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DeedeeT

Newbie
Dec 3, 2015
1
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I have been reading lots of stuff about PR. And I'm really unsure about how to get started once we are married. We don't plan on getting married til spring next year. So I'm trying to ready myself for what's going to happen next. So if I go with the Outland approach, would me and my kids be able to live in Canada while the application is being processed? Another question is that would my kids be able to attend school during the application process? I understand I won't be able to work, and get health care. I'm Native American would I be able to go to a First Nations clinic? And my kids would have insurance threw their dad who is in the US Military. Would Canada accept tri care? I'm currently getting money from the kids dad for the kids expense. So I'm not too worried about my kids not having food and basic necessities. My fiancé has an apartment but plans on getting a bigger place once we are there. So if anything I can still help out some. for now those are my main concerns but if their is anything else I should be worried about I wouldn't mind any other advice. Also another thing would I need full custody for my kids? If I currently have joint custody. I have been given the okay to live in Canada with my soon to be husband from my kids dad. We discussed travel arrangements. If needed he can come to Canada to visit and I'll pay half the travel expenses. As we live in Washington state. I'm sure I'm going to have more questions down the road. Any helpful advice is welcomed. Thank you for reading my long post. Just a worried fiancé with kids. My kids school is a major concern for us.
 
Neither you, nor your children, can legally move to Canada until you have landed as a Permanent Resident. However, it's possible for you to `visit' your husband after you are married and potentially remain in Canada during the PR process.

Most Americans seem to complete the Outland process pretty quick (~ 8 months +/-), unless there are red flags (i.e., relationship concerns, criminality issues, etc.). It's very common for the American to come to Canada as a visitor while the await a decision on their application. You need to familiarize yourself with something called Dual Intent. You can read about it, here:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

Unfortunately, I don't think that your Native status in the U.S. will be of much help, because Canada doesn't have the same `policy' as the U.S. does, in terms of abiding by the Jay Treaty. If you were a Canadian with Native status, with enough blood quantum, you'd be entitled to immediately apply for Permanent Resident status upon entry into the U.S., but...it's not that way for those coming from the U.S., into Canada.

Since you have a few months to prepare, I suggest you spend as much time as you can here, learning what to do...and what NOT to do, to make your journey as quick and painless as possible. You will certainly need the consent of the father to bring your kids into Canada. It might be better for you to remain in the U.S., until you have been approved for PR, to minimize the impact on your children, since it's unlikely that they would be able to attend school in Canada until then.

Good luck!
 
Yes I'm 99% sure the children will not be able to attend school in Canada until you all have PR.
 
You may want to check into this a little deeper too.....pretty sure if you have aboriginal status, you are free to cross the border.

http://canada.usembassy.gov/visas/information-for-canadians/first-nations-and-native-americans.html

Under the Jay treaty, you should have the same rights as a Canadian if you have at least 50% American Indian ancestry. Might just work for you.

And doing a bit more research, it looks like if you are excluded from deportation for any reason as well. Nice to see there may be a few decent perks that go with your status.
 
Buletruck said:
You may want to check into this a little deeper too.....pretty sure if you have aboriginal status, you are free to cross the border.

http://canada.usembassy.gov/visas/information-for-canadians/first-nations-and-native-americans.html

Under the Jay treaty, you should have the same rights as a Canadian if you have at least 50% American Indian ancestry. Might just work for you.

And doing a bit more research, it looks like if you are excluded from deportation for any reason as well. Nice to see there may be a few decent perks that go with your status.

Not true:

You probably didn't notice this part (from the link that you provided):
Under the treaty and corresponding legislation, Native Indians born in Canada are entitled to freely enter the United States for the purpose of employment, study, retirement, investing, and/or immigration.



I [previously] found the following information in one of the enforcement manuals (ENF 4) that CBSA uses to assess a person at a Port of Entry:

American Indians not registered in Canada

It is the position of both the Canadian and U.S. governments that the authorization of entry of non-citizen North American Indians is governed solely by immigration legislation and not by the Jay Treaty. The rules governing the entry of American Indians in to Canada differ from those governing access to the United States by Canadian Indians.

Under the U.S. Immigration and Nationality Act, Canadian Indians who can demonstrate that they have “50% or more Indian blood,” by presentation of their band registration card, are entitled to permanent resident status in the United States. As a result, Canadian Indians who arrive at U.S. ports of entry and state that they intend to work in the United States are instructed by United States Customs and Border Protection officials to apply for permanent resident status on the spot. The applicants are immediately issued temporary residency cards and are entitled to work in the United States without work permits.

Under Canadian immigration law, however, North American Indians are only accorded the right to enter Canada if they are registered on the Canadian Band Lists. An American Indian can only obtain registered band status if they can establish that their mother or father was a member of a Canadian band. Therefore, American Indians coming to Canada to work or study require work or study permits. Virtually all members of the Indian nations whose traditional lands straddle the border are entitled to be registered under the Indian Act, and once they have exercised this option, they may enter Canada by right under A19(1).

Some American Indians have difficulty accepting that Canadian law requires them to be registered formally as members of a Canadian Indian band before they can legally work in Canada. BSOs should deal tactfully with cases of this nature.
 
Buletruck said:
Well that sucks.......

True! My grandfather was full blood Cherokee and he'd be pissed! LOL!
 
ayrazar said:
Yes I'm 99% sure the children will not be able to attend school in Canada until you all have PR.

This is something the OP will need to check with the school district where she is planning to move to. I sent our PR applications in March, came to Canada in June, the children started school in September and we 'landed' 4 days ago.

I emailed the school district and explained the situation to them. Our SD used a lot of common sense and allowed the children to start school. My youngest is my husband's child so we didn't apply for PR but for citizenship. That is still under process. My daughter is from a previous relationship hence being on my PR application.

When we arrived in Canada in June my husband was upfront about our reason for entering Canada (we arrived on one-way tickets). The iimigration guy didn't bat an eyelid, stamped our passports and off we went. We may just have been very lucky on the day...
 
ayrazar said:
Yes I'm 99% sure the children will not be able to attend school in Canada until you all have PR.

I would disagree with this. We've seen plenty of examples of schools who have been willing to accept students when evidence was provided that PR is in progress. It's really up to the individual school. I would put this more at 50%. Might work or it might not.