Fiancé coming to Canada

[Borderbull]

Hello all,
I have a friend who intends on bringing his fiancé on a travel visa to Canada from the US, declaring at the border that they intend on getting married and filing for her work permit and permanent residence directly after their wedding in Canada. From what I've read on this website that seems like a real grey area that she may or may not get approved. Sort of a "half legal" way of doing it. I've read that they should get married first and apply for a spousal visa before bringing her here. Now, he's heading down this week to pick her up and is confident it will all work out ok. What I'm wondering is...

1- is this method legal and likely to succeed?
2- what additional paperwork should they prepare, if any?
3- if this is not the proper way is it likely to ruin any chance she has of future immigration?

Like I said he's leaving this week, and I really want everything to work out for him and his soon to be wife, so any advice is much appreciated. Thank you.

 

[scylla]

You can certainly try this - nothing technically illegal about it. For this to succeed, it's critical the fiance be allowed into Canada. When someone is that upfront about their intention of remaining in Canada - sometimes this can cause issues with being allowed into the country.

If your fiance is not allowed into Canada for any reason, you can always get married in the US and sponsor her from outside of Canada (although the chances of being refused entry are low).

I would personally not be that upfront with this information (i.e. getting married and remaining in Canada) and only provide it if asked. I would pay the fees now related to the sponsorship application to demonstrate there's an intent to sponsor. I would make sure your fiance bring minimal luggage (only what a visitor would bring). It shouldn't look like she's moving here.

 

[Borderbull]

Appreciate the reply. From what I understand she intends to arrive at the border with all her possessions and her dog. It will be fairly obvious she's planning on immigrating.

 

[scylla]

Appreciate the reply. From what I understand she intends to arrive at the border with all her possessions and her dog. It will be fairly obvious she's planning on immigrating.

Yeah - that's very risky. I personally wouldn't do it. But obviously her life. She's not allowed to immigrate at this time or bring all of her possessions to Canada. No grey there - that's black and white. If she wants the highest chance of success, pack like a tourist (bring 1 suitcase) and leave all household items behind (e.g. small appliances, pots and pans, books, etc.).

This kind of behaviour increases the chances of a refused entry. Once entry is refused once, that definitely complicates future entries. Time to time (very rarely) we also see exclusion orders. This is where a person is refused entry and also banned from re-entering for a full year. She wants to avoid this at all costs. If it looks like she's going to be refused entry, she should take the refusal - don't argue with the CBSA officer. Refusals are bad enough - she doesn't want to end up with an exclusion order.

Also, if she's bringing all of her belongings with her, she should be prepared to fork money over to take these items into Canada (duty/tax). If she waits until she is actually a PR, she can bring them in duty/tax free.

 

[canuck_in_uk]

Appreciate the reply. From what I understand she intends to arrive at the border with all her possessions and her dog. It will be fairly obvious she's planning on immigrating.

As scylla said, this is very risky and could easily end up with her banned from Canada for a year.

Is she American?

 

[Borderbull]

Thanks again for your replies. She is an American citizen. It's sounding like their plan isn't a for sure yes or no, but that leaving the majority of belongings in the US and going back for them after permanent residence is achieved would offer the highest chance of success.

 

[canuck_in_uk]

Thanks again for your replies. She is an American citizen. It's sounding like their plan isn't a for sure yes or no, but that leaving the majority of belongings in the US and going back for them after permanent residence is achieved would offer the highest chance of success.

As an American, she should apply outland. Outland American apps average 6 months or less.