Girlfriend is in a troubled spot

[nocturnalcanadian]

Hi all,

My girlfriend has been staying with me and intends to immigrate.
January 13th she moved in with me.
June 28th she left for france for a week
November 8th she left again for a bit over 2 weeks.
she just got back today and the border officer said she's trying to stay illegally and said she can only stay until January 11th.
We were planning on applying for commonlaw and PR January 13th.
We're not quite sure what to do from here.

 

[hamgha]

What was her status?

 

[armoured]

We're not quite sure what to do from here.

Get married?

 

[scylla]

Hi all,

My girlfriend has been staying with me and intends to immigrate.
January 13th she moved in with me.
June 28th she left for france for a week
November 8th she left again for a bit over 2 weeks.
she just got back today and the border officer said she's trying to stay illegally and said she can only stay until January 11th.
We were planning on applying for commonlaw and PR January 13th.
We're not quite sure what to do from here.

Stick with your plans. It's not so much that she's trying to stay illegally and the fact that is looks like she is using her eTA to live in Canada which technically isn't allowed / is frowned upon by CBSA.

Apply for an extension to her stay before January 11th and then submit the common law sponsorship application as soon as you're able after Jan 13th. Avoid further travel outside of Canada for now and make sure you put together a strong application (i.e. have several pieces of evidence that date back to Jan 13 last year and show the full year of cohabitation).

 

[nocturnalcanadian]

What was her status?

She was just a visitor.

 

[hamgha]

She was just a visitor.

So she overstayed her visa based on my quick math!?

 

[nocturnalcanadian]

Stick with your plans. It's not so much that she's trying to stay illegally and the fact that is looks like she is using her eTA to live in Canada which technically isn't allowed / is frowned upon by CBSA.

Apply for an extension to her stay before January 11th and then submit the common law sponsorship application as soon as you're able after Jan 13th. Avoid further travel outside of Canada for now and make sure you put together a strong application (i.e. have several pieces of evidence that date back to Jan 13 last year and show the full year of cohabitation).

thanks this is what I think we'll do.

 

[scylla]

So she overstayed her visa based on my quick math!?

I don't see that.

During which period?

 

[Ponga]

So she overstayed her visa based on my quick math!?

Your calculator needs new batteries.

 

[hamgha]

I don't see that.

During which period?

So it's not on a rolling basis? Everytime she leaves it resets?

 

[Ponga]

So it's not on a rolling basis? Everytime she leaves it resets?

Should be reset, unless she's not a visitor that gets a full 6 months (each time) unless given a visitor record, or stamp in the passport with a date to leave.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1016&top=16

 

[hamgha]

Should be reset, unless she's not a visitor that gets a full 6 months (each time) unless given a visitor record, or stamp in the passport with a date to leave.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1016&top=16

and how are they not considered tax residents after spending more than 180 days, which is the case for most countries everywhere. i have to look into this further

 

[scylla]

So it's not on a rolling basis? Everytime she leaves it resets?

Not on a rolling basis. Yes, it essentially resets.

 

[Ponga]

and how are they not considered tax residents after spending more than 180 days, which is the case for most countries everywhere. i have to look into this further

Why?

She was in Canada for approximately 5 months, then visited France in June. [Not 6 months in Canada]

She returned to Canada in early July, but left again on November 8th. {Again, not 6 months in Canada]

She has now returned, so...what do you need to know?

 

[citizenshipcanada]

and how are they not considered tax residents after spending more than 180 days, which is the case for most countries everywhere. i have to look into this further

what is the relevance between tax resident and an immigration case ...obviously none ...in this case