Crossing as Visitor, applying in-country

[mikegarycole]

Hey there, did a bit of a search, but couldn't turn this up.

My wife is a Canadian citizen, and I'm American. We've been living in the US (her with a green card), but now want to move back to Ontario.

We will be driving across. My question is this:

Can I just cross the border (Bluewater Bridge) in the moving truck and inform them of my intent to apply within country for PR status?

Thanks!

 

[Alurra71]

Hey there, did a bit of a search, but couldn't turn this up.

My wife is a Canadian citizen, and I'm American. We've been living in the US (her with a green card), but now want to move back to Ontario.

We will be driving across. My question is this:

Can I just cross the border (Bluewater Bridge) in the moving truck and inform them of my intent to apply within country for PR status?

Thanks!

If you are bringing a moving truck full of items it is best if you cross separate from your wife. As a returning resident she can bring her things back to Ontario to set up residence again, however you can not. You are only permitted to 'visit' until you are given your PR. I strongly suggest you think about coming separate in maybe your vehicle or something and only telling them you are coming to visit with your wife. Also, I would suggest you two apply via OUTLAND. You can be in Canada and still apply OUTLAND. It is a way faster process for a US resident to do it that way. Most US residents are getting their PR in roughly 5-6 months. That is FULL PR mind you. The INLAND applicants for 2013 are currently reaching 11+ months and they haven't even received first stage approval yet. Give it some serious thought

 

[MissRepresentation]

You will be dealing with CBSA agents when you cross the border instead of with CIC staff. Coming as a visitor and saying that you want to apply for PR is not likely to go down very well with them. In other words, you're screwed if you lie and you're screwed if you tell the truth.

 

[rhcohen2014]

You will be dealing with CBSA agents when you cross the border instead of with CIC staff. Coming as a visitor and saying that you want to apply for PR is not likely to go down very well with them. In other words, you're screwed if you lie and you're screwed if you tell the truth.

no this is not true for US citizens. If he tells the CBSA agents he is planning to visit his wife and apply for pr, they will be happy. either they will let him in with no issue for 6 mo or they will give him a visitor's record with an exit date written on it. This is very common practice for OUTLAND applicants. It's best if the OUTLAND application is already submitted, and he can show proof. They will check his status in the computer system and let him through. If the application wasn't submitted, then it's best to travel with receipts paid for the fees, the paperwork and your marriage certificate. They prefer US spouses who are "visiting" to have a pr application in process, so they know they are following the rules.

I suspect you don't know this because you may not be visa exempt. While it's more difficult for applicants requiring visas to enter as a visitor, when you are visa exempt, having an application in process (or proving intentions to) helps you get in for long periods of time.

To the Original poster - as mentioned above, if you attempt to cross the border with a moving truck full of your household belongings, you will most likely be denied entry. Only your wife can move her stuff back now, as she is returning home. As a visitor, you don't have the right to "move" or "live" in canada, only VISIT. It's very important to note this distinction.

Also, DO NOT APPLY INLAND. You will certainly shoot yourself in the foot. Outland is being processed in 5-7 months, which means you can be a legal resident in that time. You can not work as a visitor, though you can work remotely for a US company. While in Canada as a visitor, you can apply to extend your visit to help you get through the process if need be. If you apply inland, you will be "trapped" in canada for 1.5-2 years before being able to apply for jobs, sign up for health care and live as a resident.

 

[MissRepresentation]

I certainly am visa exempt. The OP said that he wants to apply 'within country' and not outland, although I agree with the member who said he should seriously consider applying outland.

 

[rhcohen2014]

I certainly am visa exempt. The OP said that he wants to apply 'within country' and not outland, although I agree with the member who said he should seriously consider applying outland.

right, inland is not recommended at ALL. While it's also not recommended he drive with a truck full of belonings, the opinion of "Coming as a visitor and saying that you want to apply for PR is not likely to go down very well with them" is completely inaccurate for someone who has applied or intends to apply and wants to be a visitor while in process. There are many of us who cross the border multiple times and don't experience issues since having an application submitted, even if we have in the past.

 

[MissRepresentation]

"Coming as a visitor WITH A FULL TRUCK and saying that you want to apply for PR is not likely to go down very well with them". I think we can agree that visitors aren't usually allowed to bring all their belongings with them and get away with it at the border, regardless of their country of origin. Otherwise I agree with what has been said so far.

 

[rhcohen2014]

"Coming as a visitor WITH A FULL TRUCK and saying that you want to apply for PR is not likely to go down very well with them". I think we can agree that visitors aren't usually allowed to bring all their belongings with them and get away with it at the border, regardless of their country of origin. Otherwise I agree with what has been said so far.

agreed.

 

[mikegarycole]

You can not work as a visitor, though you can work remotely for a US company.

I run my own design company in the US. Can I continue my design business in Canada as a remote worker, provided I obviously handle all my banking and taxes back in the US?

 

[rhcohen2014]

yes, technically. i am not sure how it works with canadian clients though. i would think it could be a slippery slope if you secure canadian clients while being a visitor in canada. technically, that can be seen as taking a job away from a canadian. i would say, as long as your clients are outside of canada, and get paid in the US, CBSA won't care.

 

[mikegarycole]

You guys are fantastic! I appreciate the help.