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Don Cameron, former Canadian Consul in Seattle has added to this answer. Pay attention, he was there I have put his replies in maroon. You can contact Don at:
Donald Cameron
708 North Tower, Oakridge Centre
650 West 41st Avenue
Vancouver, BC
Canada V5Z 2M9
Telephone: (604) 303-9992
FAX: (604) 303-5844
E-mail: [email protected]
Read on!
-----Original Message-----
From: Donald Cameron [mailto:[email protected]]
Sent: Wednesday, July 30, 2003 8:17 AM
To: [email protected]
Subject: Re: Harvard Student from Montreal wants to Return to Canada temporarily w/ American girlfriend from Boston
At 12:45 AM 29/7/03, you wrote:
Dear Mr. Ingram and experts,
Thanks for your informative website--as a Canadian living in the US I've found out from the information there that I probably haven't been doing my taxes right... I will follow up on that later, but for now I have a couple of immigration questions:
Im a Canadian citizen and I've been living in Boston for 6 years while I do my Ph.D. Next year I hope to complete my thesis, I have no teaching duties at Harvard and they're giving me a stipend to live on while I write, with no requirement as to where I live.
Since the stipend will go farther in Canada, and the year after that I will be applying for jobs that are mainly in the States, it seems like my last chance for a while and a good opportunity to live near my parents in Montreal. So I plan to come back to Canada in September and rent an apartment while I write my thesis.
My girlfriend is American and she would like to accompany me to Montreal and live there with me for the year. I understand she can come for 6 months as a temporary visitor, and then apply for an extension. Will they normally grant a 6-month extension? If not, will it be sufficient for her to leave Canada for a week or so and then reenter the country for another 6 months as temporary visitor?
While the usual period for which genuine visitors are admitted to Canada is 6 months this period can be reduced by the Immigration Officer at the Port of Entry. (Non bona fide visitors are not admitted at all.) Extensions may be applied for inside Canada before the expiry of the initial period for which the visitor was admitted.
While popular folklore has it that applicants may obtain another long stay in Canada as a visitor by going back to the U.S. for a few days and then returning to the Canadian border, this is a procedure that I never recommend. I have seen too many cases in which it did not produce the results desired by the applicant.
I understand it might be possible, if necessary, for us to state an intent of returning to Canada to live and for me to sponsor her for immigration purposes.
To be admitted to Canada as a visitor applicants must satisfy the Immigration Officer that they intend to leave Canada at the end of the period of their temporary stay. In consequence, applicants seeking temporary entry who state an intent to remain permanently risk complicating their situations.
We're not married, and though we've basically lived together for a year we've also maintained separate addresses so I guess she
can't be my common-law partner, but I see there is another category of "conjugal partner". How does one establish conjugal partnership in the eyes of immigration law?
The new (since 28 June 2002) "conjugal partner" category of the Family Class does not require the one year of cohabitation with the sponsor necessary to qualify for Family Class sponsorship as a common-law partner. However, although Citizenship & Immigration Canada (CIC) has created extensive and detailed instructions for Immigration Officers to assist them in determining what is a genuine conjugal partner relationship, CIC has seen fit NOT be publish these selection criteria in the guides for sponsors and applicants.
If we got engaged would that change anything?
No. The "fiance/e" category of the Family Class ceased to exist on 28 June 2002. In other words, since then it has not been possible for a Canadian to sponsor a fiance/e for permanent residence.
There is also a chance that I get a job in Canada, in which case we would have to think about her getting permanent residency and citizenship. If we plan to get married one day down the line is that a fairly automatic thing?
"Fairly automatic" does not adequately describe the experience of dealing on a daily basis with my former colleagues at Citizenship & Immigration Canada!
Spouse of Canadians are refused permanent residence if the Immigration Officer believes that they have a "marriage of convenience". Fortunately, such refusals are appealable to the Immigration Appeal Division in Canada.
The basic requirement to avoid refusal is to be able to satisfy the Immigration Officer that the marriage is genuine and not just for immigration purposes.
Lastly, we would like to find out the options for her being able to work casually in Canada. She trained as a musician but there is not much chance of getting steady work in that field; basically she has been doing casual
work (secretarial; waiting tables etc.) while we figure out what to do next. Will it be possible, assuming someone in Montreal agrees to make her a written offer of a casual job, to return to the border with the paperwork and obtain a work permit from the Canadian officials?
No! While citizens of the U.S. (and Mexico and Chile) have advantages in obtaining Work Permits over citizens of all other countries (because of the free trade agreements with the U.S., Mexico and Chile), they are still not able to obtain Work Permits for any job.
Many thanks for any insight you might have as to our situation. I am finding it very difficult to get a trustworthy opinion at the moment.
All the best --JXXXXX XXXXXX
======================================
david ingram replies
You may return to Canada with no problem. Your girlfriend can likely visit you with no problem if you state you are in Canada temporarily and will be returning to the USA in a year. However, any person at the border can cancel this supposed right.
Your paperwork must be impeccable.
The right to be here as a visitor will NOT give her the right to work. For that you will have to sponsor her as a fiancee and actually marry her or marry her and sponsor her as a spouse.
There are NO guarantees. I will send you a bunch of the applications for Spouse, etc. for you to look at.
I sent this home to get a look at it and will send you forms from the office.
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
Regards,
Don
Donald Cameron
708 North Tower, Oakridge Centre
650 West 41st Avenue
Vancouver, BC
Canada V5Z 2M9
Telephone: (604) 303-9992
FAX: (604) 303-5844
E-mail: [email protected]
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