Canadian Visas (And Residency)

[SweatiePie]

A Thai friend of a friend of mine (I know it sounds trite, but that's how it is!) moved to Canada four years ago on a "marriage" visa to marry his Canadian boyfriend and to live in Canada. They never got married, but they have been living together; he has been working, legally, and has a Canadian "ID card" for medical treatment, etc. He has not made any moves towards Canadian citizenship as yet, as he still cannot read or write any English.

He phoned my friend recently to say that he was coming back to Thailand for a 2 month holiday early next year. He apparently has not done any "immigration-type" documentation in Canada and believes that he will not need any sort of visa to return to Canada. Is this likely, or even possible?

I have always had some doubts over his Canadian b/f's motivation; he is currently a "student" in his 40's, working as a part-time waiter, and is largely supported by his Thai b/f. I do not want to interfere unduly, neither does my friend, but it simply doesn't seem possible to me that long-term Canadian residency, including leaving Canada and returning, would be so easy. I have a nagging feeling that he may return to Thailand only to find that he is unable to return to Canada without a visa, if at all.

Can anyone calm my doubts?

Edited November 12, 2010 by SweatiePie

[mikecwm]

"Canadian "ID card" for medical treatment".<BR>That would be what is called a "Care Card" in British Columbia.<BR>If anyone tried to enter Canada by presenting a Thai passport (with no visa for legally entering Canada) and a Care Card they would be put on the next flight back to Thailand.<BR>The only way into Canada (for a Thai) is a valid visa granted by the Canadian authorities, a current Canadian Permanent Resident card, or a Canadian passport.<BR>The medical Care Card carries no weight at all.<BR>If he's been working legally then he probably (possibly?) has a Permanent Resident card - which is valid for 5 years from the date of issue - the day he first entered Canada.<BR>Maybe they should get married before he leaves for Thailand.<BR><BR>Good luck to them anyway.

[cdnvic]

Ask exactly what kind of card is it. If it's a PR card then he's got no worries. If he has a work visa it all depends on the expiry date.

[unblocktheplanet]

Ask exactly what kind of card is it. If it's a PR card then he's got no worries. If he has a work visa it all depends on the expiry date.

Fiancee visas are still quite common although the embassy in Bangkok treats Thais terribly. To enter Canada four years ago and work legally, this Thai would have had to have a temporary, renewable work visa (these are not granted to waiters, only to professionals doing jobs no Canadian can do) or landed immigrant status, now called Permanent Residence.

Six years ago, Canada introduced a PR card (the Osama card), which must be renewed every five years. If this Thai does not have a current card, he will not lose Canadian PR but will have to apply for a Travel Document for $75 to re-enter Canada. Canada's PR cards can only be applied for in Canada and must be picked up in person. If the card may expire before his return, he should wait to travel until he has a new one. In my experience, one should apply a full 10 months before the old card expires.

Of course, he won’t get back in unless he’s legal there. If he is, three years residency out of five means Canadian citizenship. After four years suffering, why not wait to accomplish this?

[cdnvic]

Because that citizenship is not that easy to get. If his English or French skills (only one needed) aren't very good he would have problems. I've known more than a few who failed to attain citizenship that way. They spend their time surrounded by Thais, they work with Thais, and as a result, speak mostly Thai while in Canada.

[dmsnsa]

This is how it goes:

If she has been living with him unmarried then the term has been long enough then she can qualify as 'common law partner'. If the period has been longer than 1 year and the documents (his/her/whatever) then the application doesn't even require Canadian BF (him, her, whatever). This is on paper, the problem with this path is this if you don't use a sponsor as leverage as a part on the immigration filing then the person is on their own (meaning they will be weighed judged on their own scoring at CIC). So I suggest that no one leaves the country, that whomever gets the 'common law partner' application for PRC filed, using a lawyer works well in these cases I suggest Andy Semotiuk, [email protected].

[Shurup]

Had to re-read it a few times. Is it a he/he relationship?