+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Canada Visitor Visa Extension Question

sbott

Member
Sep 5, 2023
18
4
Hello, my girlfriend (Mexican) and I (Canadian) have been living together in Canada for 5 months. We are working toward establishing common law and eventually PR, and as such we're applying for an extension that will allow us to live together for the necessary 12 months. We prefer that these 12 months be accrued in Canada. Here's the rub - my girlfriend overstayed her visitor's visa in the USA from 2021-2023 and worked as a nanny during that time. Of course, this is deeply regrettable, and she is absolutely not going to make such mistakes here in Canada.

Now, in the application (IMM5708-E), there are two questions:
8a/b) Previous countries or territories of residence: During the past five years have you lived in any country or territory other than your country of citizenship or your current country or territory of residence (indicated above) for more than six months? It sounds like at this point we have to disclose the overstay in the USA, unless I'm misunderstanding. Her permanent residence was still in Mexico during the overstay, although she was a live-in nanny on/off at various locations during her time in the USA.
Give details of your employment for the past 10 years, including if you have held any government positions (such as civil servant, judge, police officer, mayor, member of parliament, hospital administrator) It sounds like we need to mention that she was a nanny here as well.

We do not want any ambiguity whatsoever in our answers as it is important that we don't get into any hot water for misrepresentation when the time for PR comes. We're of course willing to deal with the consequences of disclosing this information, but wanted to double check that that is exactly what they're asking before we do so. As a bonus question, any insight as to how this application might be perceived would be appreciated under this context - does Canada care what she did in the USA? We are doing everything by the book here, we both have more than sufficient funds to ensure that her stay here is taken care of financially without her working until she legally is able. Any insight would be appreciated. Thank you.
 

Ponga

VIP Member
Oct 22, 2013
10,104
1,305
Job Offer........
Pre-Assessed..
Hello, my girlfriend (Mexican) and I (Canadian) have been living together in Canada for 5 months. We are working toward establishing common law and eventually PR, and as such we're applying for an extension that will allow us to live together for the necessary 12 months. We prefer that these 12 months be accrued in Canada. Here's the rub - my girlfriend overstayed her visitor's visa in the USA from 2021-2023 and worked as a nanny during that time. Of course, this is deeply regrettable, and she is absolutely not going to make such mistakes here in Canada.

Now, in the application (IMM5708-E), there are two questions:
8a/b) Previous countries or territories of residence: During the past five years have you lived in any country or territory other than your country of citizenship or your current country or territory of residence (indicated above) for more than six months? It sounds like at this point we have to disclose the overstay in the USA, unless I'm misunderstanding. Her permanent residence was still in Mexico during the overstay, although she was a live-in nanny on/off at various locations during her time in the USA.
Give details of your employment for the past 10 years, including if you have held any government positions (such as civil servant, judge, police officer, mayor, member of parliament, hospital administrator) It sounds like we need to mention that she was a nanny here as well.

We do not want any ambiguity whatsoever in our answers as it is important that we don't get into any hot water for misrepresentation when the time for PR comes. We're of course willing to deal with the consequences of disclosing this information, but wanted to double check that that is exactly what they're asking before we do so. As a bonus question, any insight as to how this application might be perceived would be appreciated under this context - does Canada care what she did in the USA? We are doing everything by the book here, we both have more than sufficient funds to ensure that her stay here is taken care of financially without her working until she legally is able. Any insight would be appreciated. Thank you.
First and foremost, she must disclose the overstay and working without authorization if there are questions pertaining to these matters (which there certainly will be in the PR application when you're ready for that). IRCC can be forgiving for past `mistakes' but they have a zero tolerance policy for misrepresentation. Full stop.

Is marriage an option? If so, this would accelerate the plan to sponsor her.

While I wouldn't go so far as to say that Canada (IRCC) `doesn't care' regarding her breach of the rules in The U.S., the penalties for doing the same in Canada are much less severe. She hopefully already knows that she may already be banned from The U.S. for what looks to be 10 years, since she overstayed by more than one year. I suspect that CBP has her entry/exit data readily available, so if she plans a trip to The U.S., she may want to look into this before doing so.
https://www.boundless.com/immigration-resources/visa-overstay-forgiveness-explained/
 

sbott

Member
Sep 5, 2023
18
4
First and foremost, she must disclose the overstay and working without authorization if there are questions pertaining to these matters (which there certainly will be in the PR application when you're ready for that). IRCC can be forgiving for past `mistakes' but they have a zero tolerance policy for misrepresentation. Full stop.

Is marriage an option? If so, this would accelerate the plan to sponsor her.

While I wouldn't go so far as to say that Canada (IRCC) `doesn't care' regarding her breach of the rules in The U.S., the penalties for doing the same in Canada are much less severe. She hopefully already knows that she may already be banned from The U.S. for what looks to be 10 years, since she overstayed by more than one year. I suspect that CBP has her entry/exit data readily available, so if she plans a trip to The U.S., she may want to look into this before doing so.
https://www.boundless.com/immigration-resources/visa-overstay-forgiveness-explained/
Hey Ponga, thank you for the quick reply. We will certainly be truthful about her overstay/working in the US. We also know about her ban and have no plans to visit the US for the next 10+ years. While marriage is an option, we were both hoping for that to come after PR, since that feels more organic than expediting the process just to get to PR quicker. Nonetheless, if that's what it takes we will have to consider it.
 

sbott

Member
Sep 5, 2023
18
4
I suppose the next question, which probably has no answer but I have to ask, is: Is it likely that her extension is denied under these conditions?
 

Copingwithlife

VIP Member
Jul 29, 2018
3,949
1,908
Earth
I suppose the next question, which probably has no answer but I have to ask, is: Is it likely that her extension is denied under these conditions?
You won’t know until you apply . Canada has access to her us immigration history anyway . However as mentioned you must come clean about the overstay and working without a permit . One thing immigration won’t overlook is lying or leaving out pertinent information the officer will use to make their decision aka misrepresentation.
 

sbott

Member
Sep 5, 2023
18
4
For sure, it's a question of whether or not we should even bother with the extension or just look into staying in Mexico until we're ready to apply for PR. As with all Mexicans her ETA is no longer valid per the bulletin they put out a few months (or so?) ago. We were thinking it might be less problematic to just spend time in Mexico while she gets a new ETA, then come back into Canada as visitors with less likelihood of being questioned. It's not a matter of dodging the questions at all, we would just rather them come with the PR application I guess instead of at this point.

Nonetheless, we have an immigration lawyer, and it seems like while we thought this extension would be trivial it might be worthwhile to enlist their assistance to make sure we are clearly communicating every detail.
 

armoured

VIP Member
Feb 1, 2015
15,550
7,914
While marriage is an option, we were both hoping for that to come after PR, since that feels more organic than expediting the process just to get to PR quicker. Nonetheless, if that's what it takes we will have to consider it.
Organic, shmorganic. You're residing together in order to qualify for a civil status akin to marriage. Where's the 'organic' part of that?

Have a normal small marriage, deal with your life and her immigration status (among other things so she can work legally) and have your organic marriage fest with free-range thyme and quinola or whatever it is whenever you want.
 
  • Haha
Reactions: Ponga

Ponga

VIP Member
Oct 22, 2013
10,104
1,305
Job Offer........
Pre-Assessed..
Organic, shmorganic. You're residing together in order to qualify for a civil status akin to marriage. Where's the 'organic' part of that?

Have a normal small marriage, deal with your life and her immigration status (among other things so she can work legally) and have your organic marriage fest with free-range thyme and quinola or whatever it is whenever you want.
I do my part, but choose meat based plant burgers, rather than the `trendy' PBMB options that are everywhere these days. LOL!
 
  • Like
Reactions: armoured

sbott

Member
Sep 5, 2023
18
4
Organic, shmorganic. You're residing together in order to qualify for a civil status akin to marriage. Where's the 'organic' part of that?

Have a normal small marriage, deal with your life and her immigration status (among other things so she can work legally) and have your organic marriage fest with free-range thyme and quinola or whatever it is whenever you want.
Well living together is a pretty normal stage of progression for any relationship. Nonetheless, I like what you're saying, and you're not the only one saying it either. I think you make a good point and it's something I'll start to seriously consider it. And lol at your last sentence.
 
  • Like
Reactions: armoured

sbott

Member
Sep 5, 2023
18
4
I do my part, but choose meat based plant burgers, rather than the `trendy' PBMB options that are everywhere these days. LOL!
We'll only have proper meat! Hopefully self-caught fish if the crowd stays small and the fish are biting that day too.