What to do? Cdn girl going back home, UK boyfriend...

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Cdnhollie78Junior MemberUser avatar
Topic author
Posts: 17
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Joined: 4 Mar 2007
Location: Cheshire

What to do? Cdn girl going back home, UK boyfriend...

Post Thu Jan 03, 2008 1:04 pm

Hello!

I am in need of some advice. I am a 29 Cdn citizen living in England under a UK Ancestry Visa with my boyfriend. I am here temporarily as my job back home granted me a one year leave of absence and I am due back in May of this year. We are thinking that it would be nice for him to come back with me for approx 3 months. Now this is where it gets a bit worrisome for me. He is asking for a leave of absence from his current job to do this and will probably come over as a tourist. Does anyone know if the Cdn immigration officers are really picky with letting a person in like this? I'm reading up on this and it always says, the decision basically comes down to the POE immigration officer. My boyfriend has a mortgage here in England, so I'm hoping that can be proof of him not intending on staying in Canada without a proper visa. Also, would it be best if we arrived back in Canada together? Or does it make any difference? This by the way, would be his 2nd trip to Vancouver, not like it's been multiple entries.

Also one more question. what if his current employer allows him to continue working for them while living in Canada, as he is a computer network engineer and can do a bit of work from abroad. Would the Canadian Govn't need to know about this?

I'd appreciate any thoughts / advice!

Thank you :o
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AllyssaSuper Member
Posts: 172
Joined: 20 May 2007
Location: Canada

Post Thu Jan 03, 2008 5:32 pm

Let's look at one scenario at a time. First, if he is planning on just visiting for a 3 month term, I can see nothing wrong with that. 3 months is within the allowed time period for a visitor's visa and people travel to see friends all the time. It might be prudent for him not to joke about staying and marrying you in that time (or anything permanent like that). If you are really worried, just don't stand together in the line up at border control. As in entering any country, he will probably have to prove that he has the means to support himself for the duration of his visit. From my experiences crossing borders (not into Canada however), it is also generally expected that you have a return ticket proving your intention to leave the country within the time allowed for a visitor's visa.
The second scenario is likely a little more complicated. I would say that if he is planning to work for the UK company while he is in Canada that might raise a few more eyebrows and require a bit more explaniation. I would do my homework on this before coming if that is the route he chooses.
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Reba

Post Fri Jan 04, 2008 5:17 am

If he can show ties to the UK, and have with him a letter from his employer that states he is on approved leave and is expected back to work on XX date, and if he can show thta he has financial obligations in the UK he should be fine.

I see no reason why he would need to mention that he may be telecommuting while in Canada, unless he'll be travelling with all kinds of business type gear like laptop and manuals etc. And there should be no problem if you travel together if you also have evidence that you will be returning to the UK.
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StevenCanuckAbroad VIP
Posts: 3637
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Joined: 28 Sep 2007
Location: Calgary

Post Sat Jan 05, 2008 2:12 am

The visit isn't a problem, if he sits and works for the company via VPN then he is violating immigration law. How they catch him though is another matter. "Working" is defined by case law, basically you're allowed to attend meetings or company training for up to two weeks as a visitor (this is considered within the definition of "visitor"), but this is not a hard and fast rule, this is based on court cases. The actual entry is for six months in law, but he must act as an actual visitor would, i.e. not work.

Working via VPN is an area where the law has yet to catch up with technology.
Steve.
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Cdnhollie78Junior MemberUser avatar
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Posts: 17
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Joined: 4 Mar 2007
Location: Cheshire

Post Sat Jan 05, 2008 2:31 am

Thank you everyone for your posts. I am now feeling better knowing that 3 months shouldn't (key word) be a problem. Especially if he has a letter from his boss and maybe mortgage papers. Oh and of course a return ticket. As for the working bit, that sounds like a sticky situation, so we'll have to really think hard about that one.

Thanks guys!
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