IN THE NAME OF LOVE -- HELP! SPONSOR OF COMMON LAW

[vedranovski]

I thought of another idea. Please let me know what you think.

Considering her work permit was refused due to not having completed the educational requirements of the Canadian equivalency, would it be a better option for her to apply for a student visa (study permit) instead? Does that or doesn't that give her somewhat of a direction to apply for such a permit? Would the chances of approval be greater if she were to obtain an acceptance letter from an educational institution for an English course, along with her proof of identity, proof of financial support, and letter of explanation?

The courses are 14 weeks long and the next intake is in May. An acceptance letter can be obtained in time considering that the Vienna office 'study permit' processing times is 5 weeks with a complete application.

Maybe a long shot but still a possibility.

Thanks again.

 

[Ponga]

Thanks Ponga. Finances will not be an issue. Just to reiterate what you stated - she should inform the CBSA that she will indeed be living with me and I will be helping her out, if need be, financially? Should she classify me as a boyfriend or just as a family friend? A boyfriend seems like it would give her a reason to want to stay in Canada which will have a negative impact on the CBSA's decision. Thanks again.

NO! She should NOT say that she is going to be living with you, because until she has her PR, she cannot legally live in Canada. She will be `staying' with you while she is visiting you in Canada.

There's nothing wrong with her coming to visit her boyfriend. Besides, if she says that you are her platonic friend, and then you both [eventually] submit the application, claiming that you and she were a couple (on that same day, albeit in a long-distance relationship)...you could see how that could be problematic; the dates wouldn't match.

She should never lie to a CBSA officer, but she should also never offer `too much information' unless she is asked specifically.

 

[Rob_TO]

Thanks Ponga. Finances will not be an issue. Just to reiterate what you stated - she should inform the CBSA that she will indeed be living with me and I will be helping her out, if need be, financially? Should she classify me as a boyfriend or just as a family friend? A boyfriend seems like it would give her a reason to want to stay in Canada which will have a negative impact on the CBSA's decision. Thanks again.

As Ponga said, you should never lie to CBSA. If you are a boyfriend, then she needs to say she is entering Canada to VISIT her boyfriend. CBSA can and will go through all her phone messages and personal belongings, and if they find any indication that she has a boyfriend in Canada that could confirm she is lying to them, and would be grounds to refuse her entry. Its not illegal to visit a boyfriend or spouse in Canada, so that on it's own is no problem.

Make sure to be careful of the wording you use. NEVER say you are "moving to" or "living in" Canada to CBSA. Always use the term "visiting", and stress to CBSA that all immigration rules will be followed and will leave Canada once her status expires. Of course it's perfectly acceptable that once in Canada, she can apply for all the visitor status extensions she wants from CIC.

 

[scylla]

Considering her work permit was refused due to not having completed the educational requirements of the Canadian equivalency, would it be a better option for her to apply for a student visa (study permit) instead?

The courses are 14 weeks long and the next intake is in May. An acceptance letter can be obtained in time considering that the Vienna office 'study permit' processing times is 5 weeks with a complete application.

Nope - won't work. Study permits are only granted for full time courses greater than six months in duration. Hers isn't long enough.

 

[vedranovski]

Thank you to all who have commented and offered words of advice, care, and support. You have been more than helpful. You've given me and strength and confidence to keep moving forward. I will keep you posted on further developments. I hope you don't mind if I come back and ask one or two more questions along the journey. Thank you!

 

[CdnandTrini]

Thank you 'CdnandTrini'. Those are really good questions. I fear that the border security officer will suspect a false notion due to her visiting Canada following the work permit refusal. On the contrary, I believe that the return ticket to Croatia, in addition to proof of ties to her country and personal funds, might have some leverage in being let in. Have you heard of any cases similar to mine succeeding?

You are most welcome vedranovski . I asked scylla as well, because I do not have much knowledge in this area and am not familiar with cases like yours. Thankfully a few of the more senior members are giving you some good info./suggestions. And it is true that CIC and CBSA do operate differently so it makes sense that they might respond differently. Blessings,

 

[CdnandTrini]

At the border is a different story than applying for an extension once she is in Canada. We've had tons of people successfully obtain extensions from within Canada by saying they are requesting the extension since they are living with a Canadian and aiming for common law. When such an application is also accompanied by proof of funds/proof of employment from the Canadian - it seems to be quite easy to obtain extensions (i.e. CIC accepts this as a reason for extensions). At the border, she needs to prove she is only a visitor and behave as one. Yes - it could be held against her if she says she is coming back to stay with her BF given she hasn't been outside of Canada for very long and CIC may be concerned she is trying to live here.

Thanks for clarifying and answering the questions. This info. I am sure will be helpful. Blessings.

 

[CdnandTrini]

Scylla is explaining the way to deal with CBSA specifically on initial entry to Canada. They are different from CIC in how they go about assessing people.

Even if it's a traveler's intention to enter Canada, "live" here for more than 12 months to qualify for common-law status, and then apply for PR, a strict CBSA officer could view that as grounds to deny entry to Canada based on not having reasonable intention to actually leave beyond the initial 6 months they usually grant.

However once in Canada, CIC is much more lenient and you are then often able to extend visitor status multiple times to establish common-law and then during PR app processing.

So basically with CBSA you need to show initial intent to stay in Canada up to 6 months (hence the common recommendation to show a return airplane ticket), but once in Canada with CIC they don't care as much about this and their criteria for assessment is different.

Thanks Rob_To, yes I have had a few "strict" CBSA officers myself! Not fun. I'm also wondering if - or to what degree - do CIC & CBSA actually coordinate with each other on these matters. For example, if CBSA makes notes on their computer system that the OPs GF is entering for a visit (given her recent caregiver app. refusal) can CIC access the CBSA notes and refuse to extend the visa because they may perceive it as misrepresentation?

On the other hand, how would CIC even know if the OP & his GF just decided this trip that they would solidify their relationship? It often seems so arbitrary or random :..........Blessings.

 

[CdnandTrini]

Thank you to all who have commented and offered words of advice, care, and support. You have been more than helpful. You've given me and strength and confidence to keep moving forward. I will keep you posted on further developments. I hope you don't mind if I come back and ask one or two more questions along the journey. Thank you!

Of course you will be welcomed back with more questions! That's the reason the forum exists because we were (and hopefully most of us still are ) all madly in "global" love. This process is not easy, especially at the beginning. You are also one step ahead already if finances are not an issue. Sometimes the costs alone can drive couples apart.

Happy that you are feeling better and encouraged. You will need that strength to stay the course. Blessings.

 

[vedranovski]

Thanks Rob_To, yes I have had a few "strict" CBSA officers myself! Not fun. I'm also wondering if - or to what degree - do CIC & CBSA actually coordinate with each other on these matters. For example, if CBSA makes notes on their computer system that the OPs GF is entering for a visit (given her recent caregiver app. refusal) can CIC access the CBSA notes and refuse to extend the visa because they may perceive it as misrepresentation?

On the other hand, how would CIC even know if the OP & his GF just decided this trip that they would solidify their relationship? It often seems so arbitrary or random :..........Blessings.

Great question! If it did come to misrepresentation or wrongful perceptions I would have more than enough proof to back up our relationship through pictures of trips and throughout holiday cheer, texts, mail, etc. I believe the hardest part of this process will be crossing the border and being denied due to false speculations and misconceptions.

 

[CdnandTrini]

Great question! If it did come to misrepresentation or wrongful perceptions I would have more than enough proof to back up our relationship through pictures of trips and throughout holiday cheer, texts, mail, etc. I believe the hardest part of this process will be crossing the border and being denied due to false speculations and misconceptions.

Hi vedranovski, you mentioned in an earlier post that you could see this relationship heading toward marriage (just not now) and not trying to pry, so no pressure to share any info. you feel is private, but is there a possibility that if your GF gets a visitor visa you may end up getting married while she is here?

That may not be the intent while she is entering Canada, as the other members stated, she is visiting. The reason I ask is if you did decide to get married here, I believe she could get a work permit faster, while under implied status. The other members can correct me if I am wrong, but often times married applicants are not scrutinized as heavily as common law. Especially if there is a tradition in your GF's country to frown on CL instead of marriage.

Just a thought Blessings

 

[vedranovski]

Hi vedranovski, you mentioned in an earlier post that you could see this relationship heading toward marriage (just not now) and not trying to pry, so no pressure to share any info. you feel is private, but is there a possibility that if your GF gets a visitor visa you may end up getting married while she is here?

That may not be the intent while she is entering Canada, as the other members stated, she is visiting. The reason I ask is if you did decide to get married here, I believe she could get a work permit faster, while under implied status. The other members can correct me if I am wrong, but often times married applicants are not scrutinized as heavily as common law. Especially if there is a tradition in your GF's country to frown on CL instead of marriage.

Just a thought Blessings

Thank you 'CdnandTrini'. Anything is possible in this case. We are both young adults who would like to marry one another out of pure love; not due to immigration barriers or papers. We are enjoying the time that we have with one another and are always looking forward to the times when we will be together again. We are growing and maturing as a couple and we would not want to blur or misjudge the emotional values we have developed for one another. Time will pave its own love story for us and we both hope it will be here in Canada.

Anything is possible.

 

[CdnandTrini]

Thank you 'CdnandTrini'. Anything is possible in this case. We are both young adults who would like to marry one another out of pure love; not due to immigration barriers or papers. We are enjoying the time that we have with one another and are always looking forward to the times when we will be together again. We are growing and maturing as a couple and we would not want to blur or misjudge the emotional values we have developed for one another. Time will pave its own love story for us and we both hope it will be here in Canada.

Anything is possible.

I know it is something of an irony that due to immigration barriers some folks do end up having to get married in ways they do not always prefer. In one person's country because their spouse is not allowed to visit outside of the country, or due to work,family and/or school commitments that preclude times being spent together. You are right, time will unfold in exactly the was it is supposed to for your unique love story. Blessings.