Common-Law Partner of Diplomat

[jonathant]

Hi.

Quick question. I am the common-law partner (almost three years) of a diplomat currently stationed in Ottawa and was wondering what my options might be for joining him in Ottawa.

I had originally followed him to Ottawa for three months to Ottawa as a visitor to Canada (I am American), but returned because I did not want to overstay my time, and wanted to save some time for the future. I then returned for an additional month (now four months total of my allowed six months).

Now, I'm wondering what my options might be for returning. I don't necessarily need to work (it would be a bonus, of course) and my partner is leaving Ottawa in September, so I definitely don't need to be considered a permanent resident, I was fine just visiting.

As we are of different nationalities and not married I was not able to go to Canada as sponsored by his government, so that's a no-go.

Any help or insights would be appreciated.

I've listed some information about myself and situation below:

Age: 24
Languages: English/French
Nationality: USA
Time spent in Canada: >4 months total (Sept 7-December 8 & Jan 9 - February 12)
Education level: M.A
Expected departure date from Canada: Sept. 15, 2018

 

[scylla]

You can't benefit from his status in Canada since you weren't sponsored by his government and don't hold the same status as he does.

If you want to come to Canada as more than just a visitor, then you would need to qualify on your own. Your options would be to come to Canada to continue your studies full time on a study permit. The studies you take in Canada would need to make sense in light of your previous education and experience - so in your case either another Masters or a PhD. Downside of this option is that it's quite expensive. The alternative would be to secure a job offer so that you can come to Canada on a closed work permit. In addition to the job offer, you may also need an approved LMIA if your job does not appear on the NAFTA occupation list. It's generally extremely difficult to find employers willing to go through the LMIA process.

 

[canuck78]

You could also just come as a visitor for 6 months and apply to extend your visa 30 days before your visa expires. You wouldn't be able to work but if you have the funds and maintain a US address you likely won't have a problem.

 

[canuck_in_uk]

I had originally followed him to Ottawa for three months to Ottawa as a visitor to Canada (I am American), but returned because I did not want to overstay my time, and wanted to save some time for the future. I then returned for an additional month (now four months total of my allowed six months).

Note that Canada has a different system than the US for determining how long a visitor can stay. There is no "6 months per year" maximum and different visits are not cumulative. Unless CBSA actually wrote a date in your passport to limit your stay, you were granted 6 months of visitor status both times that you entered and easily could have stayed.

 

[jonathant]

You could also just come as a visitor for 6 months and apply to extend your visa 30 days before your visa expires. You wouldn't be able to work but if you have the funds and maintain a US address you likely won't have a problem.

See this was my thought, but the last time that I entered, CBP was really finicky with letting me into the country. I had to speak with four different people and was a little worried that they wouldn't let me into the country as the previous time I had visited for 3 months and was returning for another month.

I'm hoping to go back in a little less than two weeks for another month (have a trip planned in early June), but have been frightened of not being let in because they think that I want to stay forever in Canada (I don't -- I like Canada, but both of us have plans to live elsewhere by mid-Sept. 2018). I would want to return to Canada again after that short trip. But if it is the case that it is 6 months at a time and not six months per year then I suppose I might be fine!

 

[jonathant]

You can't benefit from his status in Canada since you weren't sponsored by his government and don't hold the same status as he does.

If you want to come to Canada as more than just a visitor, then you would need to qualify on your own. Your options would be to come to Canada to continue your studies full time on a study permit. The studies you take in Canada would need to make sense in light of your previous education and experience - so in your case either another Masters or a PhD. Downside of this option is that it's quite expensive. The alternative would be to secure a job offer so that you can come to Canada on a closed work permit. In addition to the job offer, you may also need an approved LMIA if your job does not appear on the NAFTA occupation list. It's generally extremely difficult to find employers willing to go through the LMIA process.

I'm aware of your first point, that is why I am no longer in Canada.
To your second point, I am looking for something INCREDIBLY temporary. Even entering as a visitor as expressed by others. Not working isn't idea, but it isn't the end of the world (it's probably not worth working for three months any ways).
As we plan to leave Canada in Sept 2018, further education isn't really worth it (I initially thought of doing this in Sept 2017, but didn't really think it was worth the investment since I plan to do a PhD later one and would not be in Canada more than a year).
So basically as noted I am looking for something incredibly temporary that makes it easier to enter Canada. If I have misunderstood my ability to stay in Canada to be 6 months per year, rather than 6 months per visit, then I suppose that, in a sense, solves my problem. I have never had a date written into my passport when visiting (I've entered three times), and know that past doesn't necessarily dictate future outcomes.
Point is, I am fine entering as a visitor, IF I'm doing so without facing the potential of doing anything illegal by spending time in Canada after doing so (I'm a good kid!).

 

[canuck_in_uk]

See this was my thought, but the last time that I entered, CBP was really finicky with letting me into the country. I had to speak with four different people and was a little worried that they wouldn't let me into the country as the previous time I had visited for 3 months and was returning for another month.

I'm hoping to go back in a little less than two weeks for another month (have a trip planned in early June), but have been frightened of not being let in because they think that I want to stay forever in Canada (I don't -- I like Canada, but both of us have plans to live elsewhere by mid-Sept. 2018). I would want to return to Canada again after that short trip. But if it is the case that it is 6 months at a time and not six months per year then I suppose I might be fine!

Leaving and re-entering in a short amount of time increases the chance of issues with CBSA. You should have proof of ties to the US and a return ticket.

 

[canuck78]

I would bring a copy of a lease or mortgage, proof of your job in the US and even proof of your plans to relocate in September and you should be fine. Frequent interaction and the fact that your partner is in the diplomatic core probably raised some concern. Wouldn't cancel your plans but you now know what kind of reassurances the border agent is looking for.