US Citizen Attempting to join Girlfriend in Ontario

[BLooDCalibuR]

Hi, I have a serious/romantic relationship with a girl currently living in Calgary, Canada. This September she will be moving to a college dorm in Kingston, Ontario to attend a University. We have been planning to live together for over a year now and there are many things I would like to ask.

First of all I am a U.S. Citizen and have recently renewed my passport so the expiration date is good for another 10 years. I am 19 years old, have an excellent education history but stopped in my final year of High School for various personal reasons pertaining to future life goals such as professional boxing.

Her and I also plan on getting married within the next year. What we want is to be able to live together throughout her college years in that University but Canadian laws have me a little confused about how long I can stay in Canada. We've gone through so much in our wait to be back together physically again and are starting to get really desperate.

My question is, as an American Citizen, and with my current education, since I cant apply as a Skilled Worker due to no college degree, is there any possible way for us to be together legally? And I'm not talking about a quick few months of visit, I'm talking about if I can stay for the whole 4 years she's attending college here. After those 4 years she will be attending 2 more years in an american University so I know that will be easier but we simply cannot and will not wait 4 more years to be physically reunited.

So is there any way for us to be together in Canada legally? (btw shes a citizen there)

 

[Leon]

If you get married, she can sponsor you to become a permanent resident of Canada. That is similar to the US green card that you would be able to legally live and work in Canada. Go to http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp and read up on it. I have heard it will take a few months to go through though. Hopefully someone who is doing this right now can reply to you about the details.

 

[RobsLuv]

First of all - this process is complicated enough that the info in this post will probably make your head spin . . . but bear with me and I'll try my best to make it as clear as mud!! Feel free to PM me if you need something clarified.

There's information on the US2Canada website that's specific to US/Canada romantic relationships - but it doesn't sound like the two of you are ready to do what you need to do to make this happen relatively easily . . . which is get married! Bottom line: as a US citizen, you can only "visit" in Canada for six months of each year. Unless you get a Study Permit or a Work Permit, you cannot possibly come to Canada and live with her (legally) for even a year, much less four!

Immigration Canada has no "fiance visa" - they make it very plain that they are not interested in providing a way for couples to be together short of marriage . . . and even then they can make it difficult! That said, some Americans have managed to stay in Canada (illegally) for a year, qualifying them as common-law partners with their Canadian gf/bf - which makes them eligible to be sponsored for permanent status. BUT that's risky and it really complicates things for you. Part of being approved for PR as a common-law partner is proving that you've "lived together" for at least one continuous year. Considering the fact that you're not allowed to "live together" for that long because you're only allowed to stay in Canada for six months (now do you see why they made that law in the first place?) means you've gotta submit an application admitting that you've stayed illegally for part of your "qualification period". You're basically asking them to overlook that and grant you permanent status in their country anyway! And, even after you've qualified to apply for PR - how do you stay together during the approval process? You've filed paperwork with Immigration Canada that tells them who you are, and where you are, and that you're in their country illegally. And processing of that application will take anywhere from 4-10 months (if you file "outland"), and even longer if you file "inland" - especially under these circumstances. (More on the difference later.) In addition, you'd be in Canada with no way to support yourself - you would not be allowed to work without having a work permit. Work permits are not easy to get - you have to find an employer who is willing to sponsor you and they have to get special approval from the Canadian gov't to offer you a job. In order to get that approval, they have to demonstrate that there are no qualified Canadian applicants for that job. It's a long shot. A Study Permit is also not that easy to get - you have to be accepted to an accredited Canadian college/university, and you have to prove that you have (significant) funds to support yourself while you're here studying.

My best suggestion for you is that you look into the BUNAC program - it's an option for you to come to Canada and work for a year on a special visa. The two of you could live together (legally) during that year, and then you'd be eligible to be sponsored by your (then) common-law partner for permanent status. Once you have permanent status, you can freely live and work in Canada.

Once you get to that point, play it smart and file an "outland" PR application (which you can do even while staying in Canada, IF you keep your temporary status current), and the process can be finished in anywhere from about 4 -10 months. Don't get fooled into filing "inland" - it really doesn't work that well for US applicants. The problem with an inland ap for most Americans is that we are frequently allowed to enter Canada without being given any documentation of our entry . . . in other words, we're just waved across the border. Without that documentation we have no way to prove we have legal status here - and so a US citizen, unable to prove legal status, files an inland application believing it gives them legal temporary status, and they find out the hard way that it doesn't. They don't get deported, but their file goes to a special processing unit where it can take over a year just to get to first stage approval - which normally takes only about 5 months and gives you the option to apply for an open work permit (you can work for anybody). Basically, inland aps can be a trap for US citizens! (Sorry, just one of my pet peeves!)

Anyway, as you can see, it's not so simple when you fall in love with someone on the other side of this border. Unless you guys are ready to get married, you going to be jumping through a lot of hoops to be together. The only other suggestion I can make is for you to try to "split" the year between Canada and the US . . . (your gf is also only allowed to stay in the States for up to six months). If she could spend six months living with you in the States, and then you come back to Canada with her and spend the next six months here, (or you do something like 3+3+3+3) you'll be eligible to apply as common-law partners - once you "qualify" as either a spouse or a common-law partner, it's a bit easier to get extended legal status in Canada so you can remain here with her until your PR ap is finalized.

Another thought - the US does have a fiance visa . . . but I think it would require you to marry within 3 months of her arrival in the States, so that wouldn't get you much further along. But you can check out the forums at visajourney.com if you're interested in more info on US Immigration.

 

[PMM]

Hi

First of all - this process is complicated enough that the info in this post will probably make your head spin . . . but bear with me and I'll try my best to make it as clear as mud!! Feel free to PM me if you need something clarified.


My best suggestion for you is that you look into the BUNAC program - it's an option for you to come to Canada and work for a year on a special visa. The two of you could live together (legally) during that year, and then you'd be eligible to be sponsored by your (then) common-law partner for permanent status. Once you have permanent status, you can freely live and work in Canada.

[snipped]

1. The OP is a US citizen, BUNAC is for UK citizens only. He can apply for a 6 months Working Holiday Visa from the US, but it is not extendable.

PMM