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How should this be done?

Ictyyz

Star Member
Mar 16, 2018
61
17
My wife and two kids are Canadian citizens. Currently we are living in the USA, she has PR in the usa and has been gone for around 8 years. We plan on moving to Canada this summer and apply for PR for me at that time in Canada. We have the idea of me crossing before her and she will follow some time later with the moving van and declare that she is returning to Canada with the form for her goods. The kids will be with her father who is also a Canadian citizen. I will be with her brother in a different car a head of her. Do you foresee any troubles doing this? Thank you in advance and maybe the force be with you.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
My wife and two kids are Canadian citizens. Currently we are living in the USA, she has PR in the usa and has been gone for around 8 years. We plan on moving to Canada this summer and apply for PR for me at that time in Canada. We have the idea of me crossing before her and she will follow some time later with the moving van and declare that she is returning to Canada with the form for her goods. The kids will be with her father who is also a Canadian citizen. I will be with her brother in a different car a head of her. Do you foresee any troubles doing this? Thank you in advance and maybe the force be with you.
So what will you tell CBSA when you enter Canada with her brother? Will you still have an address and ties to the USA when attempting to enter as a visitor?
 

Ictyyz

Star Member
Mar 16, 2018
61
17
The brother is picking me up so I don't have to rent a car in Buffalo. All I will have with me is a suit case and some protein powder and some pre workout lol
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
That I am visiting family and that I live in the usa
As long as you have a permanent address still in the US, then that should be fine.

Once you enter Canada, you can apply for PR inland along with Open Work Permit. So you would be able to start working when the OWP arrives in 3-4 months.

Are you also importing a US car? If so it will need to be in your wife's name and entirely paid for. If it's in your name also, you may be looking at fees/taxes etc to import it. Driving a US plated/insured car after moving to Canada, is most likely not possible.
 

Ictyyz

Star Member
Mar 16, 2018
61
17
As long as you have a permanent address still in the US, then that should be fine.

Once you enter Canada, you can apply for PR inland along with Open Work Permit. So you would be able to start working when the OWP arrives in 3-4 months.

Are you also importing a US car? If so it will need to be in your wife's name and entirely paid for. If it's in your name also, you may be looking at fees/taxes etc to import it. Driving a US plated/insured car after moving to Canada, is most likely not possible.
I will still have my DL and bring some bill type stuff maybe? Bank print out? I can even show a return ticket that shows a 2week or so departure. I have never had a problem crossing and hope I don't start.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
My wife and two kids are Canadian citizens. Currently we are living in the USA, she has PR in the usa and has been gone for around 8 years. We plan on moving to Canada this summer and apply for PR for me at that time in Canada. We have the idea of me crossing before her and she will follow some time later with the moving van and declare that she is returning to Canada with the form for her goods. The kids will be with her father who is also a Canadian citizen. I will be with her brother in a different car a head of her. Do you foresee any troubles doing this? Thank you in advance and maybe the force be with you.
If you aren't planning to come here until summer, I suggest you apply outland now.
 

trackgal1

Star Member
Jul 20, 2017
88
58
I feel like the border agent might ask how you're related to your BIL and once it's revealed he's your BIL he will ask why your wife isn't with you. I also don't know the legalities of minor children crossing the border without a parent present in the vehicle, so I would look into that. As long as you can show ties to the US (bills in your name with the address on, proof you pay rent/mortgage/whatever, proof of return ticket is great) you *should* be okay, but sometimes the border agents are sassy.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
What would be the pro and cons of doing that? Will a OWP be available? Would I have to come back for medical? Is the process that much faster?
Outland is faster. If you wait and apply inland in the summer, you're looking at Oct-Dec before you get the OWP. Apply outland now and there is a good chance you will be a PR by then.

There is no OWP with outland. The medical can be done in Canada.
 

evdm

Hero Member
Jun 16, 2017
650
360
What would be the pro and cons of doing that? Will a OWP be available? Would I have to come back for medical? Is the process that much faster?
medical can be done in Canada.

Some of the differences between inland and outland are that on an inland application you have to have valid status in Canada. If you leave Canada and were to be refused entry on your return (for whatever reason) then your PR application would be abandoned. It is advised that you do not travel much (or at all) out of Canada until you at least have the OWP, but even until you have PR status. The benefit to doing an inland application, however, is that you can apply for an Open Work Permit (OWP). This cannot be applied for on an outland application.

A benefit to an outland application is that should you be refused, there's an avenue for appeal. Decisions on inland applications are final.

As mentioned above, doing an outland application now could see it being processed by the summer and you being able to accompany your wife as a PR. However, should you not get it by then you risk being turned back at the border if you don't have sufficient ties to the USA.
 

evdm

Hero Member
Jun 16, 2017
650
360
Outland is faster. If you wait and apply inland in the summer, you're looking at Oct-Dec before you get the OWP. Apply outland now and there is a good chance you will be a PR by then.

There is no OWP with outland. The medical can be done in Canada.
Congrats on post #15000
 
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Ictyyz

Star Member
Mar 16, 2018
61
17
Thank you for the information. On a side note I have crohns disease, will this hinder my medical part at all. I have seen that the excessive burden thing is waived for spouse category is true?
 

Ictyyz

Star Member
Mar 16, 2018
61
17
Also let's pretend that my app is denied for whatever reason inland. Is it possible to turn around and apply Outland after the inland?