IN THE NAME OF LOVE -- HELP! SPONSOR OF COMMON LAW

[vedranovski]

I met my girlfriend in Canada in January of 2014, while she was on a visitor visa from Croatia. She moved in with me in May and during this time she applied (outland) for a work permit as a live-in caregiver after receiving a positive LMIA from a future employer in Canada. Assuming that the application would be approved and that she would be called in for an interview and a medical, she flew back home to Croatia a couple of weeks ago. She left Canada with a return ticket on implied status, awaiting her approval of visitor visa extension. Unfortunately, her work permit (LMO) application was refused.

I have a couple questions to ask:

1.) Considering that a Croatian citizen does not need to apply for a visa to visit Canada, will she have trouble coming back to Canada in March to visit me? -- bearing in mind that she satisfies all of the criteria at the border (personal finances, return ticket to Croatia, staying with boyfriend, etc.).

2.) Once she is back in Canada, should I apply to sponsor her as a common law considering the two month travel gap or should we wait until we have lived together for at least 12 months?

Any comments or words of support/direction would be immensely appreciated. I am new to this forum and have found a copious amount of helpful material. I would just like some clarification on my specific case.

I give my word, within this forum, to support and help people in need in the same way that some of you may help me. For that I will be forever grateful. In the name of LOVE I thank you.

 

[scylla]

You don't qualify to sponsor her as your common law partner.

You need 12 months of living together continuously (not just dating). If she moved in with you in May 2014, then best case scenario - you would have qualified to sponsor her as your common law partner in May 2015 (if she hasn't left Canada). The fact she has left for 2 months is too long and CIC will view this as a break in your continuous cohabitation. This means that once she returns to Canada, you will have to start counting the 12 months again from scratch and will be able to apply to sponsor her as common law once you've lived together for a full year from the date she returns to Canada.

 

[vedranovski]

Thank you for your reply and comment 'scylla'. That is what I feared. We basically reset the clock to zero by assuming that she was going to be approved for her work permit. Bad move. We must move forward and live continuously for twelve months then. Do you have anything to add to my first question? Would she have trouble?

Also -- when it comes time to apply for a visitor visa extension after her six months, is it a good idea to specify the reason for extending is due to satisfying the common law requirement of living continuously for at least twelve months?

Thank you in advance 'scylla'. You have been most helpful.

 

[scylla]

If the ticket she has only covers the flight to Canada and not the flight back home - it's entirely possible she could be refused boarding by the airline. If not, the one way ticket could certainly create problems at the border. She needs a return ticket (i.e. she needs to have a flight into Canada and out of Canada). Otherwise it's impossible for me to say if she will have any difficulty re-entering Canada. She should make sure she is carrying proof of ties to her home country in case she is asked.

Yes - when you apply to extend her visit, it is absolutely fine to say that you are requesting the extension since you are working towards becoming common law.

 

[vedranovski]

Yes, she will have a return flight ticket with her at the border to show to the officer that she will be going back to Croatia. Stating that, is it a good choice to tell the officer the reason of visiting is to visit me, her boyfriend?
Should I write a letter of invitation to relieve some of the stress? Can I do something to help the situation out at the border? Any other proof of ties to her home country that she should cover that I have missed?

I know these questions are monotonous and that you may have answered them a thousand times before. Your patience is greatly appreciated 'scylla'. Thank you.

 

[scylla]

At the border, she needs to prove she is only a visitor to Canada and has no plans on remaining in Canada long term. So the most important evidence she can provide is evidence that shows home ties (i.e. job, property, etc.). Probably not a good idea for you to write a letter as this may point to an interest in staying in Canada long term.

 

[CdnandTrini]

At the border, she needs to prove she is only a visitor to Canada and has no plans on remaining in Canada long term. So the most important evidence she can provide is evidence that shows home ties (i.e. job, property, etc.). Probably not a good idea for you to write a letter as this may point to an interest in staying in Canada long term.

scylla - I think you are right about this; however, one of your other replies indicated that it is a good idea to write on the extension that they are wanting to apply to become common-law. Wouldn't it be the same kind of caution that should be used in applying for the extension as well? Or is it not seen in the same way because the OPs GF will already be here in Canada. And what about her refused care-giver application? Will it be held against her in any way if she says she is coming back to visit/stay with her BF?

 

[vedranovski]

scylla - I think you are right about this; however, one of your other replies indicated that it is a good idea to write on the extension that they are wanting to apply to become common-law. Wouldn't it be the same kind of caution that should be used in applying for the extension as well? Or is it not seen in the same way because the OPs GF will already be here in Canada. And what about her refused care-giver application? Will it be held against her in any way if she says she is coming back to visit/stay with her BF?

Thank you 'CdnandTrini'. Those are really good questions. I fear that the border security officer will suspect a false notion due to her visiting Canada following the work permit refusal. On the contrary, I believe that the return ticket to Croatia, in addition to proof of ties to her country and personal funds, might have some leverage in being let in. Have you heard of any cases similar to mine succeeding?

 

[scylla]

scylla - I think you are right about this; however, one of your other replies indicated that it is a good idea to write on the extension that they are wanting to apply to become common-law. Wouldn't it be the same kind of caution that should be used in applying for the extension as well? Or is it not seen in the same way because the OPs GF will already be here in Canada. And what about her refused care-giver application? Will it be held against her in any way if she says she is coming back to visit/stay with her BF?

At the border is a different story than applying for an extension once she is in Canada. We've had tons of people successfully obtain extensions from within Canada by saying they are requesting the extension since they are living with a Canadian and aiming for common law. When such an application is also accompanied by proof of funds/proof of employment from the Canadian - it seems to be quite easy to obtain extensions (i.e. CIC accepts this as a reason for extensions). At the border, she needs to prove she is only a visitor and behave as one. Yes - it could be held against her if she says she is coming back to stay with her BF given she hasn't been outside of Canada for very long and CIC may be concerned she is trying to live here.

 

[Rob_TO]

scylla - I think you are right about this; however, one of your other replies indicated that it is a good idea to write on the extension that they are wanting to apply to become common-law. Wouldn't it be the same kind of caution that should be used in applying for the extension as well? Or is it not seen in the same way because the OPs GF will already be here in Canada. And what about her refused care-giver application? Will it be held against her in any way if she says she is coming back to visit/stay with her BF?

Scylla is explaining the way to deal with CBSA specifically on initial entry to Canada. They are different from CIC in how they go about assessing people.

Even if it's a traveler's intention to enter Canada, "live" here for more than 12 months to qualify for common-law status, and then apply for PR, a strict CBSA officer could view that as grounds to deny entry to Canada based on not having reasonable intention to actually leave beyond the initial 6 months they usually grant.

However once in Canada, CIC is much more lenient and you are then often able to extend visitor status multiple times to establish common-law and then during PR app processing.

So basically with CBSA you need to show initial intent to stay in Canada up to 6 months (hence the common recommendation to show a return airplane ticket), but once in Canada with CIC they don't care as much about this and their criteria for assessment is different.

 

[vedranovski]

My girlfriend's work permit was refused due to not successfully having a Canadian equivalent education. I called CIC personally and asked what options she has at the border and one of the agents told me that the best choice is to be honest/complete and say that she is coming back to visit Canada to find out what equivalent education she needs to complete in order to be approved for a work permit. I find that advice very misleading since the officer can ask her why she did not do that from Croatia.

I feel torn but am madly in love. I would do anything to have her back here with me. I can definitely see myself marrying this woman but due to certain circumstances this is not a feasible choice at the moment.

From what I heard so far the best option is to have as much 'proof of ties to one's country' at the border, in addition to the return flight ticket and personal finances.

Thank you for all of your words of advice. Any comments will suffice.

 

[Ponga]

My girlfriend's work permit was refused due to not successfully having a Canadian equivalent education. I called CIC personally and asked what options she has at the border and one of the agents told me that the best choice is to be honest/complete and say that she is coming back to visit Canada to find out what equivalent education she needs to complete in order to be approved for a work permit. I find that advice very misleading since the officer can ask her why she did not do that from Croatia.

I feel torn but am madly in love. I would do anything to have her back here with me. I can definitely see myself marrying this woman but due to certain circumstances this is not a feasible choice at the moment.

From what I heard so far the best option is to have as much 'proof of ties to one's country' at the border, in addition to the return flight ticket and personal finances.

Thank you for all of your words of advice. Any comments will suffice.

It sounds like you have a good grasp of what she needs to do before returning to visit you in Canada. IMHO, the failed work permit is already known to CBSA, so she can expect a bit more scrutiny at the border, but if she's prepared, it will greatly help her chances.


Good luck!

 

[vedranovski]

It sounds like you have a good grasp of what she needs to do before returning to visit you in Canada. IMHO, the failed work permit is already known to CBSA, so she can expect a bit more scrutiny at the border, but if she's prepared, it will greatly help her chances.


Good luck!

Thanks Ponga! In regards to the airplane return ticket to Croatia, what would be a "belivable" return date before a CBSA officer begins to suspect somethting? I know this is a foolish question but I think it would not seem right if she has a return date to Croatia six months away from her visit to Canada. Three months perhaps?

 

[Ponga]

Good plan.

She must also be able to show that she has the funds (or access to funds) to cover her for the duration of her visit. She can tell them that you will help her, financially, and look after her while she is in Canada which often helps. Don't be surprised if CBSA calls you (or finds you in the airport) to have a quick chat to verify her `story'. I don't know how often they do that, but it does happen.

She should also have something from her employer (if she's employed at the time) corroborating the dates as `time off'.

 

[vedranovski]

Thanks Ponga. Finances will not be an issue. Just to reiterate what you stated - she should inform the CBSA that she will indeed be living with me and I will be helping her out, if need be, financially? Should she classify me as a boyfriend or just as a family friend? A boyfriend seems like it would give her a reason to want to stay in Canada which will have a negative impact on the CBSA's decision. Thanks again.