Interesting question- Work in Niagara Falls, NY and Live in Niagara Falls, ON
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Author Topic: Interesting question- Work in Niagara Falls, NY and Live in Niagara Falls, ON  (Read 1820 times)
jimidrix5
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« on: April 04, 2012, 01:34:54 pm »

Hello,

I am hoping someone can help me with my situation. I am wondering if it is possible to work in Niagara Falls, NY and live in Niagara Falls, ON? I am an American and have a Canadian girlfriend. Is there any way I could get a temporary resident permit for 6 months and then extend it if need be?

Much appreciated,

jimidrix5
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ashokcan
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« Reply #1 on: April 05, 2012, 12:08:50 am »

Hello,

I am hoping someone can help me with my situation. I am wondering if it is possible to work in Niagara Falls, NY and live in Niagara Falls, ON? I am an American and have a Canadian girlfriend. Is there any way I could get a temporary resident permit for 6 months and then extend it if need be?

Much appreciated,

jimidrix5

Hello jimidrix5 ,
You are an American and have Canadian girlfriend. You can live in Niagara Falls,ON with your girl friend as a common law partner. You can also temporarily stay in Canada for six months.    
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muzaffar71
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« Reply #2 on: April 05, 2012, 02:29:53 am »

hi,will anybody help me out to tell me that how much funds should be enough for 5 personsout of which 2 are adults and 3 children . and our stay is for month in canada and accomadation is being bear by the invitor. and plz also tell me that should i attached air tickets too or itinary plan will be enough. i m from pakistan. i m anxiously waiting becz i have to submit my documents tomorrow.
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scylla
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« Reply #3 on: April 05, 2012, 05:18:51 am »

Hello,

I am hoping someone can help me with my situation. I am wondering if it is possible to work in Niagara Falls, NY and live in Niagara Falls, ON? I am an American and have a Canadian girlfriend. Is there any way I could get a temporary resident permit for 6 months and then extend it if need be?

Much appreciated,

jimidrix5

Unfortunately there is no visa or permit that you can obtain that will allow you to live in Canada and leave every day for the US to work and then come back at night. First of all, the most you can do right now is visit Canada as a tourist (you can't live here). As an American, you are allowed to visit Canada without a visa. However if you are crossing the border every day, sooner or later border officials are very likely going to tell you that you can't be doing this (because you're behaving as someone who's living in Canada). What happens next is anyone's guess. You might just get a warning, you might be allowed in but told they are making an entry in your file that will create problems the next time you cross, they might refused you from entering - or on the extreme end (if you end up with an angry border official), you could even end up with a one year ban. (The bans happen extremely rarely but you need to be aware that they do happen if.) Long story short, if you were just going to Canada to stay for six month and had no plans on leaving the country - you'd very likely be fine. Crossing the border daily almost guarantees that you are going to run into problems sooner or later. Sorry.
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jewellery_exhibition
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« Reply #4 on: April 05, 2012, 05:51:03 am »

yes u can
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sting
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« Reply #5 on: April 05, 2012, 06:31:07 am »

Yes you can..there is no problem with it
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OhCanadiana
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« Reply #6 on: April 05, 2012, 07:14:03 am »

Unfortunately there is no visa or permit that you can obtain that will allow you to live in Canada and leave every day for the US to work and then come back at night. First of all, the most you can do right now is visit Canada as a tourist (you can't live here). As an American, you are allowed to visit Canada without a visa. However if you are crossing the border every day, sooner or later border officials are very likely going to tell you that you can't be doing this (because you're behaving as someone who's living in Canada). What happens next is anyone's guess. You might just get a warning, you might be allowed in but told they are making an entry in your file that will create problems the next time you cross, they might refused you from entering - or on the extreme end (if you end up with an angry border official), you could even end up with a one year ban. (The bans happen extremely rarely but you need to be aware that they do happen if.) Long story short, if you were just going to Canada to stay for six month and had no plans on leaving the country - you'd very likely be fine. Crossing the border daily almost guarantees that you are going to run into problems sooner or later. Sorry.

 You would have to become a Permanent Resident of Canada to be able to live there.   You can do that once you and your girlfriend have been living together for a year (she can sponsor you as a common-law spouse) or once you are married (she can sponsor you as a spouse).   In the meantime, as Scylla says you may only visit Canada - not live there.
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These are just some thoughts based on the information available, what I've read, and my experience.  I am not an expert; if you want the facts, cic.gc.ca has a wealth of information.  Good luck with your application!  Hope you have a wonderful day *smile*
jimidrix5
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« Reply #7 on: April 05, 2012, 09:50:40 am »

Thanks for the replies. We have been together for about 3 years now. I quit my job in July 2011 in order to be with her. I visited her from July 2011 until September 2011 when we went on a trip together to Europe for a few weeks. We have evidence of remaining together during our trip (flight docs, hotel receipts). We came back to Canada and I visited with her from October until end of January. We then again left for a few weeks to travel abroad (again I have evidence of this). I last entered Canada at the end of February 2012, when we returned from our trip together. I have no stamp in my passport saying I need to leave prior to 6 months from February 2012, so do I need to remain with her as a visitor until then? I think that is the best option, although I have not been working all this time and it is hard on me to make ends meet. I would like to apply for common-law as soon as possible. We had been visiting each other as frequently as possible prior to July 2011 too.

As far as evidence of living together, we have a shared bank account, shared utility bill,  I have save dozens and dozens of receipts for household purchases, I have mail sent to her address, and we have tons of photos of us together. She owns the house, so there is no lease to have my name on.

I hope I have a leg to stand on. Any opinions?
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scylla
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« Reply #8 on: April 05, 2012, 10:08:52 am »

I think you need a bit more evidence if you're going to apply for common law in July. However you've certainly got a good start.

Can you get a few neighbours / family / close friends to sign affidavits stating that you have been living together since July 2011? What's the date of the shared utility bills and shared bank account? Hopefully July 2011.

Do you have all of the receipts from your travel (airflights, accommodations, etc.)? You'll need to prove you were together during this time and still "living" as a common law couple.
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OhCanadiana
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« Reply #9 on: April 05, 2012, 10:13:03 am »

Thanks for the replies. We have been together for about 3 years now. I quit my job in July 2011 in order to be with her. I visited her from July 2011 until September 2011 when we went on a trip together to Europe for a few weeks. We have evidence of remaining together during our trip (flight docs, hotel receipts). We came back to Canada and I visited with her from October until end of January. We then again left for a few weeks to travel abroad (again I have evidence of this). I last entered Canada at the end of February 2012, when we returned from our trip together. I have no stamp in my passport saying I need to leave prior to 6 months from February 2012, so do I need to remain with her as a visitor until then? I think that is the best option, although I have not been working all this time and it is hard on me to make ends meet. I would like to apply for common-law as soon as possible. We had been visiting each other as frequently as possible prior to July 2011 too.

As far as evidence of living together, we have a shared bank account, shared utility bill,  I have save dozens and dozens of receipts for household purchases, I have mail sent to her address, and we have tons of photos of us together. She owns the house, so there is no lease to have my name on.

I hope I have a leg to stand on. Any opinions?



It depends on the specific dates you've been together in the past year (e.g., did you leave early/late Sept, how long was your trip, and how far where you apart).   The rules say:

"To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding
based on case law.
While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.[/quote]
Source: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Read through pages 26 and 27 of OP-2 (link above) for additional details, including details of the type of proof they are looking for* (included below).

Assuming you have only had short, temporary separations since you moved in to her house in July 2011 then you'd be eligible to apply once you meet the year in July of this year.   You can start pulling together the application in the meantime - take a look at http://www.cic.gc.ca/english/information/applications/fc.asp

Good luck!

* "The following is a list of indicators about the nature of the household that constitute evidence that a couple in a conjugal relationship is cohabiting:
Joint bank accounts and/or credit cards;
Joint ownership of residential property;
Joint residential leases;
Joint rental receipts;
Joint utilities accounts (electricity, gas, telephone);
Joint management of household expenditures;
Evidence of joint purchases, especially for household items;
Correspondence addressed to either or both parties at the same address;
Important documents of both parties show the same address, e.g., identification documents,
driver's licenses, insurance polices, etc.;
Shared responsibility for household management, household chores, etc.;
Evidence of children of one or both partners residing with the couple;
Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration."
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These are just some thoughts based on the information available, what I've read, and my experience.  I am not an expert; if you want the facts, cic.gc.ca has a wealth of information.  Good luck with your application!  Hope you have a wonderful day *smile*
jimidrix5
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« Reply #10 on: April 05, 2012, 10:18:56 am »

dear scylla,

it is great to have you respond. we can easily get affidavits from both sets of our parents, neighbours, and many friends. our shared bank account and shared utility bill goes all the way back to January 2011. I have all my bank accounts since then showing her address. We have flight receipts showing both of us flying together and hotel receipts with both of us staying together. and of course many photos of us together as we traveled. Even from 2010 trips too. Like I mentioned, I also have tons of receipts for groceries, home improvement items, etc. if you have any other advice, i am here eagerly awaiting.
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jimidrix5
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« Reply #11 on: April 05, 2012, 10:24:22 am »

dear ohcanadiana,

we have been together the whole time, since July 2011, whether in canada, or out traveling abroad. how do immigration officials determine the exact "start date" of co-habitation? I had visited her many times before July 2011, but there were 2 or 3 weeks in between visits prior to July 2011. thanks for the link.
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jimidrix5
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« Reply #12 on: April 05, 2012, 10:28:45 am »

we also have extensive phone records, e-mails, and skype records of our constant contact going back to 2009.
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OhCanadiana
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« Reply #13 on: April 05, 2012, 10:37:06 am »

dear ohcanadiana,

we have been together the whole time, since July 2011, whether in canada, or out traveling abroad. how do immigration officials determine the exact "start date" of co-habitation? I had visited her many times before July 2011, but there were 2 or 3 weeks in between visits prior to July 2011. thanks for the link.

Unfortunately it's a case of 'you know it when you see it' situation.   Where you living together with your affairs intertwined to the same extent a married couple would have their affairs intertwined before July 2011 or where you visiting her like you would visit a girlfriend that you aren't quite at the 'married' stage at?

From the wording of your question, it sounds like you visited her but were still living elsewhere prior to July 2011.   In that case you weren't cohabiting yet (By OP-2 definition in 5.35, "Two people who are cohabiting have combined their affairs and set up their household together in one dwelling") and as OP-2 indicates it has to be continuous (not intermittent) cohabitation.

I know it may not be what you want to hear, but it's better to know this now than several months down the line when our application is denied and you need to restart much later.

There's several things you could start doing now as you prepare the application.  For example, getting FBI prints takes ~3 months (and CIC has to receive it within 3 months of the FBI running the background check) so you could start applying for it now.   You can also use the time to make a fun scrapbook for your girlfriend and yourself as you pull the evidence together for CIC.   I realize it may be tough financially but you really can't work in Canada without a PR and as scylla said above it's not a good idea to cross the border daily (since you'd be living in Canada and not working there).   If you move away, you'd reset the clock on common-law.

What are your thoughts on getting married?
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These are just some thoughts based on the information available, what I've read, and my experience.  I am not an expert; if you want the facts, cic.gc.ca has a wealth of information.  Good luck with your application!  Hope you have a wonderful day *smile*
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