Visitor visa balancing act

[U.S.Eh?]

Hi All,
So I'm looking for some thoughts on my situation - I am a freelance/self employed wedding photographer. All of my business is based in the States and I've been staying with my boyfriend in between gigs. Obviously lots of back and forth in the summer/fall and none in the winter. No problems with crossing so far. I am very diligent about tracking my days left on my visitor visa and here's where it gets tricky:
We just hit our one-year for sponsored PR via common law. We sent in our package yesterday. I have receipt of signature etc for crossing. As well as receipt of payment of fees. I will be leaving in December for a job and re-entering with 17 days left on my visitor visa. I know that I need to extend it 30+ before expiration and am planning to apply for extension in mid-November with 40+ days until expiration. Legally I can exit and re-enter on the original 180 days, and that is what I will be doing. Once I'm on assumed status or extension, I can't leave. I know this. This is exactly how we did last winter too.
My question is, /9 I buy a refundable plane ticket and tell CIC that I'm planning to leave before my 17 days is up and the. Just stay on assumed status? Or do I mark down that I'm planning to stay for 100+ days, get pulled aside (obviously) and then explain/show proof of application for extension? My PR app should be attached to my passport info by then as well, so they will be able to see that we are in the process.

Thoughts?

 

[scylla]

You don't need to extend it 30+ days before it expires. That's just a guideline - not a rule. As long as your extension application is received by CIC before your current visitor visa expires - you're fine.

 

[U.S.Eh?]

Scylla
Thanks! That's what I was thinking, but not 100%. So I should travel & re enter with a refundable plane ticket perhaps?

 

[Ponga]

Hi All,
So I'm looking for some thoughts on my situation - I am a freelance/self employed wedding photographer. All of my business is based in the States and I've been staying with my boyfriend in between gigs. Obviously lots of back and forth in the summer/fall and none in the winter. No problems with crossing so far. I am very diligent about tracking my days left on my visitor visa and here's where it gets tricky:
We just hit our one-year for sponsored PR via common law. We sent in our package yesterday. I have receipt of signature etc for crossing. As well as receipt of payment of fees. I will be leaving in December for a job and re-entering with 17 days left on my visitor visa. I know that I need to extend it 30+ before expiration and am planning to apply for extension in mid-November with 40+ days until expiration. Legally I can exit and re-enter on the original 180 days, and that is what I will be doing. Once I'm on assumed status or extension, I can't leave. I know this. This is exactly how we did last winter too.
My question is, /9 I buy a refundable plane ticket and tell CIC that I'm planning to leave before my 17 days is up and the. Just stay on assumed status? Or do I mark down that I'm planning to stay for 100+ days, get pulled aside (obviously) and then explain/show proof of application for extension? My PR app should be attached to my passport info by then as well, so they will be able to see that we are in the process.

Thoughts?

Once you leave Canada, any remaining days on your current visitor status leave with you; there's no way to `carry over' any remaining days on your 180 days. Not sure what you mean by "Legally I can exit and re-enter on the original 180 days." Also, if you leave Canada after submitting a visitor extension, it will be both a waste of money and any Implied Status that it would have given you would be lost as well.
When you present yourself at CBSA upon re-entry into Canada, you'll be assessed as a new visitor to Canada.

You should familiarize your self with something called Dual Intent and how CBSA uses that to assess visitors, like yourself, that will obviously have...dual intent.

With proof of a sponsorship application submitted, most Americans seem to have little problems, but re-entry is NEVER guaranteed.

Oh...and you did submit the Outland application, right?

 

[profiler]

Once you leave Canada, any remaining days on your current visitor status leave with you; there's no way to `carry over' any remaining days on your 180 days. Not sure what you mean by "Legally I can exit and re-enter on the original 180 days." If you leave Canada after submitting a visitor extension, it will be both a waste of money and any Implied Status that it would have given you would be lost as well.
When you present yourself at CBSA upon re-entry into Canada, you'll be assessed as a new visitor to Canada.

I was thinking the same, but I was too timid to state that. I don't like being wrong . And I didn't know if there was inadmissibility that a TRP over came..

Each trip across US-Canada border is a new "visa".

 

[U.S.Eh?]

I have always been under the premise that Americans are allowed to stay 180 days out of every 365 - so if I get a stamp on May 16,2016 - I have 180 days allowed in Canada until May 15, 2017. Anything over 180 needs a visitor visa extension. Sometimes they stamp me and sometimes they don't.
I just got a stamp last time I entered, when I was pulled into secondary questioning.

The 180 days doesn't re-start every time I get a stamp... at least I don't think it does. That's what I've been advised on by a few different lawyers.

And yes, I did Outland. Hopefully it'll be the fastest way.

 

[Ponga]

Visa-exempt visitors (not just Americans) are entitled to visit Canada for up to 180 days, but it is not a guarantee. The CBSA can stamp the passport with the date of entry and say nothing, which does give the traveler 180 days to legally remain in Canada, or...s/he could authorize a shorter stay, perhaps even a few days. it all depends of the inspection and what the officer decides to do.

And yes, the `clock' re-starts each time you re-enter Canada. So much for lawyers, eh?!

 

[profiler]

I was of the impression it's 6 months per "visit". Crossing the border terminates the "visit" and you can re-enter for another 6 months. I can't say I've seen anything stating the 365 day period.

There again I could be totally wrong. When we saw an immigration lawyer before filing, they told us it's a new visit and it's upto CBSA to determine length. My wife is not from the US though...

 

[Ponga]

Correct....`up to' 180 days.

 

[U.S.Eh?]

So every time I cross and happen to get a stamp, it's a brand new set of 180 days if they don't write an exit date within the stamp?

Last time I got a stamp, no date written in, but I had to show a plane ticket for exit. Does that mean the date of the plane ticket was recorded? I feel like if they were going to firmly hold me to leaving on that exact ticket, CIC should write it in my passport.
Or was showing the ticket just showing that I have intent to leave at the end of what I stated was my stay?and I actually could've stayed up to 180 days? I had also mentioned we were applying for sponsored Outland PR in the near future, as we literally had about a week left until we were common law the last time I crossed. So maybe they just needed something to feel like I was trustworthy.

I am super confused and constantly afraid of being refused. But I need to leave to work. And I also want to spend as much time as I can with my spouse and step-son....

 

[profiler]

So every time I cross and happen to get a stamp, it's a brand new set of 180 days if they don't write an exit date within the stamp?

Last time I got a stamp, no date written in, but I had to show a plane ticket for exit. Does that mean the date of the plane ticket was recorded? I feel like if they were going to firmly hold me to leaving on that exact ticket, CIC should write it in my passport.
Or was showing the ticket just showing that I have intent to leave at the end of what I stated was my stay?and I actually could've stayed up to 180 days? I had also mentioned we were applying for sponsored Outland PR in the near future, as we literally had about a week left until we were common law the last time I crossed. So maybe they just needed something to feel like I was trustworthy.

I am super confused and constantly afraid of being refused. But I need to leave to work. And I also want to spend as much time as I can with my spouse and step-son....

No stamp, or stamp with no date = 6 mos from date of entry.

Stamp with written in date or TRP (visitor record) = the date you must leave (but can still return).

The ticket was so they knew you planned to leave. They still permitted 6 mos and no plans can change.. nothing "recorded".

 

[Ponga]

I had also mentioned we were applying for sponsored Outland PR in the near future, as we literally had about a week left until we were common law the last time I crossed.

So...did you live under the same roof with your partner for 365 continuous days, before you submitted the application?

Once a couple has reached the one year mark, leaving and re-entering Canada (if allowed) is not such a big deal. Leaving before the 365 days have passed, can be a huge problem. The visa officer may not feel that you really have lived together for one full year.

Not trying to add to any stress that you may be encountering, but this could be an issue.

 

[U.S.Eh?]

It wasn't continuous. It was majority. I had to leave to work.
We have been on the same lease for a year+ and have resigned for 2017. We sent in all of that proof.

 

[Ponga]

It wasn't continuous. It was majority. I had to leave to work.
We have been on the same lease for a year+ and have resigned for 2017. We sent in all of that proof.

Be prepared for serious questions, or even worse, if CIC becomes privy to your travelling in and out of Canada before you were really Common-Law.

Good luck!

 

[U.S.Eh?]

Hmmm. I don't see what I've been doing wrong though. I can't work on a visitor visa... and yet we have to live together for 365 days straight. That just doesn't seem like a feasible way to expect people to live.

I maintain my business in the States. I have ties to my home country. I have reason to leave when my times of visitation are over. I have never overstayed.

This whole process is confusing and frustrating:/