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| Subject: Visiting Canada |
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My girlfriend of five years, a South Korean citizen, has been in and out of canada for the past six years, mostly on student visas. On her most recent visit to Canada, we crossed into the border together. We were asked whether we were a couple, and not thinking twice, replied ´yes.´
The immigration officer noticed, in the computer, that I had sponsored a Korean woman for immigration in ´99, as a spouse, and that we were still married (we have been separated since 2001 and are in the process of getting divorced). Having confirmed that my girlfriend was here to visit me and had no intention of studying, the officer tore her student visa out of her passport and replaced it with a visitor visa that would cover this short visit only.
I´m already aware of the complications surrounding sponsoring a second spouse (especially since my ex was on social assistance for a period of time), and my question isn´t regarding this. Once married, my girlfriend and I are planning to live in Korea, where we face a whole new set of immigration challenges. Before that, however, I need to finish my B.A. So my question is this:
1. How long can my girlfriend stay here as a visitor, and/or how many times can she come in as a visitor? She plans on staying with me as a visitor while I finish my degree, and crossing the border into the US periodically in order to get new visitor visas as necessary. Our concerns are these:
a) On the most recent visit, the immigration officer said she was typing a "note regarding our situation" and attaching it to my girlfriend´s file. This means that each and every time my girlfriend comes into Canada, the immigration official will be aware that she has a Canadian boyfriend who is still married to another Korean woman, and who failed in his sponsorship obligation. Does this ´red flag´ limit us in our plans?
b) My girlfriend is almost 30 and has already been to Canada several times, on both Visitor and Student visas. Can they refuse her on the grounds that she´s already ´seen Canada?´ Will they require proof of sufficient funds for her to support herself while she´s here?
We get the impression that with the information now on my girlfriend´s file, regarding me, our relationship and especially my past, that immigration is now going to try and make it difficult for her to remain in Canada. I guess what we really need to know is what powers the immigration officials have to limit her visits with me. Although I only have a year-and-a-half left of school, we really would like to remain together during that time.
[07-10-2006,20:35]
[**.83.205.102]
Rob |
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A little more.. (in reply to: Visiting Canada)
I know that one of the qualifications for getting a visitor visa into canada is that the immigration officer has to be satisfied that the visitor will eventually leave Canada, and that if they know you have a spouse in Canada they´ll usually refuse you on these grounds.
BUT, Korea is not one of the countries that Canada does NOT require a Temporary Resident Visa for, so....I don´t think this applies, does it? If she just shows up in Canada at the airport, with a flight ticket showing a return date of six months from now, can they refuse her, knowing our situation?
Thanks a million to whoever is able to help me out with this.
[07-10-2006,20:46]
[**.83.205.102]
Rob |
Oops.... (in reply to: Visiting Canada)
...Korea is NOT one of the countries that Canada requires a Temporary Resident Visa for...
[07-10-2006,20:47]
[**.83.205.102]
Rob |
(in reply to: Visiting Canada)
your girlfriend misrepresented her intention to be in Canada as a student. That is not the best thing to do. Your ability to sponsor her will depend on the successful clearance of your past sponsorship. If your ex wife has collected social assistance during your ´convenant period´ (I think in ´99 it was 10 years) you are required to pay that welfare back to the government. Not only that - I do not believe you are allowed to enter into another sponsorship until the last one is complete, divorce or not. Roy will hopefully jump in here - he is the expert on this stuff.
as for
a) CIC has every right and jurisdiction to deny your girlfriend entry into Canada - regardless of visa issuance or not. Every time she leaves and comes back at this point, she is taking a risk of being denied.
You are on thin ice with CIC and I would not be inclined to push it.
[07-10-2006,21:54]
[***.121.220.199]
Sharon |
thank you (in reply to: Visiting Canada)
Very depressing, but thank you nonetheless Sharon. I pretty much assumed most of what you´ve told me, worst case scenario.
About the ´convenant period,´ I think you´re right about the ten years. I thought I had signed a document agreeing to ten years but seeing the spouse sponsorship time of three years on CICs site recently had gotten my hopes up. Altough my ex is no longer receiving social assistance, she did so for a substantial period of time. I´ll be getting in touch with the department in charge of sponsorships in default.
I guess the best case scenario would be 2009, once my sponsorship term is up for my ex, assuming I have fully paid back the social assistance she received during the convenant period. Perhaps if I´ve been making payments for those two years they´ll consider good intentions....
Thank you =( All this time we´ve been procrastinating, thinking that the only issue was getting over the moral implications of having a relationship while I was still married on paper. Now the consequences have caught up with us...
[07-10-2006,23:15]
[**.83.205.102]
Rob |
(in reply to: Visiting Canada)
if Roy is around to add his 2 cents... he might have more encouraging news. I know they changed the covenant period a few years back for spousal sponsorships. I doubt if it is retroactive but one can always hope.
[08-10-2006,04:21]
[***.121.220.199]
Sharon |
(in reply to: Visiting Canada)
Thanks, Sharon. I have an appointment with an immigration lawyer to get more clarification. I´ve also contacted the department that deals with sponsorship defaults so that I can get back on the road to being a ´good citizen´ again =)
[09-10-2006,05:56]
[***.131.9.58]
Rob |
(in reply to: Visiting Canada)
Bumping in the hopes that someone might know whether the amendment to the convenant period (now 3 years instead of 10) is retroactive...
[10-10-2006,08:08]
[***.131.9.58]
Rob |
(in reply to: Visiting Canada)
I recall something about 2003
[10-10-2006,13:32]
[***.121.220.199]
Sharon |
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