Visitor visa balancing act

[profiler]

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:/

Here is the problem: you have to maintain 365 straight with no breaks together to be common-law.

You can do this by:
Outland: quit working on-site in the US and stay in Canada (or he stays in the US) continually renewing visitor visas as required.

Inland: stay in Canada and apply for a open work permit. Comes in 4 mos.

Apply under an economic stream:
See one of the other threads...

 

[U.S.Eh?]

We did consider the inland, but Outland is way faster (hopefully) and everything we found and have heard said that small breaks or absenses for work purposes are allowed when establishing the 365 needed for common law. I have proof that I have only left for work purposes and the time has been less than a week, each time.

Everything is ultimately subject to the officer that is assigned our file anyways. We did our best to show that we have been cohabitating for the last year and have shown intent to create a committed and lasting relationship for even longer. If there are questions or we have done something wrong, I am sure CIC will happily let us know.

 

[profiler]

We did consider the inland, but Outland is way faster (hopefully) and everything we found and have heard said that small breaks or absenses for work purposes are allowed when establishing the 365 needed for common law. I have proof that I have only left for work purposes and the time has been less than a week, each time.

Everything is ultimately subject to the officer that is assigned our file anyways. We did our best to show that we have been cohabitating for the last year and have shown intent to create a committed and lasting relationship for even longer. If there are questions or we have done something wrong, I am sure CIC will happily let us know.

Well yes, it's up to them.

One alternative to defeat the 365-day requirement is to marry. Then that part won't matter any more. Sounds like you have lots of cohabitation evidence...

 

[U.S.Eh?]

We definitely feel like we provided sufficient evidence of cohabition for the required period of time. We have had this application in our minds for two years. Endless receipts, selfies, and screenshots. I even have a record of our first FaceTime (literally pure luck though).
I'm a photographer by trade, so documentation is sort of my jam.

I think we will be fine and if we are not, we will figure it out.

 

[buddybuddy]

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".

Did you mean "know plans can change". Just checking as was confusing, thanks

 

[U.S.Eh?]

Agreed. I am just wondering if I could show a client contract for April 2017 as proof if intention to leave rather than a plane ticket - because buying a plane ticket for April in December is going to more expensive than need be.

 

[profiler]

Did you mean "know plans can change". Just checking as was confusing, thanks

Not at all, actually. MIssing punctuation because i was on my cell. But thanks for pointing it out!

 

[canadianwoman]

1. The rule is definitely not that an American can only stay for 6 months a year. The time given is usually 6 months - if it is less, the border agent will write a date in your passport. But you can either apply to extend this time, or leave and re-enter Canada. In this way an American (and people from other countries who do not need a visa to enter) can stay in Canada for a year at a time, or even longer.

2. Every time you leave Canada, whatever stay you were given (for example, 6 months) is over. When you re-enter, you are restarting the clock. So someone could enter Canada and stay for 5 months, leave, and re-enter and be good for another 6 months. It is not the case that the person still has one month left on the previous stay. This all depends on the border agent, of course.

3. To be considered common-law, you have to live together for 12 continuous months. Short breaks are allowed; long ones are not. CIC does not consider having to work or go to school to be legitimate reasons to be apart for common-law. So this depends on how long you spent apart. Having a lease together for the whole time is a point in your favour.

 

[Buletruck]

CIC does not consider having to work or go to school to be legitimate reasons to be apart for common-law.

Not to contradict you, but they do accept short periods away from each other for work acceptable for common law.....

You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage.
That means living together for one year without any long periods where you did not see each other. Either partner may have left the home for work or business travel, family obligations, and so on. However, that separation must have been temporary and short.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

 

[buddybuddy]

Not at all, actually. MIssing punctuation because i was on my cell. But thanks for pointing it out!

Thanks. I am presuming the punctuation is after the no? Just checking again as quite useful information!

 

[Ponga]

We definitely feel like we provided sufficient evidence of cohabition for the required period of time. We have had this application in our minds for two years. Endless receipts, selfies, and screenshots. I even have a record of our first FaceTime (literally pure luck though).
I'm a photographer by trade, so documentation is sort of my jam.

I think we will be fine and if we are not, we will figure it out.

Over the course of that one full year:

1. What was your longest visit to Canada?

2. How long was it until the next visit?

3. How long did you then stay in Canada?

4. And the next visit?


The ambiguity of the processing manuals that are used to assess and process applications for spousal sponsorship is mind boggling. They show that `short trips apart are acceptable", but nowhere is that defined. Is one week acceptable, but anything more than 10 days is not? What about 21 days...or a month?!

Since you needed to show the last entry into Canada in your application, combined with CIC's access to CBSA entry/exit data for previous visits, it really will all boil down to the `opinion', and perhaps even the mood, of the officer assigned to your file.

 

[Buletruck]

it really will all boil down to the `opinion', and perhaps even the mood, of the officer assigned to your file.

Probably one of the most accurate statements related to IRCC I've seen!

 

[profiler]

Thanks. I am presuming the punctuation is after the no? Just checking again as quite useful information!

Restated: "
The ticket was so they knew you planned to leave. They still permitted 6 mos and, no (it's not when you have to leave because) plans can change.. nothing "recorded"."

Eg: flights get cancelled. Trips are shorter or longer than expected.

If nothing is in the passport, 6 months was granted.