"How Long Are You Visiting?"

[epmarshall]

Hi all,

I have a border question. Apologies if you've seen me touch on this in another topic I made, but I didn't get an answer to this specific part. What do you say when CBSA asks how long you are going to be visiting your spouse in Canada?

The times I've gone to visit my boyfriend, I've only stayed for about a week. So I have always had very specific dates to give when they ask me that question (and they've always asked me). But what about if you're going to visit for longer and they ask this question? For example, trying to visit long enough to meet common law cohabitation requirements. My point is if they know you want to stay in Canada for a longer visit like this, won't it make them question your ties to your home country? How do you handle a situation like this? I know you have to be honest at all times. So at this point do you just tell them you want to stay longer for PR purposes and pull out as much evidence as you can to convince them of ties and such? Or is it better not to mention PR unless they ask about it?

Thanks for any help, it's much appreciated.

 

[bigredmoose]

I would handle this by not doing it.

If the CBSA feel your plan is to stay in the country longer than a visitor visa allows, they will turn you away. You're not supposed to turn up and plan on staying long enough to satisfy the common-law requirement. Basically anything longer is not a "visit", it's moving here and that's not allowed without the proper visa.

For this to work, you have to show ties to your country, like a job, a residence, return tickets, not showing up with all your stuff, etc. If they feel you genuinely are a visitor, once you are in you can apply for an extension and in theory stay for quite some time.

But all of that hinges on you coming in as a visitor, not someone who intends to overstay.

 

[epmarshall]

Thanks, bigredmoose. So how does common law occur then? Is this supposed to be sort of an unintentional scenario where the couple meets and decides they want to stay together longer and things just kind of happen? Like for example if a genuine visit turns into longer or does that count as misrepresentation if you say you're only staying a week then decide on longer?

Also, another question I have if you don't mind. Is it considered illegally living in Canada if you come on a visitor visa, then extend it? Or is that fine?

 

[andyb2404]

Just remember it take a year of living together to qualify as Common-Law. I doubt at the boarder they will allow you into Canada for a year without work or ties back to your home country so you can meet common-law status.

Is there an option for your partner to live with you in the US for a year? that way as soon as you qualify for common-law status you can put an inland PR application in with a work permit attached.

Hopefully one of the seniors on here will be able to give you a more accurate run down of what options are available to you.

 

[bigredmoose]

There's a couple of different scenarios: someone in Canada on a long term visa (temporary resident/student/working holiday/etc etc etc), or the reverse (a Canadian in another country on a long term visa) or even a Canadian with dual citizenship staying with someone overseas. Basically there are legitimate reasons to be in Canada long enough to become common-law with someone, but turning up for a visit isn't one of them.

Certainly, someone can legitimately visit their boyfriend and decide to stay longer than a visitor visa. They just have to apply for an extension to the visitor visa. These usually come in 6 month chunks and would have to be extended each time, but with no guarantee that they'll be granted.

No, being in Canada on a visitor visa and getting it extended is not illegal. You will have a valid status, that of visitor. You just won't be able to work or go to school.

Look, there are lots of people that do exactly what you're talking about. But there are risks. You could get turned away at the border and you could also have your extensions rejected or even have your visitor visa cancelled.

Try to find a visa that will allow you to stay for longer than 6 months, and enter the country that way. Or have your partner stay with you for the year.

 

[epmarshall]

Just remember it take a year of living together to qualify as Common-Law. I doubt at the boarder they will allow you into Canada for a year without work or ties back to your home country so you can meet common-law status.

Is there an option for your partner to live with you in the US for a year? that way as soon as you qualify for common-law status you can put an inland PR application in with a work permit attached.

Hopefully one of the seniors on here will be able to give you a more accurate run down of what options are available to you.

I will look into ways he could live here in the US with me for a year. It's definitely more convenient in Canada because his family is offering us low rent until we can get on our feet. Also, there are disabled kids in my family which complicates things somewhat, but I may have some options down here opening up soon. I'll have to start planning and seeing what I can do.

I'm not exactly against the marriage option, since if I'm right that would mean we could just get married and immediately start going through with the application, right? However, I just feel like more time to prepare for that would be good rather than having to do it immediately and be rushed for CBSA or immigration purposes.

There's a couple of different scenarios: someone in Canada on a long term visa (temporary resident/student/working holiday/etc etc etc), or the reverse (a Canadian in another country on a long term visa) or even a Canadian with dual citizenship staying with someone overseas. Basically there are legitimate reasons to be in Canada long enough to become common-law with someone, but turning up for a visit isn't one of them.

Certainly, someone can legitimately visit their boyfriend and decide to stay longer than a visitor visa. They just have to apply for an extension to the visitor visa. These usually come in 6 month chunks and would have to be extended each time, but with no guarantee that they'll be granted.

No, being in Canada on a visitor visa and getting it extended is not illegal. You will have a valid status, that of visitor. You just won't be able to work or go to school.

Look, there are lots of people that do exactly what you're talking about. But there are risks. You could get turned away at the border and you could also have your extensions rejected or even have your visitor visa cancelled.

Try to find a visa that will allow you to stay for longer than 6 months, and enter the country that way. Or have your partner stay with you for the year.

That explanation makes sense, thank you. My plan was that I wouldn't need any other visa, since I am working on stabilizing my online income before that point. That's why I wanted the visitor visa option.

I'm surprised about what you said regarding visa extensions, as I've heard before they are usually pretty easy to get. But maybe I'm wrong there, as I have no personal experience on it. Are you saying they'd probably deny me an extension for staying for so long? Or are you just trying to inform me of all possible risks ahead of time so I'll be aware.

Thanks again for replies!

 

[Amalthea]

I will look into ways he could live here in the US with me for a year. It's definitely more convenient in Canada because his family is offering us low rent until we can get on our feet. Also, there are disabled kids in my family which complicates things somewhat, but I may have some options down here opening up soon. I'll have to start planning and seeing what I can do.

I'm not exactly against the marriage option, since if I'm right that would mean we could just get married and immediately start going through with the application, right? However, I just feel like more time to prepare for that would be good rather than having to do it immediately and be rushed for CBSA or immigration purposes.

That explanation makes sense, thank you. My plan was that I wouldn't need any other visa, since I am working on stabilizing my online income before that point. That's why I wanted the visitor visa option.

I'm surprised about what you said regarding visa extensions, as I've heard before they are usually pretty easy to get. But maybe I'm wrong there, as I have no personal experience on it. Are you saying they'd probably deny me an extension for staying for so long? Or are you just trying to inform me of all possible risks ahead of time so I'll be aware.

Thanks again for replies!

Visitor visa extensions are easy to get, if you have a pending PR application. You are asking to extend your visitor visa, so you can qualify for common law, so you can later apply for permanent residence. It seems like a bit of a stretch, and they could deny your request. I really suggest considering marriage. My partner and I eloped to expedite the process, took some pictures, and had a reception later on for family.

I'm not sure you can legally work online in Canada, but I could be wrong about the stipulations for that. It might depend where the money is coming from. If you're working online for a business in the US, you should be fine. Hoping someone who has navigated these waters can extrapolate further on working online in Canada on a visitor visa.

 

[Amalthea]

As far as border crossings go, this last trip up I was wracked with nerves as I had my husband, dog, and a few suitcases/my computer in the trunk. I'm currently residing in Canada as a visitor waiting out the rest of the process.

I spent a lot of time thinking about it and my partner and I decided it would be best to lie (slightly) at the border. I said that I was visiting for 6 weeks for our 1 year anniversary, and when they asked about my job I told them I was still employed. That I still lived in Oregon. (Even though my intent was to stay and extend my visitor visa). He then asked how often I come to Canada, and I said I haven't been since last year, and he snapped and said "That's not what I asked.". We said sorry, we take turns going back and forth about twice a year. He asked if I have ever stayed longer than 6 months and I replied no. He sent me on after that. It sure was a relief.

I've lied slightly every time I've crossed about my intentions (after thoroughly wiping my car/phone for evidence to the contrary) and have found that it's served me well and I'm through the booth in 15 seconds. You have to do what's right for you but keep in mind they are trying to determine if you're likely to to stay or work in Canada illegally. If you get caught lying, you could be in huge trouble.

Best of luck to you!

 

[epmarshall]

Visitor visa extensions are easy to get, if you have a pending PR application. You are asking to extend your visitor visa, so you can qualify for common law, so you can later apply for permanent residence. It seems like a bit of a stretch, and they could deny your request. I really suggest considering marriage. My partner and I eloped to expedite the process, took some pictures, and had a reception later on for family.

I'm not sure you can legally work online in Canada, but I could be wrong about the stipulations for that. It might depend where the money is coming from. If you're working online for a business in the US, you should be fine. Hoping someone who has navigated these waters can extrapolate further on working online in Canada on a visitor visa.

I've asked before on the forum about online businesses and it seems like what you said is the general response I get. Seems so far that I'm in the clear as long as none of my clients come from Canada, and they do not.

As far as border crossings go, this last trip up I was wracked with nerves as I had my husband, dog, and a few suitcases/my computer in the trunk. I'm currently residing in Canada as a visitor waiting out the rest of the process.

I spent a lot of time thinking about it and my partner and I decided it would be best to lie (slightly) at the border. I said that I was visiting for 6 weeks for our 1 year anniversary, and when they asked about my job I told them I was still employed. That I still lived in Oregon. (Even though my intent was to stay and extend my visitor visa). He then asked how often I come to Canada, and I said I haven't been since last year, and he snapped and said "That's not what I asked.". We said sorry, we take turns going back and forth about twice a year. He asked if I have ever stayed longer than 6 months and I replied no. He sent me on after that. It sure was a relief.

I've lied slightly every time I've crossed about my intentions (after thoroughly wiping my car/phone for evidence to the contrary) and have found that it's served me well and I'm through the booth in 15 seconds. You have to do what's right for you but keep in mind they are trying to determine if you're likely to to stay or work in Canada illegally. If you get caught lying, you could be in huge trouble.

Best of luck to you!

Definitely appreciate the real life example, thanks! Sounds like a rough crossing but glad to hear you're in Canada with your husband now.

 

[jamsham12]

As long as you have ties to your county of residence the cbsa officer should not give you much problems.

 

[epmarshall]

Or have your partner stay with you for the year.

Also, about this option. Wouldn't this just put us in the same situation as we are already in, except with my boyfriend replacing me as the one being questioned and having to cross the border? I feel like I'm missing something and I'd appreciate it if someone could explain.

As long as you have ties to your county of residence the cbsa officer should not give you much problems.

I'll have a letter from my brother saying how he employs me in his office. That's about all I have, though. I'll also be bringing a letter of invitation from my boyfriend's family, of course. And I have a letter from my mom saying how she wants me to go back to college (this is genuine, she really does try and convince me to do this often) but I'm not sure if this shows home ties or not, so it might not even be relevant to bring with me in such a case.

 

[jamsham12]

If they question you, give the letter from your brother have him notarized it just for backup cause a notarized letter is a statement under oath in case cbsa questions the authenticity of the letter.

 

[Rob_TO]

In general, it's a silly game that you are forced to play when coming into Canada. CBSA and CIC have completely different sets of criteria when it comes to foreigners in Canada.

When crossing the border you only need to worry about CBSA. Their job is basically to make sure you are coming in as a visitor only, and will be staying only up to the 6 months that are usually allowed for a visitor. If you tell CBSA you intend to enter and then attempt to stay 1 full year to qualify for common-law, or that you intend to apply for PR inland and not ever leave... you could be asking for trouble. They may assume if you are denied an extension you will stay here illegally, and there is more a chance for you to work illegally also. So basically your "intent" upon entering Canada, should be to stay up to 6 months, and what luggage you bring and what documents you have on hand should support that. So just bring luggage suitable for a visitor, show you have funds that will support you for 6 months or have a letter explaining a partner will be supporting you, have a return ticket back to US dated less then 6 months away (if flying or taking commercial bus service), and any other things you can think of that show ties to the US. And NEVER use words like "moving to" or "living"... it's always "visiting" only.

Also be careful about what you are carrying in your luggage and what's on your phone. CBSA can go through all your stuff including your phone, and if you have phone messages or documents indicating you intend to stay in Canada forever, you could be in trouble.

The good thing about "intent" is that it can change at any time and that is why as long as you are allowed into Canada by CBSA, you can then apply for as many extensions as you want and don't have to return back to US. Once you are allowed in, you can basically do what you want and what you said to CBSA is then irrelevant.

With CIC, they couldn't care less about how long you intend to stay in Canada, or if you're visiting or living here. No matter how long you told CBSA you will stay, you can then apply for as many visitor status extensions as you want in order to get common-law status, or you can apply for PR and stay here forever basically. As long as you maintain your legal status, you will never have a problem.

But then each time you exit Canada and re-enter, you have to go though the whole thing again. At least though once you have the PR app in progress, it usually becomes a lot easier with CBSA to enter.

 

[epmarshall]

In general, it's a silly game that you are forced to play when coming into Canada. CBSA and CIC have completely different sets of criteria when it comes to foreigners in Canada.

When crossing the border you only need to worry about CBSA. Their job is basically to make sure you are coming in as a visitor only, and will be staying only up to the 6 months that are usually allowed for a visitor. If you tell CBSA you intend to enter and then attempt to stay 1 full year to qualify for common-law, or that you intend to apply for PR inland and not ever leave... you could be asking for trouble. They may assume if you are denied an extension you will stay here illegally, and there is more a chance for you to work illegally also. So basically your "intent" upon entering Canada, should be to stay up to 6 months, and what luggage you bring and what documents you have on hand should support that. So just bring luggage suitable for a visitor, show you have funds that will support you for 6 months or have a letter explaining a partner will be supporting you, have a return ticket back to US dated less then 6 months away (if flying or taking commercial bus service), and any other things you can think of that show ties to the US. And NEVER use words like "moving to" or "living"... it's always "visiting" only.

Also be careful about what you are carrying in your luggage and what's on your phone. CBSA can go through all your stuff including your phone, and if you have phone messages or documents indicating you intend to stay in Canada forever, you could be in trouble.

The good thing about "intent" is that it can change at any time and that is why as long as you are allowed into Canada by CBSA, you can then apply for as many extensions as you want and don't have to return back to US. Once you are allowed in, you can basically do what you want and what you said to CBSA is then irrelevant.

With CIC, they couldn't care less about how long you intend to stay in Canada, or if you're visiting or living here. No matter how long you told CBSA you will stay, you can then apply for as many visitor status extensions as you want in order to get common-law status, or you can apply for PR and stay here forever basically. As long as you maintain your legal status, you will never have a problem.

But then each time you exit Canada and re-enter, you have to go though the whole thing again. At least though once you have the PR app in progress, it usually becomes a lot easier with CBSA to enter.

Thanks, Rob_TO! You explained that perfectly.

I appreciate the help from everyone!

 

[pete_sk]

What you are asking about is essentially what I have been doing.

Each time I came across (from the UK) it was for periods of around 3 months or more, and so was taken to secondary and had to prove that my plan was visiting, not living. This, essentially, involved always having a return ticket to the UK booked, as I also run a small internet company (I spoke to various border guards about this; they always indicated there is no problem running your company via emails etc. whilst visiting Canada).

We were slightly different in that we were always planning to get married as soon as we both could (had to get divorced first!), but to be honest even if we weren't, I think we would have had to look at getting married regardless, as it makes the process a whole lot easier.

I would say that the advice about lying at the border is a little sketchy - I always told the complete truth and found (apart from on one occasion, ironically the time I arrived to get married!) that their attitude with me was great because of it.

But if I was to give one piece of advice, it would be to book a return flight (if you usually drive, get your other half to come and pick you up in their car and still have a flight home booked) for a couple of weeks out; 21 days or something. At that point you probably won't even be asked to go to secondary, and if you do you have proof of your plans to return.

At that stage you are likely to get through with no problems, and more often than not get a 6 month visa stamp. Even if they give you just the 21 days, you can still apply for an extension once there (and I think I am right in saying that you are on implied status once you apply, so no problems if the 21 day visa has run out).

(I came a couple of days ago for a 50 day visit, and despite there having been many visits in the last 15 months, and explaining that I was here to visit my wife, I didn't get much more than a "enjoy Saskatoon" from the CBSA guard. I had all kinds of proof of flights, payment receipts for PR application etc. with me - none needed)

But the key thing to remember is that you are absolutely not living here. You are visiting - say the word living and it is turn around and go back time.