My girlfriend(American) and her time in Canada

[warrior737]

My girlfriend has been with me in Canada for 3 months. I would like her to stay with me here in Canada until we get married, a year or so away. She has visited me in Canada a couple time in the last 14 months, maybe 6 months in the last 12 months. I am getting concerned about travel across the boarder. We drive via the Pease Arch south of Vancouver. The last time we crossed into Canada the border guarded wanted to know the time line over the last year that she was in Canada.

What is the best way to allow her easy travel between our two countries. She will be in Canada 80% of the time. She does not need a job. She owns a house she is renting in the States. She just got her American Passport just over a year ago. She was originally from China. We are both in our 40s.

I appreciate any help. I have done some reading here and have found some answers.

Peter

 

[Riley Haas]

So, the basics:
Provided the CBSA officer allows her the normal entry period, she is allowed to enter for 6 months at a time. She needs to leave before 6 months are up and reenter, otherwise she'll be here illegally.
Second, there is apparently a formula for how long Americans can spend in Canada without become PRs and how long Canadians can spend in the US. An immigration lawyer in Montreal outlines it here: https://www.linkedin.com/pulse/why-canadians-must-careful-how-long-spend-usa-colin-r- I can't tell you with 100% certainty that what he says is true as I don't know the source but it's worth keeping in mind that the CBSA are likely doing some math every time she enters the country and, at some point, they may deny her entry.

Depending upon how long she's been here with you over the last 3 years, you could, in theory, live together for the next 9 months (including her leaving and reentering in order to maintain her legal status) and then you could apply to sponsor her common law. Once the application is submitted (while she is still here), she no longer has to worry about overstaying, though if she visits the US, she may have some issues.
The alternative is to marry sooner (legally, you can still have the ceremony later) and then sponsor her. And, depending upon what the CBSA do with her next couple entries, this may become your only option.
I hope this helps.

 

[warrior737]

My girl friend does not have to work. I love Canada and there is no way I would live in the US for an extended period.She has no problem living in Canada with me but wants to keep her American citizenship. Can she have both? What's the best way to allow her to move freely between Canada and the US without worrying all the time about the 4 month thing averaged over 3 years.

Much appreciation,

Peter

 

[Riley Haas]

The best way to solve that problem is to sponsor her for permanent residence. But you either have to be married, or common-law for at least 1 year. Those are the only options.

 

[warrior737]

What type of information do they what to prove that we have been together for over a year for common law?

I have been paying our cell phone bill for two years. I have been visiting her about a week a month up to the beginning of this summer and now she has lived with me for over 3 months here in Canada. She was with me for about 3 months last year.

Why will she have trouble going back to the States to visit once we make application for her PR? I understand that she can stay in Canada for 6month max at a time. She can only stay in Canada for a total of 12 months in 3 years. Does that mean she can stay two back to back 6 months with one visit in-between?

Do we have to wait for her PR card before she can move her belongings to
Canada.

Should I do the application through a lawyer?

Thanks,

Peter

 

[Riley Haas]

What type of information do they what to prove that we have been together for over a year for common law?

You need to sign a declaration in front of a notary and commissioner of oaths, and you need to provide proof that you both live permanently at the same address.

Why will she have trouble going back to the States to visit once we make application for her PR?

Well, she's not a permanent resident technically, but she'd be living in Canada as if she was a permanent resident. If she doesn't leave Canada, nobody is the wiser. If she leaves Canada, CBSA wonders what she is doing back here yet again when she re-enters.

She can only stay in Canada for a total of 12 months in 3 years. Does that mean she can stay two back to back 6 months with one visit in-between?

That's what I understand as well. Yes, it means she can come for six months both times, provided the second time she is given twelve months entry, and provided she hasn't already spent time within the last three years. She has, and so, if the formula is correct, she would not be allowed in for the full six months.

Do we have to wait for her PR card before she can move her belongings to
Canada.

People do move here before they are permanent residents. If you look around this forum, you'll see a few people who have done that. I'm not sure how they get through the border inspection. This is where the tricky "dual intent" comes in - she has to demonstrate that she has the intent to leave Canada if she does not become a permanent resident.

Should I do the application through a lawyer?

That is entirely up to you. A representative has done this multiple (or many) times before and knows what a successful application looks like. They can't guarantee success, but they can help you avoid common mistakes submit the best application possible.
We have immigration consultants (not lawyers) who specialize in sponsorship applications. If you are interested in speaking to one of them, a consultation is about $170 (including tax) and you can get a better idea if you need a representative. If interested, call us at 1-866-760-2623.