ALittleLizard

My boyfriend is coming over from england to join me in Canada - I am a
canadian citizen and have been for over 20 years (originally from UK).

In order for me to sponsor him we need to cohabit together for one
year. I cannot move to england due to family reasons. If he comes to
Canada on a return plane ticket (usual 3 week period) will they likely
give him a visitor visa for 6 months when he arrives? If so, do we then
apply for an extension and hope to get another 6 months, to then
qualify for the years cohabitation? We cannot get married until his
divorce is final so we may have to wait longer than 1 year to quality
as commonlaw spouses. Also, when applying for an extension to his
visitor visa, what sort of reason should we put for him wanting to
stay?? Should we indicate that he wants to stay in order to qualify as
a spouse, or some other reason?

If he's not given a 6 month visa when he first arrives, but is told his
visa will last as long as his ticket does (3-weeks) should he stay
illegally and hope that we can sort it all out once we've been together
for a year?

Sorry for all the questions - we have been recently reunited after 30
years apart, so we're extremely anxious to make up for lost time and
spend whatever time we have left together. Neither of us is rich or
particularly "skilled". I work full time and make pretty good money but
have no property and he is an unskilled worker himself with no property
in the uk. Pretty sad really, haha. This is all we have - to be
together.

If anyone can help answer my questions, we would both be extremely
grateful.

Thanks.
Liz

Roy

Carefully read operation memo 18 published on September 26th 2006 and
if you meet the definition of a conjugal partner go ahead and sponsor
him. Him coming in as a visitor is one issue but being out of status
will not prevent him from being sponsored. Go to the web site and read
the manuals as well as operational memo 18 regarding the public policy
on spouses and conjugal partners.

All is okay because you have committed to each other.

Roy
www.cvimmigration.com
wrote:
> My boyfriend is coming over from england to join me in Canada - I am a
> canadian citizen and have been for over 20 years (originally from UK).
>
> In order for me to sponsor him we need to cohabit together for one
> year. I cannot move to england due to family reasons. If he comes to
> Canada on a return plane ticket (usual 3 week period) will they likely
> give him a visitor visa for 6 months when he arrives? If so, do we then
> apply for an extension and hope to get another 6 months, to then
> qualify for the years cohabitation? We cannot get married until his
> divorce is final so we may have to wait longer than 1 year to quality
> as commonlaw spouses. Also, when applying for an extension to his
> visitor visa, what sort of reason should we put for him wanting to
> stay?? Should we indicate that he wants to stay in order to qualify as
> a spouse, or some other reason?
>
> If he's not given a 6 month visa when he first arrives, but is told his
> visa will last as long as his ticket does (3-weeks) should he stay
> illegally and hope that we can sort it all out once we've been together
> for a year?
>
> Sorry for all the questions - we have been recently reunited after 30
> years apart, so we're extremely anxious to make up for lost time and
> spend whatever time we have left together. Neither of us is rich or
> particularly "skilled". I work full time and make pretty good money but
> have no property and he is an unskilled worker himself with no property
> in the uk. Pretty sad really, haha. This is all we have - to be
> together.
>
> If anyone can help answer my questions, we would both be extremely
> grateful.
>
> Thanks.
> Liz

S P Arif Sahari Wibowo

Roy wrote:
> Carefully read operation memo 18 published on September 26th 2006 and
> if you meet the definition of a conjugal partner go ahead and sponsor
> him.

It require proof that they cannot be together legally, which AFAIK in
form of proof of each of them are refused entry to the other's country.

S P Arif Sahari Wibowo

wrote:
> If he comes to
> Canada on a return plane ticket (usual 3 week period) will they likely
> give him a visitor visa for 6 months when he arrives? If so, do we then
> apply for an extension and hope to get another 6 months, to then
> qualify for the years cohabitation?

Hopefully it will work that way. It often possible.

> We cannot get married until his divorce is final

How long that will be, estimately?

> If he's not given a 6 month visa when he first arrives, but is told his
> visa will last as long as his ticket does (3-weeks) should he stay
> illegally and hope that we can sort it all out once we've been together
> for a year?

AFAIK better to try to extend the status anyway.

Moms4tne

Hi - Saw your question and want to caution you about your plan. Your
situation is very similar to ours except that I came from the USA to
live with my fiance in Canada. Like you, we were anxious not to waste
any more time because we had both found love finally, after many years
in unhappy marriages. We thought we were going to be married within
just a few months, but his ex held the divorce "hostage" (even though
they'd been separated for five years!) and we waited and waited. We
talked with the people at the local CIC office and they advised against
filing as conjugal partners, even though we were qualified, saying it
was very hard to get approval in that category. They advised us to
file as common-law partners once we'd lived together for a year, so
that was the avenue we pursued. Knowing I couldn't stay in Canada for
more than six months at a time, we travelled together into the States
on several occasions. After we'd lived together for a year, paid our
immigration fees and had our medicals done, we contacted CIC again to
find out what to do next. They told us to travel into the States again
and to ask, upon return to Canada, to see an Immigration Officer about
getting a "Visitor Record", (the "official" document that allows a US
Citizen to stay in Canada for longer than six months.) The IO at the
border asked which class I was filing under, and which category. She
asked how we qualified as common-law partners and we replied that we
had lived together for over a year. She asked in which country and we
told her Canada and the US. She didn't believe us, came to the
conclusion that our application would be denied, screamed at me that I
couldn't live in Canada for purposes of qualifying for PR, and refused
me re-entry to Canada. I was ordered not to come back until my fiance
and I were married. She also made it clear that if I argued with her,
she would ban me from Canada. It was traumatic!

I tell you this to point out that, even though she was wrong in sending
me back (we did qualify as common-law partners and I hadn't been in
Canada for longer than six months at any time so I was not out of
status), there was absolutely _nothing_ we could do when she made up
her mind. We were lucky in that his divorce was almost finalized by
the time this all happened so, after a few months of separation, we
were able to get married and I was able to come back to Canada. But
you are on the other side of a potential long wait and if your Sweetie
comes to Canada to live with you and is here without status it might
not affect your ability to apply for PR, or be approved for PR (because
of the new regulations), but you run the risk of him being deported,
which _will_ mess up your application and jeapordize your being
together. The thing that keeps coming back to me when I read your post
is the IO screaming at me, "You can't live in Canada with your sponser
for the purpose of qualifying for permanent residency!" She was very
specific that the "common-law" category was about people who have lived
together in other countries, or for people who have come to Canada with
a work or study visa/permit and have been living with a Canadian
citizen while in Canada who now wants to sponsor them.

I don't want to discourage you, or be negative, but I wouldn't wish
what we endured at the hand of that border IO on anybody. I still have
nightmares about it, even though it worked out okay for us in the end.
I also don't know what avenues are available for someone to come to
Canada from the UK, like a work visa/permit or study visa/permit. My
suggestion would be to find out what absolutely legal way is available
for him to come here, and then live together while he's here with his
legal status, and then sponsor him when it's been a year. I think it's
easier to get permission to study here, but if he comes on a study visa
he should be prepared to give the IO a good reason for why he's leaving
the UK to come to Canada to study. He should NEVER say it's so he can
live with you to qualify for PR status.

Hope this helps and please keep us updated on what you find out, and
your progress. My best in your endeavors to be together and happy.

Wrote:
> My boyfriend is coming over from england to join me in Canada - I am a
> canadian citizen and have been for over 20 years (originally from UK).
>
> In order for me to sponsor him we need to cohabit together for one
> year. I cannot move to england due to family reasons. If he comes to
> Canada on a return plane ticket (usual 3 week period) will they likely
> give him a visitor visa for 6 months when he arrives? If so, do we
> then
> apply for an extension and hope to get another 6 months, to then
> qualify for the years cohabitation? We cannot get married until his
> divorce is final so we may have to wait longer than 1 year to quality
> as commonlaw spouses. Also, when applying for an extension to his
> visitor visa, what sort of reason should we put for him wanting to
> stay?? Should we indicate that he wants to stay in order to qualify as
> a spouse, or some other reason?
>
> If he's not given a 6 month visa when he first arrives, but is told
> his
> visa will last as long as his ticket does (3-weeks) should he stay
> illegally and hope that we can sort it all out once we've been
> together
> for a year?
>
> Sorry for all the questions - we have been recently reunited after 30
> years apart, so we're extremely anxious to make up for lost time and
> spend whatever time we have left together. Neither of us is rich or
> particularly "skilled". I work full time and make pretty good money
> but
> have no property and he is an unskilled worker himself with no
> property
> in the uk. Pretty sad really, haha. This is all we have - to be
> together.
>
> If anyone can help answer my questions, we would both be extremely
> grateful.
>
> Thanks.
> Liz


--

Skeleton Man

>Hi - Saw your question and want to caution you about your plan. Your
>situation is very similar to ours except that I came from the USA to
>live with my fiance in Canada

I did the same thing coming from Australia to Canada.

>The IO at the
>border asked which class I was filing under, and which category. She
>asked how we qualified as common-law partners and we replied that we
>had lived together for over a year. She asked in which country and we
>told her Canada and the US. She didn't believe us, came to the
>conclusion that our application would be denied, screamed at me that I
>couldn't live in Canada for purposes of qualifying for PR, and refused
>me re-entry to Canada. I was ordered not to come back until my fiance
>and I were married. She also made it clear that if I argued with her,
>she would ban me from Canada. It was traumatic!

I came in on a one-way ticket, but was honest with immigration about my
intentions to stay and qualify for PR. They we're exactly happy at hearing
this and kept me waiting for over an hour at the aiport, but after they
spoke to my partner and her family they reluctantly let me continue on my
way (though not before being subjected to a long speal about not being able
to work or study - which I was already aware of anyway).

>But
>you are on the other side of a potential long wait and if your Sweetie
>comes to Canada to live with you and is here without status it might
>not affect your ability to apply for PR, or be approved for PR (because
>of the new regulations), but you run the risk of him being deported,
>which _will_ mess up your application and jeapordize your being
>together.

The key is to maintain legal status in Canada.. I was given a 6 month
vistor's record and have since been granted two extentions totalling
18months.. I told them right on the application the second time that I
wanted to stay and file for PR, so they gave me an extra 12 months instead
of just the usual 6.

>I think it's
>easier to get permission to study here, but if he comes on a study visa
>he should be prepared to give the IO a good reason for why he's leaving
>the UK to come to Canada to study. He should NEVER say it's so he can
>live with you to qualify for PR status.

Obviously if you come here on a study visa your intentions should (appear
to) be academic, but regardless you should be honest with immigration..

Regards,
Chris

Oromum

Sorry, guys, haven't gotten the hang of this quoting stuff just yet.

(Quote) The key is to maintain legal status in Canada.. I was given a
6 month vistor's record and have since been granted two extentions
totalling
18months.. I told them right on the application the second time that I
wanted to stay and file for PR, so they gave me an extra 12 months
instead
of just the usual 6. (/quote)

I agree, Chris; I'm not expecting to have any problem getting an
extension on my Visitor Record either, now that I'm here legally and we
will have filed the paperwork before I need to applyfor one. It was
just getting one in the first place that was the problem . . . when it
shouldn't have been a problem at all.

(Quote mine) I think it's easier to get permission to study here, but
if he comes on a study visa he should be prepared to give the IO a good
reason for why he's leaving the UK to come to Canada to study. He
should NEVER say it's so he can live with you to qualify for PR status.mine

(Quote yours) Obviously if you come here on a study visa your intentions
should (appear to) be academic, but regardless you should be honest with
immigration.. yours

Want to be sure I clarify that it was not my intention to suggest lying to
the IO at the border, in fact, just the opposite. FIND a legal way to be
in Canada and have a logical, believable reason for pursuing that avenue,
whatever it is. Just be sure that your sole reason for coming into Canada
is not to "live in Canada for purposes of qualifying for permanent
residency". If only you could hear that IO yelling at me!

Moms4tne

Sorry, guys, haven't gotten the hang of this quoting stuff just yet.

(Quote) The key is to maintain legal status in Canada.. I was given a
6 month vistor's record and have since been granted two extentions
totalling
18months.. I told them right on the application the second time that I
wanted to stay and file for PR, so they gave me an extra 12 months
instead
of just the usual 6. (/quote)

I agree, Chris; I'm not expecting to have any problem getting an
extension on my Visitor Record either, now that I'm here legally and we
will have filed the paperwork before I need to applyfor one. It was
just getting one in the first place that was the problem . . . when it
shouldn't have been a problem at all.

(Quote mine) I think it's easier to get permission to study here, but
if he comes on a study visa he should be prepared to give the IO a good
reason for why he's leaving the UK to come to Canada to study. He
should NEVER say it's so he can live with you to qualify for PR status.mine

(Quote yours) Obviously if you come here on a study visa your intentions
should (appear to) be academic, but regardless you should be honest with
immigration.. yours

Want to be sure I clarify that it was not my intention to suggest lying to
the IO at the border, in fact, just the opposite. FIND a legal way to be
in Canada and have a logical, believable reason for pursuing that avenue,
whatever it is. Just be sure that your sole reason for coming into Canada
is not to "live in Canada for purposes of qualifying for permanent
residency". If only you could hear that IO yelling at me!