Complicated - Sponsoring an American

[AMBillings]

I am a United States citizen, and my boyfriend of two years is a Canadian. My (American) company is offering to allow me to work remotely 3 days/week so I can move to Canada to live with him. This requires me to still be able to commute to work in the US for 2 days/week. We would like him to sponsor me for Permanent Residency (PR).

I have been told that while your PR visa is processing, you cannot travel back and forth between countries. I have also been told that if I apply with an Outside of Canada application, that rule isn't applicable. I would like to submit my application ASAP, but there are complications. I could delay moving to Canada until after the application is processed, but I have booked plane tickets to the UK that departs from and arrives back into Canada. Meaning, at minimum I need to be able to enter Canada from the US, leave for the UK, come back into Canada, and reenter the US. I cannot seem to find any official information regarding these limitations, and I would very much appreciate a source.

Additionally, the current processing times displayed on the CIC website for sponsoring a family member, common-law partner living outside of Canada, living in the United States is 15 months. If I wanted to move to Canada sooner, could that be done with a temporary visa? Bear in mind I need to be able to travel in and out of Canada for work. If I got a temporary visa to cover the time that my PR application is being processed, could I do that?

Along those same lines, that website estimates that it will take only 49 days to process a PR application. How does that differ from Sponsorship? Are there other alternatives to Sponsorship I should consider?


Thank you for taking the time to help me...much appreciated!!

 

[Ponga]

He cannot sponsor you unless you get married, or live together for one full year to be eligible as his Common-Law partner.

Have you lived together for one full year and, if so, do you have ample proof?

Most Americans are completing the process (with an Outland application) in ~6 months (+/-).

 

[AMBillings]

Hmmm...on the CIC website, it says you can sponsor a spouse, common-law partner, or conjugal partner:

A conjugal partner is a foreign national residing outside Canada who is in a conjugal relationship with a sponsor for at least one year, but could not live with the sponsor as a couple. This term applies to both heterosexual and homosexual couples. This category was established for partners of sponsors who normally would present an application as spouse or common-law partner but cannot due to circumstances beyond their control (e. g., immigration barrier, religious reasons or sexual orientation). Thus, they could not live together for a period of at least one year.

In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship for a period of at least one year.

However, a significant degree of attachment and mutually interdependence between both partners must be demonstrated. They must also provide proof of the obstacles or restrictions that prevent cohabitation or marriage.

In our case, it would be an immigration barrier, wouldn't it?

 

[Decoy24601]

Hmmm...on the CIC website, it says you can sponsor a spouse, common-law partner, or conjugal partner:

In our case, it would be an immigration barrier, wouldn't it?

No, not at all. There is no legal barrier to the two of you establishing common-law or getting married.

 

[Aquakitty]

Sponsorship approval is just the first part of the application. Outland applications are sort of split into 2 applications (sponsor and immigrant), but you use all the same documentation for both.

Stage one your sponsor is approved. Stage 2 they forward your part of the application to the VO of your country of residence or citizenship, so in your case it would be Ottawa.

You can live with him for a year in Canada without going through the PR process. You need to enter Canada as a visitor. US citizens do not get visas, and are eligible to visit Canada for up to 6 months. At the border the officer will decide how long you can stay. Usually they don't give any hassle and you get the 6 months automatically.

At the 5 month mark you can apply to extend your stay.

Americans have no immigration barriers and cannot apply as conjugal.

 

[Ponga]

Agreed. Americans don't have barriers...they have hoops to jump through; and they're not even Hula Hoops!

 

[AMBillings]

Wow, I clearly am not informed. This is really helpful, thank you!!

Follow-up question: if I live with my boyfriend as a common-law partner for the full year, wouldn't I have to move back out of Canada to apply for the sponsorship?

 

[Decoy24601]

Wow, I clearly am not informed. This is really helpful, thank you!!

Follow-up question: if I live with my boyfriend as a common-law partner for the full year, wouldn't I have to move back out of Canada to apply for the sponsorship?

No. You can apply outland from within Canada.

 

[AMBillings]

Thanks again everyone for answering my questions! I think the only thing that would put me at ease is a lead as to where I can find all of this information on an official, government website. I haven't been able to find ANYTHING like this.

It would be especially helpful to know the rules about going in and out of the country if I were to live in Canada for a year and then apply as an Outland, since I would have to cross the border for work.

 

[Decoy24601]

Thanks again everyone for answering my questions! I think the only thing that would put me at ease is a lead as to where I can find all of this information on an official, government website. I haven't been able to find ANYTHING like this.

It would be especially helpful to know the rules about going in and out of the country if I were to live in Canada for a year and then apply as an Outland, since I would have to cross the border for work.

If you have to cross the border frequently this could end up causing some issues. The fact that you would be going to the US to work and then going back to Canada... would look like you were "living" in Canada to CBSA officers. Since you will just be establishing common-law and won't have a PR application in process yet, I don't think they will be quite as lenient. I could be wrong, but from what I've seen and experienced this isn't a good idea. Even though the job will technically be proof of ties to the US, I still think it would end up causing issues, especially since you will be spending most of the week in Canada, not the US. I doubt a CBSA officer would really see this as "visiting". Part of proving that you have established common-law for the PR application is proof like leases, utility bills, etc. If a CBSA officer were to find out you had a lease with your boyfriend I don't think that would go over well. There's always the chance you won't have issues... but crossing frequently is kind of asking to have issues at some point.

 

[AMBillings]

Weeeell...now I'm confused. I was under the impression that I was being advised to move in with my boyfriend in Canada as a visitor in order to "earn" the 1 year of living together in order to qualify for PR. If I can't live in Canada as a visitor, then my assumption would be that I qualified as a conjugal partner because we couldn't live together due to an immigration barrier. It has to be one or the other, right?

 

[AMBillings]

For clarification, I would only be in the office for 2 days/week. I could work remotely the other days. But I would still be working for an American company.

 

[Decoy24601]

Conjugal is for people who have legal barriers to getting married. You do not fall under this. You have absolutely no immigration barriers, because you could still get married and submit a PR application.

You can stay in Canada for six months and renew your visitor status for another 6 to establish common law. However, you're only on visitor status without a PR application in process, so crossing frequently is a bad idea. A lot of people who do this do not work during this period. The only way you can work without the risk of being denied entry every time you cross is to work remotely only (ie, staying in Canada without leaving). The isn't isn't staying in Canada, it's frequently crossing into Canada. Each time you enter Canada, you are basically asking again to obtain entry into Canada.

The issue isn't that you would be working for an American company. The issue is that you would have to cross back into Canada and each time prove you are only a visitor. A CBSA officer probably won't view this as being a visitor to Canada when you are working 2 days in the US and then trying to spend the rest of your time in Canada.

 

[carr1]

Does your boyfriend live near the border you still be crossing at?
We live in the Windsor area and crossing a lot is very common as lots of Canadians here date Americans. This border is very good at giving VR's to Americans to cross back and forth.
Before I was granted my PR I was given a VR and crossed back and forth a lot on it without any issues.
Thoug we were married with a PR app in process but I know others in your situation with VR's as well.

Getting married and stubmitting your app is also an option that can help.

Also make sure the company you work for has no Canadian customers as you won't be able to work for them while be in Canada, I had that issue when I tried to telecommute.

 

[Decoy24601]

Does your boyfriend live near the border you still be crossing at?
We live in the Windsor area and crossing a lot is very common as lots of Canadians here date Americans. This border is very good at giving VR's to Americans to cross back and forth.
Before I was granted my PR I was given a VR and crossed back and forth a lot on it without any issues.
Thoug we were married with a PR app in process but I know others in your situation with VR's as well.

Getting married and stubmitting your app is also an option that can help.

Also make sure the company you work for has no Canadian customers as you won't be able to work for them while be in Canada, I had that issue when I tried to telecommute.

I don't think they give VRs to people as easily if they aren't married and don't have a PR application in process. I'm not 100% about this though. The OP could still try of course