Which visa? I need help.

[JustineTT]

So, here is my situation. I am from the states and back in October, I crossed the land border into Manitoba making my way to New Brunswick. My fiance is a traveling nurse and lived there at the time. I wanted to stay for a couple of months. I had some trouble at customs because I didn't have a rental agreement or a job, something to come back to essentially. I was living with a friend for a while who didn't make me pay rent and I wasn't working because I was going through some personal things. I understand their concerns. They ended up giving me a 3-week visitor record. I was hoping to go to the border 3 weeks later and try to "reapply" for a visitor extension. I was 1 day late because I was waiting for my Covid results just in case I got back in.

They denied my entry and I had to drive all the way back home. Just a couple of days ago, I flew from Minneapolis to British Columbia, where my fiance's new assignment is. I bought a round trip. I got to customs in Calgary and they gave me a hard time, which I get, but it seemed a little harder than before. I have a job, I had proof of funds, and I was fully honest with them. After almost missing my flight, they let me through and I made it to BC. We plan on moving to the states after she takes her US nursing exam, but that could be a while since it's a very hard exam. I could definitely finish my schooling up here, but I can't do it online. So, that's hard with her job of traveling.

My questions are,

1. How can I make it possible for me to actually stay here longer?
2. If I don't take my return flight, can I still legally be here for the 6 months?
3. If I can be here for the 6 months, then will that make them not allow me back in later on or completely ban me?
4. What visa would be the best for my situation? My fiance and I aren't the big wedding type so we were just going to elope to the mountains in September.
5. If we did just get married sooner, would a spousal sponsorship be best?

I just really don't want to piss Canada off and make it harder for myself and my fiance later on if we plan to move back or visit Canada in the future. I've put in 25+ hours into researching. but it's hard to find things close to my situation.

Thank you!

 

[scylla]

So, here is my situation. I am from the states and back in October, I crossed the land border into Manitoba making my way to New Brunswick. My fiance is a traveling nurse and lived there at the time. I wanted to stay for a couple of months. I had some trouble at customs because I didn't have a rental agreement or a job, something to come back to essentially. I was living with a friend for a while who didn't make me pay rent and I wasn't working because I was going through some personal things. I understand their concerns. They ended up giving me a 3-week visitor record. I was hoping to go to the border 3 weeks later and try to "reapply" for a visitor extension. I was 1 day late because I was waiting for my Covid results just in case I got back in.

They denied my entry and I had to drive all the way back home. Just a couple of days ago, I flew from Minneapolis to British Columbia, where my fiance's new assignment is. I bought a round trip. I got to customs in Calgary and they gave me a hard time, which I get, but it seemed a little harder than before. I have a job, I had proof of funds, and I was fully honest with them. After almost missing my flight, they let me through and I made it to BC. We plan on moving to the states after she takes her US nursing exam, but that could be a while since it's a very hard exam. I could definitely finish my schooling up here, but I can't do it online. So, that's hard with her job of traveling.

My questions are,

1. How can I make it possible for me to actually stay here longer?
2. If I don't take my return flight, can I still legally be here for the 6 months?
3. If I can be here for the 6 months, then will that make them not allow me back in later on or completely ban me?
4. What visa would be the best for my situation? My fiance and I aren't the big wedding type so we were just going to elope to the mountains in September.
5. If we did just get married sooner, would a spousal sponsorship be best?

I just really don't want to piss Canada off and make it harder for myself and my fiance later on if we plan to move back or visit Canada in the future. I've put in 25+ hours into researching. but it's hard to find things close to my situation.

Thank you!

1. I'm not sure what you are asking with this question.
2. Assuming you were allowed in for six months and a shorter visit wasn't written into your passport, then yes.
3. Basically you want to make sure it doesn't look like you're trying to live in Canada as a visitor. So you would want to make sure you are spending more time outside of Canada than inside of Canada within any six month period. You're already flagged in the system at this point, so expect more careful scrutiny on all future entries. If you spend six months in Canada, then ideally you should remain outside of Canada for at least six months. If you spend six months in Canada, leave for a couple of weeks and then try to return for another long stay, that's attempting to live in Canada on visitor status and expect problems at the border.
4. Get married then have her sponsor you for permanent residency. Once you are a PR, you will be legally allowed to live in Canada and come and go as you please.
5. Yes, see answer above.

 

[JustineTT]

1. I'm not sure what you are asking with this question.
2. Assuming you were allowed in for six months and a shorter visit wasn't written into your passport, then yes.
3. Basically you want to make sure it doesn't look like you're trying to live in Canada as a visitor. So you would want to make sure you are spending more time outside of Canada than inside of Canada within any six month period. You're already flagged in the system at this point, so expect more careful scrutiny on all future entries. If you spend six months in Canada, then ideally you should remain outside of Canada for at least six months. If you spend six months in Canada, leave for a couple of weeks and then try to return for another long stay, that's attempting to live in Canada on visitor status and expect problems at the border.
4. Get married then have her sponsor you for permanent residency. Once you are a PR, you will be legally allowed to live in Canada and come and go as you please.
5. Yes, see answer above.

If I understood correctly while readying about spousal sponsorship, then it said I have to apply for temporary residency or visitor visa. It says one of the things an officer looks for is whether or not I have any ties back to the US that will make me go back after my visit. So, thats sort of a circle. Would I have to go back to the US sign a lease and get a job then apply for the visitor visa?

https://www.canada.ca/en/immigratio...eligibility-admissibility-considerations.html

My fiance is prepared to send any documents that they need with supporting me while here. However, I don't think they ask for that stuff when applying for a visitor visa.

 

[scylla]

If I understood correctly while readying about spousal sponsorship, then it said I have to apply for temporary residency or visitor visa. It says one of the things an officer looks for is whether or not I have any ties back to the US that will make me go back after my visit. So, thats sort of a circle. Would I have to go back to the US sign a lease and get a job then apply for the visitor visa?

https://www.canada.ca/en/immigratio...eligibility-admissibility-considerations.html

My fiance is prepared to send any documents that they need with supporting me while here. However, I don't think they ask for that stuff when applying for a visitor visa.

No, you do not have to have a visitor visa to apply for spousal sponsorship. You don't qualify for a visitor visa (TRV). TRVs are for individuals who hold non visa exempt passports. You hold a US passport and can enter Canada without a visa. Once you are in Canada, you are regarded as a temporary resident. This isn't something you apply for.

Having temporary residency in Canada just means you've been allowed in as a visitor. It does not allow you to live here or to enter and re-enter Canada as you please. Based on your history at the border, you're definitely flagged in the system at this point and so should expect higher scrutiny each time you enter.

 

[JustineTT]

No, you do not have to have a visitor visa to apply for spousal sponsorship. You don't qualify for a visitor visa (TRV). TRVs are for individuals who hold non visa exempt passports. You hold a US passport and can enter Canada without a visa. Once you are in Canada, you are regarded as a temporary resident. This isn't something you apply for.

Having temporary residency in Canada just means you've been allowed in as a visitor. It does not allow you to live here or to enter and re-enter Canada as you please. Based on your history at the border, you're definitely flagged in the system at this point and so should expect higher scrutiny each time you enter.

I know I'll get higher scrutiny and be sent to second security. Is there a point where they may "ban" me from Canada altogether or will it just be I'll keep getting denied until I can prove I will go back to the US? If I miss my return flight and stay for the 6 months, then I'll most likely just get denied next time I try to come back into Canada? I just don't want to get forever banned or something because I want to go back and visit Canada in the future.

After the 6 months (around Aug. 2022), my fiance and I plan to move to the states. So, I'll have a job, rent, and other obligations to show for if I go back up to Canada. Just for an example, say I try to visit Canada January 2023 or something, would having all documentation ready and funds available to help me get through customs? Even after missing my return flight and staying the 6 months. Or would they still tell me no?

Thank you!

 

[JustineTT]

No, you do not have to have a visitor visa to apply for spousal sponsorship. You don't qualify for a visitor visa (TRV). TRVs are for individuals who hold non visa exempt passports. You hold a US passport and can enter Canada without a visa. Once you are in Canada, you are regarded as a temporary resident. This isn't something you apply for.

Having temporary residency in Canada just means you've been allowed in as a visitor. It does not allow you to live here or to enter and re-enter Canada as you please. Based on your history at the border, you're definitely flagged in the system at this point and so should expect higher scrutiny each time you enter.

Help please. See other reply

 

[scylla]

I know I'll get higher scrutiny and be sent to second security. Is there a point where they may "ban" me from Canada altogether or will it just be I'll keep getting denied until I can prove I will go back to the US? If I miss my return flight and stay for the 6 months, then I'll most likely just get denied next time I try to come back into Canada? I just don't want to get forever banned or something because I want to go back and visit Canada in the future.

After the 6 months (around Aug. 2022), my fiance and I plan to move to the states. So, I'll have a job, rent, and other obligations to show for if I go back up to Canada. Just for an example, say I try to visit Canada January 2023 or something, would having all documentation ready and funds available to help me get through customs? Even after missing my return flight and staying the 6 months. Or would they still tell me no?

Thank you!

While it is rare, yes, it's possible to get a ban. Specifically a 1 year exclusion order if CBSA is really unhappy with what you are doing and stops you from entering Canada AND also issues the ban. Very rare to happen to an America but it does happen. If it ever looks like you may be refused entry, I would recommend not getting angry or debating this with CBSA or trying to argue with them why they should let you in. That's when you start risking an excludsion order. Also showing up with too many personal possessions that make it clear you're coming to Canada to live here.

It's really impossible for anyone here to tell you what will happen at the border. What we can tell you is what I already told you before: (1) you are already flagged in the system and can expect greater scrutiny each time you enter Canada; (2) you really need to be spending more time outside of Canada than inside of Canada in any given year so that it doesn't look like you are trying to live in Canada without authoriation

Again, impossible to say what CBSA will do. You may have issues next time or you may not. No one here can tell you one way or the other.