Sort of a spin on US to Canada Visitor for a relationship.

[Ghostland74]

Me: From the United States
Girlfriend: Calgary AB

Goal: Move to Calgary AB to be with girlfriend on Visitor Visa or the 6 month out of the year scenario.

Scenario (Facts): We are both currently going through divorces. No this is not a rebound relationship so please don't suggest it. United States time to process divorce 92 days, Canada 1 year before you can even submit. I mention this because marriage is not an option at this time to get immigration into Canada. I plan to "visit" there in two months and stay for 6 months and apply for extensions. While there I will look for employment and get sponsored. I have some connections. I will be living with girlfriend and supply immigration with address and phone number if they ask.

My questions:


I plan to be employed by a US company that allows me to telecommute so just need internet connection: Is this ok with immigration when they ask me how I am going to support myself? I also have savings to supplement.

As stated earlier we are still both married and separated going through divorces. From what I have read you need to live for a full year with your partner for it to be considered common-law. Could that time technically start from the day I move in with her even though we are both married still? The divorces will process in 8 months for her and 3 months for me.

Is there any sponsorship that my girlfriend can do for me as girlfriend/boyfriend?

When crossing over the border via land: They will ask me how long I will be staying. I will respond with 6 months. What other types of questions can I expect? What could be red flags in them allowing me entry? I have a US company and family in the US but other ties to the US may be not there such as a residence. My lease will expire which is why I am not going to sign another lease right away if i am going to be out of country for 6 months.

My intention is to do everything correctly. I do not want to jeopardize me being allowed into the country this go around or any future visits should there be a need to.

Any other input I am not thinking about would be greatly appreciated.

Thanks!

 

[scylla]

1) Yes - it's OK to work for a US company remotely provided they have no Canadian clients.
2) Yes - the one year can start from the time you move in with her. You don't have to be divorced to start the clock.
3) No.
4) Red flags: packing like you're moving, insufficient ties to the US, insufficient funds to pay for your trip.

 

[Ghostland74]

Good information so far.

Another question. Can I open a bank account in Canada as a visitor?

 

[scylla]

Yes - you can.

It might take a few tries (you might have to visit a few branches until you find one that will do it) - but it's certainly doable.

 

[Ghostland74]

Would immigration ever catch wind of my Canadian bank account to include deposits? I am not intending to work but I have online work that I do. It will not be taking Canadian jobs.

 

[scylla]

No - they won't look and won't care.

 

[Ponga]

Yes - you can.

It might take a few tries (you might have to visit a few branches until you find one that will do it) - but it's certainly doable.

Another option, which might work better for you, is to convert her individual account (if she has one) into a joint account. Adding you to an existing account that she already has would be easier and would be beneficial for you when assembling your evidence of your relationship when you apply for sponsorship.

The requirements vary from bank to bank, but you should at least have a piece of mail that was delivered to her address with your name on it.

FYI, you'll not only need to have the 12 months of cohabitation `proof', but you'll also need a lot of `proof' that you're a real couple. Start thinking about what you'll need to gather for THAT piece of the sponsorship puzzle! :-\

Don't worry though, as you'll find plenty of help here (and in the Family Class Sponsorship forum).

*Edit*

Regarding some of your other questions:

There is no way to be sponsored as her boyfriend.

You can still apply for Common-Law sponsorship after 1 year of living together, even if you are not divorced from your current spouses, provided the marriage(s) has/have broken down and you have been separated for at least a year.

Determine whether you want to apply with an Inland application, or an Outland application. The majority of Americans opt for an Outland application, due to the processing time being faster, but there are a couple of advantages to filing Inland (ie, you want to stay with your partner and have no need, or desire, to leave Canada during the process [~12-18 months total]).

The issue of what happens at the border, is really anyone's guess. If you say that you plan to stay 6 months, you should, at the very least, have a return ticket (which you can always cancel, if your plans change and you decide to stay longer ), and proof of funds that will support your stay while `visiting' Canada. DO NOT SAY THAT YOU WILL BE LIVING WITH YOUR GIRLFRIEND!! You are allowed to visit Canada, but you are NOT allowed to live in Canada...yet. Yes, it's just semantics, but DON'T say anything about living in Canada.

Even though, as scylla confirmed, you can telecommute as long as you are remunerated outside of Canada (it's actually what I do as well), you probably shouldn't disclose that to the border officer. All it takes is someone to question the work issue and you're sunk. There is reference to this in a CIC document (available on their website) that describes `work' that doesn't require a work permit, of which one example is a person that works remotely via the internet by phone or computer.
Here's a link for you:
http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf
(see middle of page 29)

Good luck!

 

[Ghostland74]

Thanks Ponga, to clarify I totally understanding saying "living" with my girlfriend is bad but I can say I am "visiting" my girlfriend correct?