Visitor Visa Rejected - How long for the next try?

[shayanb]

Hi

I'm pretty sure that this question already exists in the forum but I couldn't find it, specially because I'm really tired and i'm on my way back from the border and paid a lot for a no-point route.

I'm a Canadian citizen living in Montreal, My girlfriend is American citizen that was living abroad but came to montreal 5 months ago to live with me. as they said in the airport she had 6 months to stay so for new year we decided to go to Boston to have some fun and renew her visitors visa.

everything went fine, till in the border the immigration officer (That was really rude) told us that she could not get in Canada. I told him that we're planning to apply for conjugal partnership (or after reading in this forum common-law) but all he was saying was BS. I even tried to convince him that ok we did wrong and she will leave canada as soon as possible but just let her in to get to the bus and get to montreal to grab her stuff but he didn't
so here we are on the greyhound bus back to Boston :-"

My questions:
1- why she couldn't come back when we have to stay 1 year together to apply for the partnership?
2- (IMPORTANT ONE) when is the best time for her to come back again to be able to get in?
3- Is it better to get to Canada from the land border (bus, rideshare) or with a flight?
4- Would it help if she get a "job offer" from somewhere in the states?

Thank you in advance for your answers

update: I forgot to mention on the U.S border we found out that on her first entry to Canada (5 months ago) there was no stamp on her passport regarding her stay in Canada. there was just one stamp for back in 2008 when she visited toronto for one month. could this be the issue? don't they have these things on their database?

 

[scylla]

1. As a visitor, your girlfriend is allowed to visit Canada only. If it starts to look like she's living here (i.e. spending or trying to spend more time in Canada than in her home country), this can be grounds for being refused entry. It looks like this is what happened to her. Saying you're planning on filing a common-law sponsorship application can often work when crossing the border (you don't qualify for conjugal). However if you make this claim, you have to be able to back this up with proof (e.g. proof you have paid all of the processing fees, proof you have started filling out the application, etc.).
2. It's very difficult to say. There's really no black and white answer. Since she was actually refused entry, I would give it a few months. Your girlfriend also needs to establish herself in the US to show that she has ties there (e.g. get a job, start going to school, find a place to live).
3. I don't think one is better than the other.
4. It would help if she had an actual job in the US.

Canada has a record of her 2012 entry. Immigration has access to flight manifests.

 

[shayanb]

Thank you for your answer

If she establishes herself in the US, say a bank account and a place to live or even a job offer, and also a return ticket to the US when she's coming to Canada, would it be enough?

Is it possible for her to apply for work permit with a job offer from Canada and some recommandation letters? assume the documents are alright, how long would it take?

I really appreciate your answers.

 

[scylla]

Thank you for your answer

If she establishes herself in the US, say a bank account and a place to live or even a job offer, and also a return ticket to the US when she's coming to Canada, would it be enough?

Is it possible for her to apply for work permit with a job offer from Canada and some recommandation letters? assume the documents are alright, how long would it take?

I really appreciate your answers.

Unfortunately it's impossible to can for certain if that will be enough since this decision is up to the individual immigration officer she encounters at the border. It should be enough - but there are absolutely no guarantees and it's entirely possible the officer who refused her entry has flagged her in the system. If she was flagged in the system, she can expect closer scrutiny the next time she crosses.

To qualify for a work permit she will need a job offer in Canada. She will also very likely need an approved LMO (labour market opinion) from the employer. The only way to avoid the LMO is if she qualifies under NAFTA. If she needs an LMO, the employer is the one who has to obtain this approval. It takes several months. However the really difficult part is finding an employer who is willing/able to apply for an LMO (they must prove they advertised the job and were unable to hire a Canadian for the role). Most employers aren't interested in obtaining LMOs because it either takes too much time or they know they won't be approved (because they can easily find a Canadian for the job).

Hope this helps.