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alaskanada

Newbie
Sep 9, 2014
2
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Hello,

I am from the United States (Alaska), my partner is from Canada (Toronto). Our goal is for me to achieve permanent residency in Canada.

We've been together since December 2010. In September of 2012 we cosigned a lease, and got a joint bank account, both in Toronto.

At first we did not realize that we (most likely?) could not qualify as conjugal partners due to our countries of residence, and did not realize that we needed to cohabitate for an unbroken year to qualify as common-law partners. Because of this, for the first few years I stayed in Toronto for the winter, and traveled back to Alaska to work over the summer.

Last year, in September when I tried to enter Canada by Megabus from New York, hoping to stay for the usual six month visitor visa (or longer if I exited and re-entered), I was denied entry because I did not have enough documentation of my departure plans, and because I had already been in Canada from September 2012 through May of 2013, with three weeks back in the States for Christmas. (By the way, are you allowed six months per calendar year, or 6-months in any given 12-month period?). I had to take the bus to Buffalo, print out a return ticket and proof of finances, and re-enter. All told, I was then allowed into Canada for 1 1/2 months before leaving. I was also required to show the document they stapled into my passport (which stated that I had to leave by November 1st, and furnish proof of my compliance at my port of exit at that time) on my way out of the country.

I did not tell them that I was in a relationship with the person I was planning on staying with, but I believe they were suspicious because of her gender, and made a note that I was staying with her. I have since come and gone twice, both times in December 2013, as legs of a trip from Florida (where I went after being forced to leave Canada) to and from a family vacation in Hawaii. I already had the tickets to Hawaii before the border problem and could not afford to switch my tickets, so kept my original travel plans and stayed in Toronto for for a few days on either side of the Hawaii trip. Each time they seemed to decrease my red-flag level (When I was initially denied entry, I had to give them the document stapled to my passport on exit, the next time they stapled a new one in, but I didn't have to show it to anyone on exit, and the last time, I received a stamp, though all of my stamps after that first incident have hand-written numbers/etc below them).

Our rough plan now is for me to attempt to get into Canada on a 6 month visitor visa at the beginning of December. Then, when my partner gets off work for the summer at the end of May, we would stay together somewhere in the states, where I would find a job and work. Then I would apply for a student visa to study French in Toronto for 3+ months, which would round out our mandatory year.

There is a BIG "if" inherent in our plan, however, which is whether or not I will be able to get in for the first six months. Any advice/feedback about any of our situation going forward is much appreciated, but specifically any wisdom about how to minimize chances of my being turned away at the border/not given the full 6-months are especially welcome right now as I try and figure out what tickets I ought to buy!

Does flying (as opposed to bussing) in give better chances? Does entering at a non-Toronto point (Montreal) help? In which case I suppose it would be better to have my exit ticket leaving from somewhere else as well? Does traveling via routes used by commuters help (from Seattle -> Vancouver)? Should I have a return bus/flight that leaves exactly 6 months from when I enter? Or should it be a bit less? Or a lot less, and hope they give me an open-ended entry anyhow? Does it matter if my return ticket is bus or plane?

What should I say my purpose in going to Canada for six months is? If montreal, would the desire to learn French with the aid of immersion in a French environment be a good reason? Would visiting friends and working on writing/drawing projects be a good option? If they ask why Canada and not stay at home, what should I say? Because it's the cheapest foreign country to explore?

Also, what records does the CIC have access to? When they scan my passport, are they shown documentation of all of my border crossings (both ways) and any notes they took about my denied entry, etc?

Things I am planning to have with me at the border:

- A signed note on official letterhead from my boss in Alaska, saying that I have been working with him seasonally since 2010, and that I will have work again next summer.
- A signed note from a friend (not my partner) wherever I am entering, which says I will be staying with them until I find my own lodgings.
- An exit ticket
- A print out of my bank account balance
- Anything else?

Thanks so much!
 
alaskanada said:
(By the way, are you allowed six months per calendar year, or 6-months in any given 12-month period?).

There is no firm rule that I can see. It really depends on the CBSA officer you happen to get when you try to cross the border.


Then I would apply for a student visa to study French in Toronto for 3+ months, which would round out our mandatory year.

A study permit is only required if the course you are taking will be longer than 6 months in duration. If you are just taking a 3 month language course after which the course would be completed, then there is no need to get a study permit. At the border you would just need to show proof that you have enrolled in the class, how many months it's for, and that you've actually paid the tuition fee. So a letter/email from the school confirming your enrollment would help.

Just telling CBSA you intend to enroll in a school after arriving, might not be good enough.

Also, what records does the CIC have access to? When they scan my passport, are they shown documentation of all of my border crossings (both ways) and any notes they took about my denied entry, etc?

Yes i'm pretty sure that if you've been denied entry to Canada in the past, it will show on your record. However on previous stays since you haven't overstayed, that should help to show any CBSA officer that you will leave after your status expires.

Things I am planning to have with me at the border:
- A signed note on official letterhead from my boss in Alaska, saying that I have been working with him seasonally since 2010, and that I will have work again next summer.
- A signed note from a friend (not my partner) wherever I am entering, which says I will be staying with them until I find my own lodgings.
- An exit ticket
- A print out of my bank account balance
- Anything else?

That all sounds good. However I would be very careful of lying to CBSA about not having a girlfriend in Canada which is the real reason for your trip. They can often suspect if someone is lying, and may grill you with questions. Are you prepared to have your luggage searched thoroughly, as well as your cell phone messages/chats and laptop (if you have one), and nothing will show indication you have a partner in Canada? Or if CBSA calls your friend who will write the letter, and grill them with questions, will they also stick to the lie?

Having a girlfriend in Canada is not illegal, so sometimes it's better to just be honest about everything to avoid being caught in a lie and potentially making things much worse. But the choice is up to you.
 
Thank you so much for taking the time to reply Rob_TO! Much appreciated!

I'm surprised to read about your last point because we've been told over and over by various people that admitting that you have a cross-border relationship is a bad move and that the border guards will not let you in if they know you have a partner in Canada. Does anyone have any input on this? It would be so much better if I could be totally honest at the border but I'm wary of doing anything that could give them reason for not admitting me into the country. Does anyone else have input or advice on this? Is it better to just say that you are in a casual relationship or should we also admit that we plan to apply for PR?

Also wondering if anyone has any input on my question regarding whether it is better to come in to Canada by bus or plane or if certain border locations are easier to get in to than others. I'm trying to figure out my travel plans now so any input would be massively helpful! Thanks so much!
 
alaskanada said:
It would be so much better if I could be totally honest at the border but I'm wary of doing anything that could give them reason for not admitting me into the country.

But you have no problem creating an elaborate lie involving your friend, that if determined by CBSA is a lie could get you refused entry?

IMO just tell the truth. I don't think many people here will advise you to flat out lie to CBSA.

Does anyone else have input or advice on this? Is it better to just say that you are in a casual relationship or should we also admit that we plan to apply for PR?

You are still a long way off from qualifying to apply for PR, and you mentioned you would be leaving Canada to continue your common-law qualifying in the US. So there is nothing to admit about applying for PR, as honestly you have no intention to apply for PR during this initial visit.