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Author Topic: Dutch Girlfriend looking to stay.  (Read 538 times)
crazy-horse
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« on: January 24, 2011, 01:39:37 pm »

Hello,

I'm writing this post with the hopes that there is some option that I have overlooked.

Here is the background,

I have been with my Dutch girlfriend for 5 years now. She studied in Canada for 6 months when we met. Since then we have been back and forth, travelling together, etc.

Right now she is here on a Working Holiday Visa, it expires on the 10th of March.

We are currently working on the PR status, but are finding it very time consuming getting all the pre-requisites complete. My questions are:

In order to sponsor her, we must be common law. We will not be common law until we live together for 1 year (the day her visa expires). Will this be valid?

When she leave on the 10th of March, do we lose our common law status?

Will she be able to return on a visitors visa while we are waiting for the PR status to finalize?

She currently has a degree, but would like to do her Masters in Canada. Unfortunately the schooling fees for foreign students are very high, if she did study, she would need to work on the side.

Are there any options I have overlooked?

If there is anyone that has gone through a similar experience, I would love to hear from you!

Thank you very much for any input.
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Leon
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« Reply #1 on: January 24, 2011, 02:49:25 pm »

She doesn't have to leave on the 10th of March.  She can apply to change her status to visitor based on you just having qualified as common law partners and being about to apply for sponsorship.  She would not be allowed to work or study as a visitor but she could take short courses if she wanted to or volunteer.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
crazy-horse
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« Reply #2 on: January 24, 2011, 03:06:17 pm »

Really! That is good to know! Now, how long would the visitor visa be valid for? Is it the standard 3 (I think) months, or longer?

She hasn't seen her mother in a year now, so she did want to go home for a few weeks to visit. Would re-entry be an issue?

Thank you very much for your reply!
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Leon
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« Reply #3 on: January 24, 2011, 03:38:10 pm »

Standard is 6 months but if she wants to go home for some time anyway, she should not bother with trying for an extension, just see if she can come back and they will let her in.  It is always a bit touch and go with trying to enter again after a short time away.  They can not let her in if they think she will overstay.  She should at least have a return ticket in case they ask.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
crazy-horse
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Posts: 6
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« Reply #4 on: January 24, 2011, 03:56:33 pm »

Alright, again! Thanks Leon!
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crazy-horse
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« Reply #5 on: January 25, 2011, 09:10:11 pm »

Hmm, one more question.

So on the 10th of March we will be common-law. Her visa expires that day and she will return home to visit for a bit (as I will be away anyway with work)

Do we lose our common-law status when we are no longer together? If she has no valid visa in Canada, it will be hard to say that we are still living together here in Canada.

Also, (ok, two questions)

When she returns to Canada after a month or so in Holland, if she is outright honest and tells the officer that the reason she is returning is to stay until her PR visa is complete, is that fine?
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