RedRobin

Hello. I'm a newbie and would appreciate any kind of assistance that you may be able to give me either with your input or links to articles that answer my questions

I'm dating a Canadian girl, she lives in Canada. I'm British, I live in England.

How long can I visit Canada for as a tourist during any one stay and if I leave and return again, does that same amount of time kick in again or is it limited to a particular amount of time during each 12 months for example?

If I was to marry her in Canada, would I be given the right to live there etc? Does the Canadian Govt like us Brits

Any help would be appreciated, thankyou.

MarkG

If I remember correctly, the maximum you can stay at one time is six months, but it's entirely up to the immigration officer you see when you arrive; they might give you six months, they might give you six days, they might refuse entry if you've been in and out of Canada for long stays over several years. Basically if they think you're trying to live in Canada as a 'visitor', sooner or later they probably won't let you in.

If you get married you should be able to get a residence visa in 3-12 months depending on where you apply and how big the backlog is.

L'il Bear

Hi and welcome to the forum

You can usually enter Canada for 6 months as a visitor - after this period if you wish to extend your stay you can apply for an extension (you should do this at least 30 days before your 6 months is up). It will cost you $75 and is a fairly simple form to fill in. Make sure not to mention that you wish to 'stay' in Canada and instead always use the word 'visit'.
You can find the application form here http://www.cic.gc.ca/english/visit/extend-stay.asp
if you want to check it out. You will need to tell them how much $s you have to support yourself and give the name and address of any one else that is willing to support you. I never provided them with a bank statement and they have been fine. I included a letter from my partner saying that she was willing to support me and how much she earns. As long as they can see that you won't be tempted to work or drain the system and you have enough money to fly home if needed then they seem happy (I am by no means rich and they have let me stay) Oh, another thing, make sure to put that you are willing and able to leave the country should your extension not be granted.
To apply for Permanent Residency you will have to prove that you are in a genuine and continuing relationship - so make sure that you keep all the evidence that shows you have kept in touch - envelopes of letters sent to each other, phone bills or calling cards, photos of you together etc. It will also help if you have lived together for at least a year before applying. I know that this can be hard to arrange - it might be worth you looking into Bunac http://www.bunac.com/uk/workcanada/
- this would allow you to live and work in Canada for a year and then you could apply for an extension as a visitor once this runs out whilst you apply for immigration. This is the route that I took. There is also the PNP program where you can apply for immigration with the help of your employer but there are other people on the forum who are more knowledgeable about that.
Once you are living together then you are able to collect other important evidence such as having a joint bank account, utility bills, rent agreement, letters sent to the two of you etc.
So...to apply for PR - you can go through `Family Class'.
http://www.cic.gc.ca/english/immigra...sor/spouse.asp
You get your whole package together - then your partner will have to be approved as your Sponsor before your package is sent on to approve you. I have applied through the ''Outside Canada' route (even though I am living in Canada) - it took around a month for my Sponsor to be approved and I expect the next process to take anything from 3-12 months. (http://www.cic.gc.ca/english/informa...fc-spouses.asp)

Anyways, I hope that this has helped a little and not scared you off!! Best of luck with your relationship -- I have been through the whole long distance thing (did it for too many years) and know that it's not easy...hang in there - it's worth it

If you have any more questions then fire away - I'll do my best to help.

MarkG

Good point; if you're under thirty, try to get a BUNAC 'working holidy' visa which will allow you to work in Canada for a year. Or if she's under thirty, there's a similar visa for Canadians wanting to work in England for a year.

(30 may not be the exact cut-off age, but it's around there)

Shinkansen

RedRobin,

Read this thread and thought I'd share my experiences.

I originally landed in Calgary to do a years working holiday with the BUNAC scheme from April 2006, and it was there on this programme at my workplace that I met my partner.

We had stayed every single night under the same roof from June 1st 2006 (yes I know the date!! We are that much in love!), albeit at two separate properties. This obviously doesn't count as "cohabitation" by CIC's standards and besides, I would never have managed to "cohabit" to CIC's requirements for a year after signing leases and living with travel-mates. So, her sponsoring me as her common-law partner was out of the question.

When my BUNAC visa expired in April 2007, she came on holiday to England for a month to meet the family and see the country. This was her first time ever out of Canada. She actually applied for her first passport to come visit. I stayed for an extra 10-14 days to see my family a little more, during which time we were never out of contact.

I returned to Calgary as a visitor and being the naive little man I was, thinking the Queen's head on the money trumps all, I had a one-way ticket. I assumed I would simply buy a ticket home when my money was close to running out. This is not good. The lovely immigration officer dropped huge hints to me, so I now know how to play the stupid game. She asked me if I had a return ticket to which I simply replied "No.". "Oh" was her reply, "Now, I have to ask you these questions. I hoped you were going to say yes.".

She then had to ask me how much cash I had, what form that was in, who I was staying with, their name and address, why I was entering the country ("...to see friends I had met on my original year out on the BUNAC scheme.."), my knowledge on acquiring legal status in the country etc etc... an interrogation pretty much. I was never actually asked to present any evidence of funds or a plane ticket, but for an extra £50 or so I will definitely be traveling on a return ticket in future. This really does go some way as to proving to the immigration officer that you will be leaving the country. If you want the full 6 months then make sure your return ticket is for 6 months time, you can always pay a fee and get the date brought forward.

So, in the end, she only gave me four months as a visitor in Canada and told me how I could extend my status and get a work permit. I stayed with my partner and attempted to find an employer who would be willing to process a work permit for me.

I went straight to my ex-employer who said "Sure, we'll do that for you.". Four months on and they still hadn't done it, despite my constant phone calls and harassing. During this time I was actively job hunting IN Canada to no avail thanks to my visitor status.

I had filed for an extension 50 days before the expiration of my visitor visa, trying to get the full 6 months, citing "I would like to remain with my partner in the country whilst awaiting a work permit" or words to that effect. BAD BAD news apparently, telling the truth to immigration. Obviously this extension was rejected (though it took two months to find that much out due to the huge processing times for anything) due to the fact I had mentioned my partner AND my work permit application.

Firstly, mentioning you have a partner in Canada is NOT a reason to have a visit. You have to get legal status with them some other way and then apply for permanent residence. Secondly, mentioning the work permit application is also not a reason to visit the country. If it comes through it comes through and you'll be allowed in regardless. It's also worth mentioning that my LAZY employer hadn't even gotten around to applying until three days before the rejection letter arrived, so, it ALSO made me look like an absolute barefaced lier which I feel incredibly embarrassed about. Still, who am I not to believe people? So, if you ever apply to extend a visitor visa, just say you want to holiday/visit for longer. Simple as that. *sigh*

We had moved into a joint-lease property on October 1st 2007, expecting the extension and work-permit application to have gone swimmingly. Then we could "cohabit" for a year and she could sponsor me as her common-law partner. Unfortunately I got the rejection letter and TO DATE, I have not heard anything about my work permit from my ex-employer. They said they'd applied in October, so it's been three months at least. Something is definitely up.

Because of this I have been spamming resumes, e-mailing prospective employers and I had plenty of interviews whilst in Calgary, but when it came to my legal status, they all told me to "get authorized first". Unfortunately, that is impossible as I require a job-contract/offer first IN ORDER to get a work permit. I cannot get authorized any other way without literally marrying my partner, which we are opposed to, and our decision not to is protected by the Supreme Court of Canada.

So, I have been stuck back in the UK for a month trying to earn money to get back out to Calgary either as a visitor or with a work permit. I unfortunately do not have any "highly skilled" work experience but I do have a three-year BA Honours degree in Industrial Economics. That really does seem to count for nothing in the world of immigration unless you have at least a years experience to go with it. As I went traveling with BUNAC after graduation, it was always my intention to start my career afterwards.

I'm currently looking into being sponsored as her conjugal-partner as we both have enough evidence to prove our bona fide relationship for the past 18 months and enough barriers to meeting common-law criteria, that I think we will be successful. I have been talking to other successful opposite-sex conjugal-partner immigrants and they seem to think the same.

I wish you all the best and wish I'd known all about ridiculous Canadian immigration law before I'd even left England on the BUNAC scheme. Mind you, I never intended on meeting my soul-mate on that journey. Funny how life turns out eh?

Shinkansen

L'il Bear

Hi,
Sorry to hear about the rigmarole you`re going through. I was just wondering if you went through the Student Bunac Visa as you had just graduated. If so then you are still eligible for the non-student one and can get your year together that way.
As regards to the visitor's visa, I was advised always to mention the word 'visit' instead of 'remain' or 'stay'. I have applied twice successfully now - the first time they actual called me and asked me what my intentions were - so I told them that I was planning to submit a PR application and wished to continue to visit with my partner whilst doing so - and that if this was not possible I was willing to and had the funds to return to the UK. They told me that this wasn't a problem and that I should have written this on the initial form - I was granted the extension and told to make sure that the PR application was in before it was due to run out. I did this and applied for a second extension along with the PR application - I asked for 6 months or if possible for the duration it would take for a decision to be made on the PR application. I made sure to state that I was willing and able to return to the UK if this was not possible. I received an extension for a year and hopefully a decision will be made on my PR application in the mean-time.

How does your partner feel about living in the UK with you for a year? Is this a possibility? My partner came over on a 2 year working holiday visa, you are allowed to work for half of the time - but as far as I remember you can break this up - she actually visited for a year and then worked - but I think that you can work for 6 months, take 6 months off etc - but you would have to look into that.

Just to let you know that I was warned against applying as 'conjugal' partners - a class that I thought would be ideal at first. We were not living in the same country originally as we were both at university (we met when she came over on an exchange for a year, but then she had a year to complete in Canada and I had a further 2 in the UK). Apparently this was not a good enough reason to be separated... in the eyes of CIC if we loved each other enough then we would quit our studies and live with one another - we loved each other tremendously and longed to be with each other, but it was unrealistic to not complete our degrees after the amount of time and money invested. So we waited and then found ways to live together (BUNAC) planning to apply for Common-Law, as it happens once we qualified for Common-Law we had Wedding plans underway so we waited until we were married to continue. At this point we had been together 7 years and the marriage was not for Immigration purposes (hence we waited to get married until we could qualify for common-law).
I got the impression that unless you are being oppressed in some way then qualifying for immigration as 'conjugal' partners is a minefield. As I said, we were advised against it and we are a same-sex couple with my OH parents being very opposed to the relationship. As far as CIC are concerned, if you love each other, then you will live together, even if this means that one of you lives on a 'visitor' visa and is not able to work.
It is good that you have had feedback of people going/gone through the process though but if I was you I`d get as much advice as possible on the subject. http://www.cic.gc.ca/english/immigra...o.asp#conjugal

I hope you get it worked out - ideally your old employer will pull through, but there are other options if they don't.

Best of luck

Shinkansen

Hell Lil'Bear,

No I went through the "non-student" route as I graduated and then worked in a casino for 18 months in order to either:-

1. See the world on the cruise-ships or
2. Set up shop in a country for a year and fund my holiday.

As my love for snowboarding was growing annually and I had visited Banff and Calgary before I decided to hotfoot it out there on the BUNAC programme.

I have looked into getting out there on the student-visa but seems like I have done it the wrong way around. Hindsight is a beautiful thing. You have to have been enrolled on a HE course for at least a year (if you've already done the non-student route) before you're even eligible to apply for the student one.

My partner is actually reluctant to currently leave Calgary in the near future as her mother is terminally ill. Whether or not there is grounds for this in the conjugal application I'm not sure but whatever, it's grounds I am personally willing to compensate for of course!! It's the reason I'm willing to do anything to get out there, I'm the one with no ties whatsoever.

It does seem a little harsh for CIC to expect you to drop absolutely everything, even long pre-arranged commitments such as being enrolled in HE (which I personally would have been of a long-term benefit to the country itself) but logic is something I am used to dropping now when I'm dealing with them.

I'm pretty much resigned to holding out for a work-permit and visiting as much as possible, and her the same. I don't know how long I can hold out for to be honest before I do something stupid like propose.... Gawd how backwards is this system?

Shinkansen

L'il Bear

I am sorry to hear that and totally understand. Fingers crossed for the work visa! Save like crazy and get out there as much as for as long as possible. It goes without saying to keep a record of all the visits and proof of travel etc.
I guess if you were to go for PR without the work visa you would have to have enough money to cover two years of living with the support of your partner - one year to get your common-law status and apply and one year while it's being processed...and that is easier said than done.
We are living on one income now and have been doing since March when my Bunac visa expired. I have savings in the UK but my funds have dwindled now and we'd like to have some safety net there if I return. Luckily we are pretty simple people and living to a tight budget is achievable as we are pretty thrifty and only cater for our 'needs' rather than our 'wants'. Plus we have both lived as students and as long as you don't stray from that mentality too much (minus the copious amount of beer...well, there is still some beer..) then it's not so bad

You could get things going such as a joint bank account though on your next visit I believe...though I could be wrong. I set up a joint bank account with my partner as soon as I got here and it wasn't a problem.

Anyways, no matter how you decided to go, I wish you the best of luck and regards to your partner and her mum.

....oh...and if you propose (good luck) then make sure you have a little (or big) engagement party....there's a question about it on the form

Shinkansen

Lol!

Thanks for the advice! Though I've heard if you get engaged then that shows an inclination to marry so *poof* goes common law. We survived on one income for 6 months while I was job hunting as a visitor. Whilst not comfortable, it is possible. God knows what would have happened if she'd have gotten ill though... that's where the UK employment law, in my opinion, is far superior. The Canadian workforce tend to get exploited a little more!

Luckily we set up a joint savings account before I returned to the UK. Plus my RBC account (which you need a SIN number to set up) is "frozen" as I managed to talk them into the fact I was "going on holiday for a while" and refused to pay the monthly fees. Banks really do have good customer service out there!! =)

I was using my English funds now and again whilst out there so yeah I know where you're coming from. I have to clear that up over here before I can even think of traveling back.

As for the work permit, I've read the LMO processing thread and people who applied in BC/Alberta around the same time my employer allegedly did are reporting processing times of 27-31 weeks right now so.... all is not lost!! I just hope they filled out the forms correctly.... *sigh*

Have a good 2008!!

Shinkansen

L'il Bear

You too! Best of Luck. Hang in there and keep us updated

RedRobin

Thanks for all the help. I will wade through this.

I posted the same thing on another site and was left a little confused about returning. It prompted me to ask the following question based on what someone said:

If I visit for a week in March and then return to the UK... I can't return for 6 months after leaving?

I'm planning a short trip in March but want to go back...

YYZlover

I visited 1 week march 2004 another week june 2004.
I visited 3 days in January 2006 and then again 3 weeks in march 2006.

Paul Wildy

Something that not everyone is aware of is that Immigration Officers have the power to grant you a 12 month Visitor visa at the border. So if you turn up planning on staying for 6 months there is no harm in asking them if you can have 12 months instead. They will want to see that you have the means to support yorself during that period and adequate medical insurance etc.

craig25

Iam in the same boat as you,my canadian gf was living with me while she was on a uk visa,before she left we opened joint bank accounts,iam now in the process of applying for a bunac visa

craig25

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