Inland sponsorship, USA to Canada, moving question.

[sobekcroc]

Hey peeps, I'm new to the forum, so I'm sorry if this has been answered before.

I am an American who recently married a Canadian in Canada. I am now back in the USA. We want to do an inland spousal sponsorship, but the stumbling block seems to be actually getting me and my stuff there to start the application process. I don't have a visa of any kind, I've just been visiting with my passport. (I've looked into getting some kind of visa, because it seems to be a prerequisite for an inland sponsorship, but the Canadian website just keeps telling me I don't need a visa to visit for up to 6 months at a time.)

I talked to Border Services today and it sounded like I can't be a "settler" by their definition if I don't have permanent resident status yet. Therefore, if I show up at the border with my nice list of all my stuff plus the stuff, telling all the truth, it sounds like I would be sent back. Is there an upfront/legal way to get me and my stuff into Canada to start this kind of application? If so, do I need more documents than that list of my possessions (and possibly form BSF186) when I move? Am I making a mountain out of a molehill?

Thanks for any help or links to old threads you can offer.

 

[Rob_TO]

Is there an upfront/legal way to get me and my stuff into Canada to start this kind of application?

No, CBSA is right.
Quite simply, you can't "move to" or "live in" Canada until you have your PR status. Until then, you are just a visitor so need to act like a visitor. Show up at the border with a ton of your stuff, and you are looking at being denied entry and possibly issued a temporary ban to re-enter.

So if you want to come here and apply inland, keep all your stuff in the US until your PR app is approved. Then once it's approved, you can move up all your belongings tax/duty free when you do your PR landing.

 

[KBH]

You've gotta do what (most of) the rest of us Americans do - keep your stuff in a storage unit on the U.S. side till you get your PR, then bring it over when you land. I was just reunited with my belongings after a long year apart and it's so wonderful.

 

[KBH]

Oh, and you're correct that as an American, you are visa-exempt and it is impossible for you to get a visitor visa, as you don't need one.

 

[CdnwifeUSwife]

Oh, and you're correct that as an American, you are visa-exempt and it is impossible for you to get a visitor visa, as you don't need one.

Someone anonymously told IRCC that my wife was staying with me illegally but that person didn’t know she’s allowed to “visit” me for 6 months. When we flew back into Canada from our vacation which was 10 days, we were told to go to immigration office at the airport. After one hour of discussing and Q&A’s, she got lucky as the officer granted her a visitor visa even tho she’s American. At first we were upset whoever “reported” her, but then later we thank whomever did cause having a visitor visa helps a lot for us to apply inland, OWP, etc. That person’s karma / revenge backfired. lol

 

[Rob_TO]

Someone anonymously told IRCC that my wife was staying with me illegally but that person didn’t know she’s allowed to “visit” me for 6 months. When we flew back into Canada from our vacation which was 10 days, we were told to go to immigration office at the airport. After one hour of discussing and Q&A’s, she got lucky as the officer granted her a visitor visa even tho she’s American. At first we were upset whoever “reported” her, but then later we thank whomever did cause having a visitor visa helps a lot for us to apply inland, OWP, etc. That person’s karma / revenge backfired. lol

She did not get a "visa" as US citizens are visa-exempt. A visa is only used to facilitate travel to Canada which a US citizen does not need.

The CBSA officer gave your wife visitor "status" in Canada, probably by means of a "visitor record" which is an official documentation of your status granted in Canada, which can be followed up by CBSA.

 

[canuck_in_uk]

Someone anonymously told IRCC that my wife was staying with me illegally but that person didn’t know she’s allowed to “visit” me for 6 months. When we flew back into Canada from our vacation which was 10 days, we were told to go to immigration office at the airport. After one hour of discussing and Q&A’s, she got lucky as the officer granted her a visitor visa even tho she’s American. At first we were upset whoever “reported” her, but then later we thank whomever did cause having a visitor visa helps a lot for us to apply inland, OWP, etc. That person’s karma / revenge backfired. lol

As said above, your wife was granted normal visitor status, not a visitor visa. She has a Visitor Record, which is basically just an official way of tracking that she complies with the conditions of her stay. CBSA usually gives out Visitor Records when they want to limit a person's stay; if the person doesn't leave (or apply for an extension) before the VR expires, a warrant is put out for their arrest.

Having a VR makes no difference when applying for PR/OWP.

 

[sobekcroc]

Thanks for the information, very helpful. I guess having a storage locker/friend's garage with my stuff in it also might make it look like I'll go back to the US if my application gets rejected, too.

Follow up question, since I don't have a visa, and the inland sponsorship is going to take more than 6 months to process, how do I stay longer than 6 months? It sounded like I could apply to extend a visa if I had one, but I couldn't find a corresponding process if you're not there on a visa.

 

[CdnwifeUSwife]

As said above, your wife was granted normal visitor status, not a visitor visa. She has a Visitor Record, which is basically just an official way of tracking that she complies with the conditions of her stay. CBSA usually gives out Visitor Records when they want to limit a person's stay; if the person doesn't leave (or apply for an extension) before the VR expires, a warrant is put out for their arrest.

Having a VR makes no difference when applying for PR/OWP.

Ah there goes another worry - if she doesn’t get her OWP by her VR expiration date (April 21st), it doesn’t go into implied status like visitor visa does? Can she do a “flagpole” run? (Like go across the border and return same day to have her passport stamped to stay another few weeks until she gets OWP).

 

[canuck_in_uk]

Ah there goes another worry - if she doesn’t get her OWP by her VR expiration date (April 21st), it doesn’t go into implied status like visitor visa does? Can she do a “flagpole” run? (Like go across the border and return same day to have her passport stamped to stay another few weeks until she gets OWP).

A visitor visa does not grant status. It is simply a stamp in the passport that allows a person to board a commercial carrier to travel to Canada.

It doesn't matter whether you are a visa-exempt American or a visa-required person; it is CBSA that grants visitor status upon entry and it is the same visitor status for everyone.

 

[Rob_TO]

Thanks for the information, very helpful. I guess having a storage locker/friend's garage with my stuff in it also might make it look like I'll go back to the US if my application gets rejected, too.

Follow up question, since I don't have a visa, and the inland sponsorship is going to take more than 6 months to process, how do I stay longer than 6 months? It sounded like I could apply to extend a visa if I had one, but I couldn't find a corresponding process if you're not there on a visa.

As long as you are in valid status when you submit your inland PR + OWP apps, the OWP app will give you implied status so no need to apply for extension or exit/re-enter. In fact with the inland app in progress, you should try not to ever exit Canada while the app is processing.

Some people also apply to extend their visitor status even when on implied status, just in case the OWP is returned for any reason (you made a mistake, paid incorrect fee, etc etc). This would ensure even if OWP is returned and asked to re-submit, you don't go out of status. But entirely optional.

 

[CdnwifeUSwife]

As long as you are in valid status when you submit your inland PR + OWP apps, the OWP app will give you implied status so no need to apply for extension or exit/re-enter. In fact with the inland app in progress, you should try not to ever exit Canada while the app is processing.

Some people also apply to extend their visitor status even when on implied status, just in case the OWP is returned for any reason (you made a mistake, paid incorrect fee, etc etc). This would ensure even if OWP is returned and asked to re-submit, you don't go out of status. But entirely optional.

Thank you for your comment regarding implied status, and visitor extension as optional. This helps a lot on my wife's situation.

 

[CdnwifeUSwife]

A visitor visa does not grant status. It is simply a stamp in the passport that allows a person to board a commercial carrier to travel to Canada.

It doesn't matter whether you are a visa-exempt American or a visa-required person; it is CBSA that grants visitor status upon entry and it is the same visitor status for everyone.

Gotcha on the difference of visitor visa and visitor record. Thank u.

 

[sobekcroc]

Thanks again, I feel a lot better