Visiting Canada from the USA

[mfour4]

My partner is an American who comes to Canada for the summer months. ( 5 to 6 months) If she returns to the USA for lets say 3 weeks, does the clock restart on her return to Canada, or does she have to be away for a minimum amount of time, like a Canadian visiting the USA which I believe is 30 days .
Thanks for any help.

 

[rhcohen2014]

there is considerable debate about this. some of us (like me and my husband) have been told by CBSA it's 6 mo. per calendar year, and others have suggested/been told it's 6 mo per visit. I guess it really depends on the border agent you get. What most people do is apply for an extension for visits, and CIC will extend the stay. It's important to apply for an extension at least 30 days prior to the current visit expires. However, since you are not married, I am not sure what the approval rate is for this. It is very high for married couples who have PR applications in. I would suspect, as usual, she would need to submit proof of her ties to the US (lease/mortgage, paystubs/work contract).

If she intends to leave canada and go back after a short time, then its VERY important she brings proof with her, and if she flies, have a return ticket. She can be given an exclusion order if they suspect she's trying to work/live there. That will ban her from canada for at least 1 year.

 

[Regina]

VISITING is VISITING and not LIVING in Canada. That's why the rule is a visitor should stay at home longer than visiting (at least). That's why after being 6 months in Canada a visitor supposed to stay in home country 6+ months, and have a residence (and other "ties") in home country and not in Canada.

 

[rhcohen2014]

VISITING is VISITING and not LIVING in Canada. That's why the rule is a visitor should stay at home longer than visiting (at least). That's why after being 6 months in Canada a visitor supposed to stay in home country 6+ months, and have a residence (and other "ties") in home country and not in Canada.

so then, by what you wrote, 6 mo. per calendar year seems pretty legit? i've never really understood this whole "resetting the clock" thing.

 

[Msafiri]

My partner is an American who comes to Canada for the summer months. ( 5 to 6 months) If she returns to the USA for lets say 3 weeks, does the clock restart on her return to Canada, or does she have to be away for a minimum amount of time, like a Canadian visiting the USA which I believe is 30 days .
Thanks for any help.

This can be a recipe for getting bounced at the border - hanging out in Canada for most of the year isn't really what is expected of a genuine visitor. She appears to be living in Canada without the correct visa. CBSA will want to know how she is surviving in Canada and will suspect she is working illegally. Safer route is to apply for an extension in country or depending on her qualifications look into NAFTA. As always depending on how serious you are there is always the option of sponsorship.

 

[Regina]

so then, by what you wrote, 6 mo. per calendar year seems pretty legit? i've never really understood this whole "resetting the clock" thing.

It is and it is not.
When a person arrives at POE he is asked by a border officer what is a purpose of his visit? And depending on answer and Border officer's judgement a person could get just an entry stamp (and that means he can stay in Canada LEGALLY for 6 months) or to get a stamp AND a hand written date of requested exit under the stamp. And that date could be any date for a period of time shorter than 6 months.

If a person did not get "an exit date" and stayed for 6 months and leaves in time then CBSA supposes he will stay in his country for a long time living his life in his home country: working, studying, dating, visiting relatives, traveling to OTHER countries. If rather then that , after couple of months in his home country he appears at POE again asking for another 6 months stay in Canada then there definitely will be questions WHY such long visits , so often and for such a long time?

 

[rhcohen2014]

It is and it is not.
When a person arrives at POE he is asked by a border officer what is a purpose of his visit? And depending on answer and Border officer's judgement a person could get just an entry stamp (and that means he can stay in Canada LEGALLY for 6 months) or to get a stamp AND a hand written date of requested exit under the stamp. And that date could be any date for a period of time shorter than 6 months.

If a person did not get "an exit date" and stayed for 6 months and leaves in time then CBSA supposes he will stay in his country for a long time living his life in his home country: working, studying, dating, visiting relatives, traveling to OTHER countries. If rather then that , after couple of months in his home country he appears at POE again asking for another 6 months stay in Canada then there definitely will be questions WHY such long visits , so often and for such a long time?

interesting. that certainly makes sense, and part of the reason i generally ask for 1-2 month stays, and give them an EXACT date i want to leave. They actually always give me more days than I ask for (up to a week usually). I think they use some calculation, because the last time I asked for March 21, and before he stamped my passport, he looked like he was counting in his head, then wrote March 25, and like i said they always give me more days than I request. Who knows really how they come up with what the come up with!

 

[mfour4]

Thanks to all who answered my question. I finally got through to CI and YES the clock does restart for an American visiting Canada for those who are interested.
In my case, I work 6 months here and spend the rest of the time south of the border ( Snow bird ) I have had issues with the American agents and will very likely be marrying my American partner, who is retired and applying for a Green Card .This has been suggested by more than one US agent as I very likely will spend more time state side than in Canada as time goes on.

 

[rhcohen2014]

Thanks to all who answered my question. I finally got through to CI and YES the clock does restart for an American visiting Canada for those who are interested.
In my case, I work 6 months here and spend the rest of the time south of the border ( Snow bird ) I have had issues with the American agents and will very likely be marrying my American partner, who is retired and applying for a Green Card .This has been suggested by more than one US agent as I very likely will spend more time state side than in Canada as time goes on.

and yet, i've been told by the agents who actually let me through the border, it's 6 mo. calendar year. it really depends on the border agent who is letting you through, and their mood in that moment. plus, i've people say they get different responses to the same question when they call CIC, so i'm not sure they are the most reliable source either.

 

[mfour4]

I hear you on that note..... and I'm afraid you are right ...the whole thing is very confusing and frustrating when even the border agents on both sides don't know all the regulations, and if you hit one having a bad hair day watch out they do have the final say.

 

[Regina]

They actually know. We do not.

 

[mfour4]

Sorry Regina, but I disagree. I have heard of too many incidents where there has been differing understandings between agents on how each one interprets
standing regualtions