave the country, and the reasons why, might affect things. You did comply with CIC's orders, so can't say how much it will affect it.

The most important thing when extending is to show that you are only VISITING, not LIVING here. Not to sound mean but telling CIC that your name was on the rental agreement was a bit stupid. You were only on a visitor visa and that was definite evidence that you were actually living here.

This time around, no telling them stuff like that.