In general, citizens from many visa-exempted countries come to Canada to visit their boyfriend or girlfriend, or even fiancée. Today, people seem to use such terms interchangeably, and it can create a legal issue at the border. In my definition, if you have a date to get married or at least have a definite plan to get married, you can be defined as “fiancé/fiancée”.
With various factors, it can lead to your clear intention to remain in Canada without leaving Canada after such entry. Such factors may be; no employment in your home country, no close family ties in your home country, no residential address in your home country, no financial support in your home country (your Canadian fiancé/fiancée supports you financially), to name a few.
On February 20th, 2017 the Federal Court, in Mata IMM-3086-16, found that the officer who did not let a US citizen into Canada for the above situation was reasonable. An American citizen was entering into Canada to be with her Canadian fiancé. She had no employment, no returning home address, no financial supports other than her Canadian fiancé, few family ties, had sold her vehicle and other possessions and had no return ticket to USA. Although she had a wedding date set in the USA and indicated her intention to return, based on the above, the Federal Court decided that the officer’s decision [not to let her enter into Canada AND give her an exclusion order (order prevent her enter into Canada for a specific period of time)] was reasonable.
We caution those who plan to enter into Canada with similar situations to plan your visit to Canada more carefully, such as seeking legal advice in advance to avoid separation from loved ones
If you have any individual questions or concerns, please contact our office for a more customized consultation for your unique situation. Please note that this posting is for general information only and is not to be considered binding or official legal counsel since situations will vary and can be complicated. The content in this post is current as of the day of entry. Due to the changing nature of Immigration law, the information in this entry may or may not still be applicable. (edit)