(Canada/US) Can my partner commute to work in the US while waiting for PR?

[ingles]

I am Cdn, my boyfriend is American. We live close to each other on opposite sides of the border, and have been spending all weekends and some evenings together for the past year and a half. We would like to move forward in our relationship (specifically him coming to live in Canada). I am a graduate student, and he has a good job in his city.

This is what I understand so far: (correct me if I'm mistaken)
- He can only sleep here and spend his days in the US if he is a resident of Canada
- We must be married in order for me to sponsor him, as we are not able to live common-law and keep our respective jobs in our respective homelands
- If we apply outland, he is allowed to leave the country while his application is processing

These are my questions:
- Is there a minimum income I must have in order to prove that I can support him? Although I receive a regular paycheque from my employer, it is technically a stipend and not a taxable income.
- Will he be prevented from crossing the border on an almost daily basis to go to work?
- Does the application have to finish processing before he can move here?
- Am I missing any glaring points?

 

[Ponga]

Welcome to your new favorite forum.

Not sure where you found the information, but...he can probably enter Canada as a visitor and can remain in Canada for up to 180 days, unless told otherwise by the CBSA officer. He could sleep in Canada and...remain in Canada, if he didn't have to return home for work during the week.

He definitely needs to have a `plan', so that he can answer the questions that he will be asked at the border:

Such as-
"What is the purpose of your trip?"

"How long do you plan to stay?"

Etc.

You are correct that the only way to begin the sponsorship process [now] would be to get married. If this is a viable option for all the right reasons (you know what I mean), then you can submit the Outland application (after you're married, of course). He may be able to visit you in Canada while his application is being processed. This is widely known as Dual Intent. You can read all about it on the CIC website.

Many people, especially those that are visa-exempt, usually have few problems coming to visit while their Outland application is being processed, however...there is never a guarantee of being allowed to re-enter Canada. It's up to the officer to make that determination each time the foreign national presents themselves for inspection.

There is no minimum income, but you need to show how you will support him once he becomes a PR. You cannot be receiving Social Assistance or be currently in bankruptcy proceedings. You will be financially responsible for him (in the eyes of CIC) for 3 years after the day that he lands.

He cannot move to Canada until his PR has been approved. The good news, at least for now, is that most Americans are completing the entire process in less than 6 months.

Outland applicants are free to leave Canada, just like Inland applicants. The major difference is that if an Inland applicant is refused re-entry, their application is in real jeopardy. This consequence does not apply for an Outland applicant as their application continues processing.


Good luck!

 

[profiler]

I am Cdn, my boyfriend is American. We live close to each other on opposite sides of the border, and have been spending all weekends and some evenings together for the past year and a half. We would like to move forward in our relationship (specifically him coming to live in Canada). I am a graduate student, and he has a good job in his city.

This is what I understand so far: (correct me if I'm mistaken)
- He can only sleep here and spend his days in the US if he is a resident of Canada
- We must be married in order for me to sponsor him, as we are not able to live common-law and keep our respective jobs in our respective homelands
- If we apply outland, he is allowed to leave the country while his application is processing

These are my questions:
- Is there a minimum income I must have in order to prove that I can support him? Although I receive a regular paycheque from my employer, it is technically a stipend and not a taxable income.
- Will he be prevented from crossing the border on an almost daily basis to go to work?
- Does the application have to finish processing before he can move here?
- Am I missing any glaring points?

No minimum income. You just can't be in receipt of social assistance.

Its upto the CBSA at the time of entry, and the officer he talks to, if they want to deny entry.

Technically yes. But he can move small items probably without rousing suspicion

 

[Ponga]

No minimum income. You just can't be in receipt of social assistance.

Its upto the CBSA at the time of entry, and the officer he talks to, if they want to deny entry.

Technically yes. But he can move small items probably without rousing suspicion

Unless CBSA is privy to the fact that a sponsorship application has been submitted. All personal items are supposed to be declared on form B4 before landing as a PR, but...I see your logic.

 

[profiler]

Unless CBSA is privy to the fact that a sponsorship application has been submitted. All personal items are supposed to be declared on form B4 before landing as a PR, but...I see your logic.

Because we did inland, my wife started shipping (via courier) boxes to me. Once the last was on it's way, she jumped on a plane. No large items. Just cosmetics, clothing, books, etc. The lawyer we consulted before said it was a great idea....

Though, I would recommend not "moving" until landing.

 

[ingles]

Welcome to your new favorite forum.

Not sure where you found the information, but...he can probably enter Canada as a visitor and can remain in Canada for up to 180 days, unless told otherwise by the CBSA officer. He could sleep in Canada and...remain in Canada, if he didn't have to return home for work during the week.

He definitely needs to have a `plan', so that he can answer the questions that he will be asked at the border:

Such as-
"What is the purpose of your trip?"

"How long do you plan to stay?"

Etc.

You are correct that the only way to begin the sponsorship process [now] would be to get married. If this is a viable option for all the right reasons (you know what I mean), then you can submit the Outland application (after you're married, of course). He may be able to visit you in Canada while his application is being processed. This is widely known as Dual Intent. You can read all about it on the CIC website.

Many people, especially those that are visa-exempt, usually have few problems coming to visit while their Outland application is being processed, however...there is never a guarantee of being allowed to re-enter Canada. It's up to the officer to make that determination each time the foreign national presents themselves for inspection.

There is no minimum income, but you need to show how you will support him once he becomes a PR. You cannot be receiving Social Assistance or be currently in bankruptcy proceedings. You will be financially responsible for him (in the eyes of CIC) for 3 years after the day that he lands.

He cannot move to Canada until his PR has been approved. The good news, at least for now, is that most Americans are completing the entire process in less than 6 months.

Outland applicants are free to leave Canada, just like Inland applicants. The major difference is that if an Inland applicant is refused re-entry, their application is in real jeopardy. This consequence does not apply for an Outland applicant as their application continues processing.


Good luck!

Thanks for the helpful info!

I've been browsing this forum and other places google took me to for the last week or so, and pieced together my info from that. Also, the US border services got testy with me last Christmas for crossing too much in a short period of time. We recently decided to look into options for living together, and without him finding work here or me becoming an international student (holy tuition, batman!), it is clear that marriage is the only way. Which is... not to be taken lightly. At all. I'm including that as a hypothetical, because it's where we see ourselves heading. I digress...

 

[ingles]

Unless CBSA is privy to the fact that a sponsorship application has been submitted. All personal items are supposed to be declared on form B4 before landing as a PR, but...I see your logic.

Would he be under any obligation to volunteer that information?

 

[Ponga]

Would he be under any obligation to volunteer that information?

No, but if asked he must be honest about it if the application has been submitted.