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What proof needed if accompanying spouse outside of Canada?

pepper123

Newbie
Nov 16, 2020
7
2
Hi! I'm a dual Canadian-US citizen and my husband is American citizen. My husband accepted his Canadian residency, and stayed in the country for a month or so. Due to life changes and family illness in the US, we did not end up relocating as planned - and have been living together in the US. We plan to visit Canada occasionally, and are curious if we'll have any issues at the border once he doesn't meet the 730 day requirement.

What proof should we have prepared to show at the border? Is a mortgage with both our names on it sufficient? Travelling with a toddler and want to make sure it all goes without a hitch!

Thanks for any advice!
 

armoured

VIP Member
Feb 1, 2015
15,502
7,894
Hi! I'm a dual Canadian-US citizen and my husband is American citizen. My husband accepted his Canadian residency, and stayed in the country for a month or so. Due to life changes and family illness in the US, we did not end up relocating as planned - and have been living together in the US. We plan to visit Canada occasionally, and are curious if we'll have any issues at the border once he doesn't meet the 730 day requirement.

What proof should we have prepared to show at the border? Is a mortgage with both our names on it sufficient? Travelling with a toddler and want to make sure it all goes without a hitch!

Thanks for any advice!
I'd say just tell the truth, and just have ID with you that shows your (joint) address.

Long term, there are roughly two ways this can go: they accept that you're living together and you don't have much in the way of hassles, possibly occasional delays in getting PR card renewed (with a US passport even boarding a plane won't be an issue, which it is for other passport holders without a valid PR card). Maybe some mildly annoying visits to secondary inspection at the port of entry.

Or they don't fully buy the 'accompnaying spouse' thing because he never really lived in Canada, and you end up deciding it's easier to renounce his PR status. And then he just enters as a visitor. And possibly in future you decide to relocate to Canada and you'll have to do sponsorship route again before he can work.
 
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Ponga

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Oct 22, 2013
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Hi! I'm a dual Canadian-US citizen and my husband is American citizen. My husband accepted his Canadian residency, and stayed in the country for a month or so. Due to life changes and family illness in the US, we did not end up relocating as planned - and have been living together in the US. We plan to visit Canada occasionally, and are curious if we'll have any issues at the border once he doesn't meet the 730 day requirement.

What proof should we have prepared to show at the border? Is a mortgage with both our names on it sufficient? Travelling with a toddler and want to make sure it all goes without a hitch!

Thanks for any advice!
Further to the excellent post above, even if/when he is questioned (perhaps at length) by CBSA, he will always be allowed to enter Canada as long as his status (irrespective of an expired PR Card) can be verified by the officer. If, however, an officer decides to issue him a 44(1) report because of not meeting the Residency Obligation to maintain his PR status, that could ultimately lead to his PR status being revoked. So, unless, or until that happens, just be prepared for extra time when he enters Canada.

Also, when he applies to renew his PR Card, the application must be submitted from Canada. The card can only be mailed to a Canadian address, but can then be forwarded (couriered) to him back in the states.
 

pepper123

Newbie
Nov 16, 2020
7
2
I'd say just tell the truth, and just have ID with you that shows your (joint) address.

Long term, there are roughly two ways this can go: they accept that you're living together and you don't have much in the way of hassles, possibly occasional delays in getting PR card renewed (with a US passport even boarding a plane won't be an issue, which it is for other passport holders without a valid PR card). Maybe some mildly annoying visits to secondary inspection at the port of entry.

Or they don't fully buy the 'accompnaying spouse' thing because he never really lived in Canada, and you end up deciding it's easier to renounce his PR status. And then he just enters as a visitor. And possibly in future you decide to relocate to Canada and you'll have to do sponsorship route again before he can work.
Thank you, that's reassuring! We're traveling this summer but he'll still be under the 1095 days, do you think it'll trigger any hassle? Our daughter only has a US passport so not sure if that would raise alarm bells for them...
 

pepper123

Newbie
Nov 16, 2020
7
2
Further to the excellent post above, even if/when he is questioned (perhaps at length) by CBSA, he will always be allowed to enter Canada as long as his status (irrespective of an expired PR Card) can be verified by the officer. If, however, an officer decides to issue him a 44(1) report because of not meeting the Residency Obligation to maintain his PR status, that could ultimately lead to his PR status being revoked. So, unless, or until that happens, just be prepared for extra time when he enters Canada.

Also, when he applies to renew his PR Card, the application must be submitted from Canada. The card can only be mailed to a Canadian address, but can then be forwarded (couriered) to him back in the states.
Thanks so much for your response. We're traveling this summer but he'll still be under the 1095 days, do you think it'll trigger any hassle? Our daughter only has a US passport so not sure if that would raise alarm bells for them...
 

armoured

VIP Member
Feb 1, 2015
15,502
7,894
Thank you, that's reassuring! We're traveling this summer but he'll still be under the 1095 days, do you think it'll trigger any hassle? Our daughter only has a US passport so not sure if that would raise alarm bells for them...
No, just tell the truth.

You may want to apply for your daughter's Canadian passport / certificate of citizenship however just to have that squared away. Assuming she's a citizen she should just declare it as such at passport control (even if she doesn't have the docs with her). I understand Canadian border officers a lot less strict about this than their counterparts in USA (who will often require a US passport); that said, jsut be upfront about it.
 
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