US Citizen Entering for 6 Months and Potentially Applying for Extended Stay

[srobertson]

Hello,

I am a Canadian citizen and my girlfriend is a US citizen. We have been discussing living together, with her moving up here to live with me. Ideally, we would like to have her enter Canada via visitor status, and hopefully have her either apply for a work visa (assuming she is able to find a job that qualifies for it) or apply for an extension on her visitor's status so that we can live together for a year before applying for permanent residency via common-law. Marriage has also been discussed.

My main concern is that she will not be granted entry into Canada on her initial visit, especially if she can't prove that she has strong enough ties in the US that she would return after the 6 months, assuming that she wasn't able to get an extension. We both want to do this all in the correct and legal way, so I'm just wondering what exactly our options are? Is she likely to get rejected if we tell the border officer exactly what our plans are?

I was also curious about the application for extending your visitor's status. Is it a commonly used reason to want to extend your status by another 6 months so that you can apply for common-law permanent residency? Is it even possible to do so, or do you need a more solid reason such as waiting on a permanent resident application via marriage to go through?

Thank you,
Scott

 

[larryUK]

I thought US citizens can dart back and forth across the border almost as they please? What makes you think they wont let her stay, it's not like she's from a country that needs to apply for a visa.

 

[scylla]

I thought US citizens can dart back and forth across the border almost as they please? What makes you think they wont let her stay, it's not like she's from a country that needs to apply for a visa.

Nope - not true at all. If the immigration officer suspects an American may not be a true visitor, lacks ties to the US and might overstay their visit - this can certainly lead to an approval of a shorter visit (i.e. not getting the full six month stay), a refusal to enter the country or even a ban from entering Canada for a year (this happens extremely rarely but it does happen). Being from a visa exempt country does not mean you can come and go as you please. In fact, crossing frequently back and forth across the border is immigration Russian roulette. It's not the behaviour of a true tourist and sooner or later immigration will catch on and begin asking why someone is behaving like a resident when they are not allowed to live in Canada. Same applies to Canadians visiting the US.

Scott - To answer your questions, ideally your girlfriend should be able to show strong ties to the US just in case she's asked at the border. It would also be best for her to not pack like she's moving (i.e. if she comes across the border in a car full of personal stuff with her pets) - as this will be a red flag. If she's flying in - do so on a return ticket. Assuming she gets here without any issues, she should be able to extend her visit for another six months so that you can become common law. This is a relatively common thing to do. And while there's never a guarantee that she will be approved - chances are pretty high she will be.

 

[Brina8]

I know this may be in bad form, posting on this 3 years later, but I am currently in the same exact situation and I have been struggling to find information on the topic.

I have called multiple immigration layers who just end up telling me that they cant help me, and I have been running in cicrles for months.

I am the US Girlfriend trying to come up to Canada for the 6 month stay, if they will allow me the ful 6 months.
Even though this topic was created back in 2012, I was wondering if the same rules still apply, or what has changed recently that may make the process harder.

Anything would help, thank you.

 

[scylla]

I know this may be in bad form, posting on this 3 years later, but I am currently in the same exact situation and I have been struggling to find information on the topic.

I have called multiple immigration layers who just end up telling me that they cant help me, and I have been running in cicrles for months.

I am the US Girlfriend trying to come up to Canada for the 6 month stay, if they will allow me the ful 6 months.
Even though this topic was created back in 2012, I was wondering if the same rules still apply, or what has changed recently that may make the process harder.

Anything would help, thank you.

Same rules apply. Nothing has changed.

 

[TracyCa64]

I am a US citizen from California and I came to Canada in April 2014 to stay with my boyfriend.
I had a return ticket back to the States for Oct. (6 months)
The border agent at Toronto Airport asked me about my stay and looked at my paperwork. I even had my 2 cats with me with all of their correct paperwork. I told him I intended to visit for 6 months and either leave or extend my "visitor" status. You have to make sure you use the word "visit". Your girlfriend cannot say that she is "moving" to Canada. Also, yes, only pack enough for your visit as best as you can. For me I only had Summer clothes, did not pack any Winter clothes. Which I had to buy to get through the Canadian Winter. All of my personal items are packed in boxes in storage back home. I cannot have them shipped until I get my Permanent Residence status. That is a huge Red Flag if you have tons of stuff for your "visit".
I applied for my visitor extension in September and it was granted. The reason I put for wanting to extend my visit was that we wanted to become common law so that I could apply for PR status. They gave me until June 2015 and then at that point I will need to apply for another extension. I am applying for PR before that so then when I apply for another extension I can put my reason for extension that I want to stay in Canada with my common law partner while my application is being processed.

I hope this helps you or anyone else. I have learned so much from this forum and will be needing help when I start my application process.
Thanks to everyone who has helped me along the way.

Smiles,
Tracy

 

[dreamscanadian]

@TracyCa64 : I am in a similar situation. Our paperwork isn't ready to go yet and I am ready to be in Canada! I am looking at the 6 months visitor status as an option, I also have two cats and would love to hear more about your progress and experience. There are some days I feel like I have definitely bitten off more than I can chew. :

 

[TracyCa64]

@dreamscanadian: I didn't have any problems coming to Canada with my cats. Just make sure you have their shots and paperwork showing when they had the shots and exam by the vet. The health certificate is only valid for I think 30 days for the International one. I know this because I found out too late. lol I had to get another exam for the cats because I had gotten the first one too early. The border agent didn't even really look at the cats, but did look at the paperwork.

I started volunteering here in Canada since I could not work. The first 6 months of being here was kind of depressing for me. It's hard going from an independent person with a job and a car and a social circle to ZERO. I don't even have my personal belongings from home because as a visitor you cannot ship your items. That was super hard at first, but it's been find now. I know I will have them one day. The good things were I was finally with my man (after long distance of almost 5 yrs) and I had my beloved cats. But even with that it kind of does something to you. I am a very independent person who has always worked and taken care of myself, that all changed. It is better now, heading into a year on April 27th, 2015. The volunteering has helped me soo much and I am an expert at taking the bus. LOL I actually love it!! It's strange how when you find that you are missing some things, you can just be happy with the smallest of things, like taking the bus. haha
It's been quite the transition for sure.

I am going back to California for about 6 weeks in June. My Mom is ill and I my son is graduating. My dilemma now is do I want to apply for PR before I leave or do it when I get back. It's making me crazy! I just got my fingerprints done and will be sending those out this week to the FBI but I know I won't get them back in time before I leave for my trip.

If your paperwork isn't ready but you are going to come to Canada it should be okay. Usually if there are no problems you can stay for 6 months and then you will need to apply for an extension for visitor status. I did that after my first 6 months and it was pretty easy, not as complicated as the PR application. f

Let me know if you have any questions, I will do my best to help. Let's keep in touch through our Canadian journey.

 

[Eternity]

@ dreamscanadian: I didn't have any problems coming to Canada with my cats. Just make sure you have their shots and paperwork showing when they had the shots and exam by the vet. The health certificate is only valid for I think 30 days for the International one. I know this because I found out too late. lol I had to get another exam for the cats because I had gotten the first one too early. The border agent didn't even really look at the cats, but did look at the paperwork.

I started volunteering here in Canada since I could not work. The first 6 months of being here was kind of depressing for me. It's hard going from an independent person with a job and a car and a social circle to ZERO. I don't even have my personal belongings from home because as a visitor you cannot ship your items. That was super hard at first, but it's been find now. I know I will have them one day. The good things were I was finally with my man (after long distance of almost 5 yrs) and I had my beloved cats. But even with that it kind of does something to you. I am a very independent person who has always worked and taken care of myself, that all changed. It is better now, heading into a year on April 27th, 2015. The volunteering has helped me soo much and I am an expert at taking the bus. LOL I actually love it!! It's strange how when you find that you are missing some things, you can just be happy with the smallest of things, like taking the bus. haha
It's been quite the transition for sure.

I am going back to California for about 6 weeks in June. My Mom is ill and I my son is graduating. My dilemma now is do I want to apply for PR before I leave or do it when I get back. It's making me crazy! I just got my fingerprints done and will be sending those out this week to the FBI but I know I won't get them back in time before I leave for my trip.

If your paperwork isn't ready but you are going to come to Canada it should be okay. Usually if there are no problems you can stay for 6 months and then you will need to apply for an extension for visitor status. I did that after my first 6 months and it was pretty easy, not as complicated as the PR application. f

Let me know if you have any questions, I will do my best to help. Let's keep in touch through our Canadian journey.

Hello,

Apologies for jumping into your conversation.

I am [from California] planning on visiting my boyfriend in Canada after graduating June 2015. And would like to stay for the maximum time of 6 months, however I'll be applying to medical school in both US and Canada so I may be leaving before the 6 months for interviews.

What explanation do you give for "why are you staying for 6 months?" after flying there?
Should I say that I will be taking the med school exam in Canada (which is true, exam is same across U.S. and Canada) and am planning on visiting the med campuses there for international student admission information?
Or should I just say that I want to visit my boyfriend's family for the summer? (All are true)

Basically, will trying to stay for the maximum amount of time raise red flags?

Additionally, if I visit for 5-6 months, go back home, then visit again a few weeks later ... Does that reset the 6 month timer?

 

[Stevin]

Nope - not true at all. If the immigration officer suspects an American may not be a true visitor, lacks ties to the US and might overstay their visit - this can certainly lead to an approval of a shorter visit (i.e. not getting the full six month stay), a refusal to enter the country or even a ban from entering Canada for a year (this happens extremely rarely but it does happen). Being from a visa exempt country does not mean you can come and go as you please. In fact, crossing frequently back and forth across the border is immigration Russian roulette. It's not the behaviour of a true tourist and sooner or later immigration will catch on and begin asking why someone is behaving like a resident when they are not allowed to live in Canada. Same applies to Canadians visiting the US.

Scott - To answer your questions, ideally your girlfriend should be able to show strong ties to the US just in case she's asked at the border. It would also be best for her to not pack like she's moving (i.e. if she comes across the border in a car full of personal stuff with her pets) - as this will be a red flag. If she's flying in - do so on a return ticket. Assuming she gets here without any issues, she should be able to extend her visit for another six months so that you can become common law. This is a relatively common thing to do. And while there's never a guarantee that she will be approved - chances are pretty high she will be.

Scylla - you are so knowledgable about this stuff. Impressive. My boyfriend is a U.S. citizen. Planning on travelling to Canada to live with me in Oct/15.

I am a bit confused - will he or will he not require a Visitors Visa?? Also, we had originally planned on hiring a small moving van for his belongings, it will be travelling separate from us. If the moving truck is registered in my name, will that cause any problems for us? (No furniture, mainly clothes and personal belongings).

Thank you so much for any advice!

 

[TracyCa64]

Hi Eternity,
Usually a US Citizen can stay in Canada for 6 months without any problems, unless Border finds a reason with the person. From my experience you can just say you are visiting your boyfriend for the Summer. Sometimes they want to see your return ticket just to know that you will leave in 6 months.

Now, I don't have an answer for you regarding applying for Medical School in Canada. Also, they might question why you are leaving and coming back if it is too often. It's mainly up to the Border agent that decides.
You could post this question in the forums as a new post in the Visitors section and see if some of the more knowledgeable members have any suggestions for you.

I wish I could have helped you more. I am still new to all of this.
Smiles!!

 

[TracyCa64]

Hi Stevin,

I was told that you cannot bring any personal items when you are coming to Canada for a visit. I don't think it matters if the moving truck is registered in your name. I think you will have problems at the border if he only has a "visitor" status.
To Canada, if you are moving personal items it will look to them that you are "moving" to Canada without proper status. You might want to look into this more before you move his items. Call Canada Immigration or Border Services to find out.

US citizens do not require a Visitor Visa. They can visit Canada for 6 months max and then would need to get a visitor extension. It's really up to the Border agent on the amount of time they approve when you first cross. For US Citizens it usually isn't a problem to say you are visiting for 6 months, but they might want to see the return ticket.

I hope this helps and maybe someone else can give you advice as well. I am still new to all of this.

 

[Atanos]

Wait, you can extend for more than 6 months? And that's completely okay? My boyfriend (Canadian) and I (American) have been trying to find an easier way to stay together and be able to work on being together while I visit Canada. Our plan right now is to get married then apply. Is it easier to just visit then keep extending?

 

[brucem]

Wait, you can extend for more than 6 months? And that's completely okay? My boyfriend (Canadian) and I (American) have been trying to find an easier way to stay together and be able to work on being together while I visit Canada. Our plan right now is to get married then apply. Is it easier to just visit then keep extending?

If you are permitted to stay in Canada for the usual six months as a visitor, and would like to stay longer you can simply apply to extend your visitor visa online (costs $100). If you are planning on applying for PR through common law then you need to be residing together continually for a year hence why a lot of couples use this route to ensure they qualify for a common law application. Alternatively you can just get married and apply straight away.

 

[Stevin]

Thank you everyone for your input. So helpful. Thank you!