returning to canada

[jaminc]

Hi all im hoping you can help.

I posted here before several months ago about my situation but ill repeat my situation now given my latest question.
I am a british citizen
I first came to Canada in Dec 5th 2012. I was granted 6 months stay at immigration staying with my Canadian girlfriend in alberta.
Immigration allowed me to stay for that period with a letter of invitation from girlfriend that she had sufficient funds to support me for that period.
I had to return home before the 6 months due to family problems back in the uk and returned on the 30th march 2013...
I returned again on the 8th of june 2013 with a return ticket booked for 6 months in advance assuming they would grant me the 6 months again and in the hope that during that time id apply for an extension and continue to stay for the 12 months required for us to be seen as common law spouses and allow us to apply for permanent residency.
ON entry to Calgary this time.. immigration only granted me 3 months stay saying im only allowed 6 months in any 1 year.
stamping my passport with a return date of 8th September 2013.
In the mean time at a lawyers advice we have applied for the extension to my visitor status and I am waiting to hear on the outcome. I was informed that whilst the application is in process I am still entitled to stay in Canada until I am given a decision either way.
What I woujld like to know is.
One.. if they decline my application to stay.. can I appeal this decision?
two.. if they decline and I have to return to the UK. how long do I have to go back for before I am allowed back in again.. I am assuming that if immigration told me I can only stay for 6 months in any given year that the year started on December the 5th 2012 and resets December 5th 2013... is this correct?
Im finding it impossible to get any hard information from the CIC website on this..
also if they decide that I cannot stay.. how on earth are we supposed to build up the 12 months requitred to be common law spouses..
any information on any of the above would be gratefully received.

many thanks in advance.

 

[Leon]

What did you say in your extension application? Did you say that you were trying to qualify as common law? Did you show that you have the funds to stay without working illegally? Did you show that you have travel insurance in case you have an accident or emergency?

You can stay until you get an answer but if they refuse your application, you must leave within 30 days. You can also qualify as common law by your girlfriend coming to stay with you in the UK or if you apply for a working holiday, you could get a one year open work permit. That would allow you to qualify as well. Otherwise, you could always get married.

 

[jaminc]

Hi thanks for the response.

In the application for extension I included an attached letter explaining our intention to declare common law and that I would not be working illegaly. We attached copies of my girlfriends payslips and explained that she has the funds to support me.
I didn't attach proof of insurance but I do have it.
I also included letters from back home of proof that I have a job to return to and family to return to etc.
I assume all that will help with the application?
interesting to know that they give you 30 days to leave though.. as we did wonder how long they give you from the point they may decline the application.
Ive not heard of the working holiday visa only for students or for under the age of 30 or something. I am 40. does that still apply?

 

[Leon]

If they order you to leave, departure order, it turns into a deportation order after 30 days. That is why you would have 30 days if you were denied. You definitely would not want to be deported. That would really mess up your plans.

The cut off for a working holiday is 30 so you are not eligible for that any more.

 

[jaminc]

HI Leon

thanks again for information.. DO you happen to know if they decline my application and if I return to the uk within the 30 days.. when I would be allowed entry again?

 

[Leon]

Since you shouldn't be in Canada more than 6 months out of every 12, you could try to re-enter around 6 months after you left.

 

[jaminc]

blimey that's not good news.. I was hoping that the 12 month period started at the time I first entered THat is.. dec 5th 2012.... assuming my visa is declined.. im guessing I will hear sometime in the next month or so. that would mean I would have spent 6 -7 months in total during the period of time dec 5th 2012 to the time I leave.. does it not reset again on the dec 5th 2013

 

[Leon]

It doesn't reset. They may however look at how long you were in Canada in the past 12 months at the time you try to re-enter. Say you were told to leave now and you use your 30 days and leave around Oct. 5th or so. Come December 5th, you will then have been outside Canada for 2 months and a week (April/March) plus another 2 months (Oct. 5th - Dec. 5th) so that is not 6 months, that's only a bit over 4 months. I do not think you should attempt to come back until you have more than 6 months outside in the past 12.