Commuting into US for work with PGWP

[Slapping1103]

I am about to graduate with a master's degree in Ontario while on a Canadian study permit. After graduating, I will be eligible to immediately apply for both a post graduate work permit and for Ontario's nomination for a permanent residence application through their non express PNP master's stream at the same time. I am also a US citizen.

I would like to stay and live with my Canadian partner in Canada and commute daily into the United States for the better job opportunities. I figure I can either opt for the visitor record and renew it for as long as they would let me or apply for the PGWP which would be valid for three years.

Is the PGWP the better route to take? Is this even feasible? This is keeping in mind that I would be applying for PR at the same time. I'd obviously have no issue entering the US but my only concern is the daily reentry into Canada. The long term goal would be to wait for my PR to come in from the PNP which I know I would be able to commute no issue with. And God forbid should that application fail, I will have checked all the boxes for spousal sponsorship for another Canadian PR application by the time the first PR decision is made.

Thanks.

 

[Slapping1103]

I got an update for any future US citizens looking into this. I have spoken to an immigration consultant that was available on my campus. On the matter of the daily commuting with just the PGWP, they could find no issues with the premise. I don't need a visa because I'm American and my status in Canada is granted by my PGWP. The only matter, as everyone has pointed to, is I will be assessed for inadmissibility every time I cross the border into Canada to come home. With a NEXUS card this really should not be that bad.


I'll be consulting with an immigration lawyer next to get a professional opinion and consider retaining them as an insurance policy.

 

[Slapping1103]

I got a final update to this question for anyone in the future.

It's pretty good advise to say you should scrutinize what immigration consultants say about what you can and cannot do. You should also do the same with lawyers.

I found out that my insurance has a benefit where you can call in and get access to a real lawyer and ask them whatever legal question you want for free. While they cannot provide any actual services, they can essentially tell you exactly how to navigate something legally and where to find a lawyer and to figure out if something is legal. So I called in and asked for a lawyer that could talk about immigration. They told me that I for sure would be running a risk every time at entry into Canada. However, since what I was proposing was commuting by and at a very large international corridor my risk should be low since the officers there are very familiar with people commuting there. They admitted I should find a lawyer local to that corridor as they would have more experience. Pretty much what we knew but at least I had a whiff of a chance with a certified lawyer that could possibly see it working. I was not satisfied with their confidence though so I spent the cash to have a real consultation with a local lawyer that from my reading was very familiar with the area's travel.

Long story short the answer is a hard no. But what was interesting, to me anyway, was how it was a hard no. I've posed this question over on Reddit and I got a load of people say it's because I don't have the right to enter Canada. Yeah that's true but I've entered and exited Canada before loads of times on valid status before. So long as I could prove I haven't violated any of the conditions on my permit I had been fine. The real reason this is a hard no is because of the fact I applied for the work permit and then never actually worked in Canada. That's a misrep. They only take the permit away best case, worse case they actually say misrep and I'm banned five years.

That explanation made perfect sense to me and now it's a hard no go.

I'm going to get my PGWP, live with my partner on the same lease for a year while at the same time put my name in to the Ontario PNP Master's stream. Right now my score would sit at a 63 once I graduate. If my name doesn't get drawn by the time we are legally common law I'll just go that way.