Can I "move" on a visitor's visa, waiting for PR visa to process
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Author Topic: Can I "move" on a visitor's visa, waiting for PR visa to process  (Read 3394 times)
TryingToGetHome
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« on: February 02, 2011, 12:26:17 pm »

I am having a baby in 1 month.  My husband is Canadian and resides in Canada.  He holds a Canadian passport.  I am an American and reside in the US.  I hold a US passport.

We are trying to get a permanent resident visa under the family sponsorship class so I can move to Canada with the baby once the baby is born, but while the visa is processing I would like to be able to "move" up there to be with him.  He doesn't want to miss out on any part of the baby's life, understandably.

If I crossed the border and was allowed to stay in Canada for 6 months without a visa, would I be allowed to bring in my personal belongings with me?  (for instance, furniture, vehicle, luggage, etc.)?  Or, would they view that as not intending to return and potentially reject my entry?

Also, how likely (unlikely) is it to get a visitor's visa that is longer than 6 months?  Do extenuating circumstances, or a current PR application give more incentive to be allowed to stay longer than 6 months, say 8 or 12 months? 

It would be a hassle to leave the country every 6 months so that I can re-enter and get a new visa and apply for health care all over again (Alberta allows this, I believe).

Thanks ...
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Baloo
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« Reply #1 on: February 02, 2011, 12:33:18 pm »

Visitors cannot "MOVE" they visit, so the theory is that you have to leave at the end of your visit. You may have to provide proof to an IO that you will leave.

If you turn up with your belongings, you are likelt to be refused entry.

See this information about visiting Canada
http://www.cic.gc.ca/english/visit/index.asp

You can apply for an extension of your stay.
http://www.cic.gc.ca/english/visit/extend-stay.asp

You don't usually get health care as a visitor, but it may be a grey area.

Permanent residents
All permanent residents of Alberta must apply for AHCIP coverage for themselves and their dependants. A resident of Alberta is a person who is:
legally entitled to be or to remain in Canada and makes his/her permanent home in Alberta;
committed to being physically present in Alberta for at least
183 days in a 12 month period;
not claiming residency or obtaining benefits under a claim of
residency in another province, territory or country; and
any other person deemed by the regulations to be a resident.
A tourist, transient or visitor to Alberta is not a resident.


http://easweb.eas.ualberta.ca/download/file/grad/Alberta_Health_Care_Application.pdf
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I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
Leon
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« Reply #2 on: February 02, 2011, 12:37:52 pm »

You are not allowed to move to Canada on a visit visa.  Showing up with a u-haul full of your furniture makes it extremely likely that you will be turned away.  You might even get red-flagged.  You may visit (without furniture) and stay for up to 6 months unless they specify a shorter time when you enter.  You do not have to leave and re-enter to extend your visit status.  You can apply to extend based on waiting for your PR, either online or through the mail.

I can not tell you what AB health allows but another poster said that he was sponsoring his pregnant wife for PR and she was given AB health while still on visit status.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
TryingToGetHome
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Posts: 31
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 21-03-2011
AOR Received.: 21-04-2011
File Transfer...: 05-05-2011
Med's Done....: 19-07-2011
Interview........: Waived

« Reply #3 on: February 02, 2011, 12:48:46 pm »

Thanks for the long detailed list, but I already know I can get AB health care coverage once I land, my question merely addressed the visitor's visa.

So, if I drive up with my new baby (who won't yet have a passport) and the only belongings we have are my dog (with proper documentation), my vehicle, and necessary clothes and items for myself and the baby, and we list our reason for wanting to stay 6 months is to stay with my husband while the PR is being processed, would that raise any red flags?

I was under the impression that I could get a document recording my entry (Visitor's Record) which could be for longer than 6 months, like 8 or 12 months?
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Leon
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« Reply #4 on: February 02, 2011, 01:34:06 pm »

Yes, you can ask for a visitor record allowing you to stay longer and once whatever they gave you is about to expire, you can still apply to extend.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Baloo
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« Reply #5 on: February 02, 2011, 02:34:59 pm »

Thanks for the long detailed list, but I already know I can get AB health care coverage once I land, my question merely addressed the visitor's visa.


Can you provide a link for this, it would help others.

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Leon
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« Reply #6 on: February 02, 2011, 02:42:58 pm »

I doubt it is on their website but AB health seems to be kind of liberal when it comes to coverage.  For one thing, they have first day coverage for people moving from another country and aside from the guy who was sponsoring his pregnant wife and managed to get AB health for her, there was another person here who told a similar story.  She was on a work permit so she already had AB health.  Her work permit was expiring though and she was pregnant and in the process of being sponsored so she wanted to change her status to visitor to wait for her PR.  AB health told her that she could keep her AB health after changing to visit status.

I think it is on a case by case basis.  No idea if there is an official policy but it may have been because they were pregnant or maybe it is in the case of spouse who are being sponsored.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
TryingToGetHome
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Posts: 31
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 21-03-2011
AOR Received.: 21-04-2011
File Transfer...: 05-05-2011
Med's Done....: 19-07-2011
Interview........: Waived

« Reply #7 on: February 03, 2011, 04:44:20 pm »

Yes, you can ask for a visitor record allowing you to stay longer and once whatever they gave you is about to expire, you can still apply to extend.


That's what I was hoping to hear, thanks.
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TryingToGetHome
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Posts: 31
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 21-03-2011
AOR Received.: 21-04-2011
File Transfer...: 05-05-2011
Med's Done....: 19-07-2011
Interview........: Waived

« Reply #8 on: February 03, 2011, 04:56:31 pm »

Can you provide a link for this, it would help others.



Sorry, I don't have a link.  I called AB health care in Edmonton to find out if I could be added as a dependent to my husband's health care.  I was told that I would be covered from landing (which like Leon said is different than other provinces).  I was also told that as a visitor I qualified, I just needed to send in a document recording my landing.  Someone used the correct term earlier - visitor's record?  Along with my passport, and a bill showing my husband had residence in AB such as a utility bill.  This was all confirmed by a lawyer in BC that I had an offhand conversation with.  But again, I only have verbal affirmation, the application appears to support my claim as well, as it only requires 3 pieces of documentation - a bill from your residence in either the applicant or spouse's name, a passport (doesn't have to be Canadian), and a document showing you're in AB for an extended duration, even as a visitor (visitor's record is listed as qualifying).  

According to the application, "A permanent Alberta resident is a person who has the legal right to remain in Canada, makes Alberta his/her permanent home, and is committed to being physically present in Alberta for at least 183 days in a 12-month period."

Apparently, according to the above, a visitor can make AB their permanent home.  

However, this is why having a visitor's record allowing 8 or 12 months (rather than just 6) is important, because 183 days is right at 6 months.  

Disclaimer: I am not a lawyer and I have no legal experience in Canada, I'm just repeating what I've been verbally told.  Hope it helps.

Here's a link to the application:
health.alberta.ca/documents/AHCIP-form-AHC0102.pdf
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Tiggilicious
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« Reply #9 on: February 10, 2011, 06:24:08 pm »

Your best bet would be to have your husband cross with you and do the talking explaining he is sponsoring you for PR.  Maybe pay the fee ahead of time and bring the receipts to show his intent to do it along with paystubs that he can financially provide for you during the PR process... and they would most likely give you a VR
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YorkFactory
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« Reply #10 on: February 13, 2011, 04:36:12 pm »

I was also told that as a visitor I qualified, I just needed to send in a document recording my landing.
This doesn't make sense.  Landing is the process of becoming a permanent resident; visitors will have no documents recording their landing because they aren't landed.
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TryingToGetHome
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Posts: 31
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 21-03-2011
AOR Received.: 21-04-2011
File Transfer...: 05-05-2011
Med's Done....: 19-07-2011
Interview........: Waived

« Reply #11 on: October 13, 2011, 10:15:23 pm »

Just wanted to update since I wasn't sure at the time of posting whether or not I would be allowed AB healthcare.

I came into Canada on April 6, 2011 over the border between Montana and Alberta by vehicle. At the border, I requested and was granted a 12-month visitor's record. The record was stapled to my passport. The border agent knew about my PR application and questioned me about my intentions. I had a 5-week old baby with me. The baby, Oliver, was born in the US but was Canadian by birth because his father (my husband) is Canadian. I told the border agent I was hoping to stay as a visitor for 1 year while my visa was processing and that our family wanted to stay together in Canada where my husband worked and lived. He didn't question me any further, processed the record and happily sent us on our way.

As soon as I got to our home in AB, my husband who has AB healthcare took me and our newborn son into an office that processes new applications for AB healthcare. Our application attached me and our son to my husband's healthcare. They only wanted to see a photocopy of my visitor's record showing that I would be staying in the province at least 6 months as well as a marriage certificate showing we were married (our last names are different still). After seeing that information, my son and I were both issued healthcare numbers and have been covered in AB since the day we crossed the border. (Maybe landing isn't the right term as I'm still a visitor).

I don't think other provinces are as free with their healthcare as AB is, but from experience I can tell you I am covered, have seen multiple doctors and had multiple tests done under the healthcare system in AB. I am still a visitor here. My visa has not yet been issued granting me permanent residency.

I hope this helps others hoping to come into AB.
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