Visitor Extension

[cjanssen]

Hello,

I am a Danish citizen and have been in Canada on a one year IEC program (August 4th 2014-August 4th 2015). During my stay I have been living with my boyfriend since September 4th 2015. I will be leaving here to visit my family for the month of June and plan to return thereafter. My boyfriend and I will be applying for common-law sponsorship when we have hit the required dates of cohabitation, and I realize there will be a few months in between I will not be able to work. I have a few questions detailed below that I hope someone can help with:

-If I leave for a month should I get a visitor extension or does it automatically reset if I leave the country for a certain period of time?
-If so, when should I apply to this? Can I apply from outside of Canada?
-When I return what should I tell the customs clearance at the border? Should I have a return ticket?
-My boyfriend will be traveling with me for a portion of the trip and it will be a small break in cohabitation, is this an issue? Do we just extend for the time we were apart until one year is hit?

Thank-you!

 

[scylla]

How long will you and your boyfriend be separated for the month of June? Breaks in cohabitation can definitely be a big issue for common law. To be safe, I would keep the separation to two week or less. If CIC decides there is a true break in cohabitation - you can't make up the time - instead the 1 year count starts from scratch. So it's extremely important you aren't separated for long enough that CIC decides it's a break in cohabitation.

- Visitor extensions are canceled as soon as you leave Canada. No point getting one.
- You can't apply for an extension from outside of Canada. You would just reenter Canada as a visitor using your passport.
- You can only visit Canada at this time (not live here). Yes - you should have a return ticket.

 

[cjanssen]

We will be separated for just over 3 weeks and then meet up in Ethiopia for the month of July until I return July 29th. Will CIC have the exact details on when I depart and meet back up with my boyfriend in the system? I don't think there is much we can do to change the schedule now :s

 

[scylla]

We will be separated for just over 3 weeks and then meet up in Ethiopia for the month of July until I return July 29th. Will CIC have the exact details on when I depart and meet back up with my boyfriend in the system? I don't think there is much we can do to change the schedule now :s

I'll be honest with you - that length of time is risky. You should be prepared for the possibility that CIC will say this was a break in continuous cohabitation and that you don't qualify as common law. If CIC decides this is a break in continuous cohabitation, you'll have to start the 1 year count again from scratch in July 2015.

Don't lie about any dates in your application. That's misrepresentation which can be punished by a 5 year ban from Canada. You'll have to be honest and hope CIC still considers you as common law. Provide as much information as you can to show you are in fact living together.

Good luck.

 

[cjanssen]

The reason for my departure is for a family emergency (my grandpa is not doing to well). My boyfriend was unable to come because he is unable to leave his business behind at the moment, until a few weeks. Is there any exceptions to the break if it is for family concerns?

Also, if we were to get a lawyer to help us submit the common-law sponsorship, would we have a better chance?

Thanks again.

 

[scylla]

Using a lawyer won't make any difference.

The reason for the break also doesn't matter (they key to being approved under common law is meeting the 1 year continuous residency requirement). It will be up to the visa office and the immigration officer processing your application whether this break is considered as a break in continuous residency or not.

All you can do is submit your application and hope for the best.