Moving back to Canada with American Spouse

[Jonoscc]

I am a Canadian Citizen and have a Canadian Passport. I've lived as a permanent resident of the United States for about 16 years now. My wife and my children are american citizens. I already have a job lined up in Canada that starts on June 1st and we already have a home lined up as well. I find the CIC website to be overwhelming with information and I can't find info regarding my specific situation. I'm wondering what will happen at the end of the month when my family and I try to cross the border into Canada with a moving truck? Please help. It has been very difficult to get a hold of anyone by phone and when I do, I'm re-directed to the CIC website with no straight answers. Is it possible to just cross the border and apply for permanent residency from within Canada or will they not let my family in?

Thanks so much for reading this post.

 

[rhcohen2014]

i would recommend you look at the family class sponsorship board on this forum. there are quite a few us/canadian couples going through the process. your wife and children will not be able to "move" to canada until they are approved for permanent residency status. They will only be allowed to "visit". Outland applications take half the time as inland applications for US citizens, and it's usually recommended US citizens to apply outland. Applicants can be in canada as visitors while an outland application is in process. It is important to note visitors can not work or go to school while in canada.

The length of the visit is dependant on the border agent you encounter, and their determination of your true intentions. If you are moving all of your belongings up to CAnada because you are starting a job, they are going to want to see you have started the PR process and your wife/children have strong ties to the US. Crossing the border with a truck load of belonging to "visit" is a big red flag. Again, there is a lot of information on the family sponsorship board about the differences between the two applications, so start searching there and ask questions you still have after reading the threads.

 

[canuck_in_uk]

As said above, just coming to Canada with your family and a moving truck with all of your belongings is not a good idea. There is a good chance that they would refuse entry for your wife, even with a PR app in process. On this forum, we have seen a few American spouses refused entry when they just showed up at the border with full cars or Uhauls, even when they had a PR app in process.

If you were born in Canada or are a naturalized Canadian, your children are Canadian as well. You should be applying for their Certificates of Citizenship ASAP.

 

[Jonoscc]

Well crap... I think I'm screwed then. I was under the impression I could move my family to Canada and then apply for PR. we already have a house and need to be out of our house in the states.

If I'm at one border crossing as a Canadian with a Uhaul truck of stuff and my american family is at another border crossing can't they just get visitors visas or something? This is sounding illegal.

 

[rhcohen2014]

Well crap... I think I'm screwed then. I was under the impression I could move my family to Canada and then apply for PR. we already have a house and need to be out of our house in the states.

If I'm at one border crossing as a Canadian with a Uhaul truck of stuff and my american family is at another border crossing can't they just get visitors visas or something? This is sounding illegal.

if they are not with you, and don't have a car full of belonging, and say they are going to visit you, then they may luck out. it really depends on the border agent they get. there needs to be NO mention of them moving there with you. they will be denied quickly. they are a lot easier on us citizens who have applications in process, provided they see the rules are being followed, and there isn't suspicion of overstaying the visit. As the above poster mentioned, your kids are technically canadian citzens, and you need to get that proof asap so they can come to canada and go to school. the main issue is going to be your wife.

again, you are going to get more responses on the family sponsorship board. many people don't look at this board.

 

[Regina]

It is important to note visitors can not work or go to school while in canada.

You could try to come to Canada as a whole family but for a VISIT (so no family belongings with you and so on). Then you should apply for their PR as soon as possible and while in a progess of getting it , your wife and kids will need to apply for TRV if the process is getting longer than 6 months. (in the end of 6 months stay in Canada).

I suppose your kids will be able to go to school based on that fact that thier father is a Canadaian citizen resided in Canada. (Not sure, better check. I tell that on assumption of the rules for people on SP and WP and their kinds in Canada)

 

[rhcohen2014]

your wife and kids will need to apply for TRV if the process is getting longer than 6 months. (in the end of 6 months stay in Canada).

us citizens are not issued TRV. US is a visa exempt country. The only option for staying beyond the 6 mo. allowance is to apply for an extension of the current visit. Most times at the border, the passport is either stamped or just handed back without a stamp. If it's stamped, most likely there is a leave by date. If it's not stamped, then the assumption is you can stay for 6 mo. from entry date. The only time I know of them attaching a visitor record in the passport is if the person is red flagged, and they want to keep track of their exit. (I've had 2 of these) I have heard people specifically requesting visitor records, i just don't know why they would do that. Seems like bringing attention to yourself for no reason.

 

[canuck_in_uk]

Well crap... I think I'm screwed then. I was under the impression I could move my family to Canada and then apply for PR. we already have a house and need to be out of our house in the states.

If I'm at one border crossing as a Canadian with a Uhaul truck of stuff and my american family is at another border crossing can't they just get visitors visas or something? This is sounding illegal.

You could give that a try. It's the safer option bit it's still possible that the border officers will see your wife and children's belongings in the Uhaul and start asking questions.

 

[Ponga]

You could give that a try. It's the safer option bit it's still possible that the border officers will see your wife and children's belongings in the Uhaul and start asking questions.

I agree...this could end up being a `Mell of a hess' at the border.

Too bad there isn't enough time for the OP to submit an Outland application ASAP, before the move.

 

[Regina]

us citizens are not issued TRV. US is a visa exempt country.

Only for entrance. But is they wish to stay in Canada LONGER THAN SIX months they MUST get TVR (what you call an "extension") as everybody else.

 

[canuck_in_uk]

Only for entrance. But is they wish to stay in Canada LONGER THAN SIX months they MUST get TVR (what you call an "extension") as everybody else.

As I've explained to you before, a TRV is NOT a visitor extension and you need to stop saying this. They are two completely different apps, with different forms, different guides, different checklists and different requirements. A visitor in Canada must apply for an extension of stay, not a TRV.

TRV app: http://www.cic.gc.ca/ENGLISH/information/applications/visa.asp

Visitor extension app: http://www.cic.gc.ca/english/information/applications/visitor.asp

 

[rhcohen2014]

As I've explained to you before, a TRV is NOT a visitor extension and you need to stop saying this. They are two completely different apps, with different forms, different guides, different checklists and different requirements. A visitor in Canada must apply for an extension of stay, not a TRV.

TRV app: http://www.cic.gc.ca/ENGLISH/information/applications/visa.asp

Visitor extension app: http://www.cic.gc.ca/english/information/applications/visitor.asp

thank you! +1!

 

[Regina]

A visitor in Canada must apply for an extension of stay, not a TRV.

You may call wahtever you wish. But a person even from visa exempt country MUST have an "extention of stay" after 6 months in Canada.
What part do not you understand? That there are two different processes? Who cares about "procedures'? I am talking about the necessity.
As you can see a lot of people from visa exempt countries think they could just move into Canada and stay here forever " because they do not need visa to enter Canada".

 

[canuck_in_uk]

You may call wahtever you wish. But a person even from visa exempt country MUST have an "extention of stay" after 6 months in Canada.
What part do not you understand? That there are two different processes? Who cares about "procedures'? I am talking about the necessity.
As you can see a lot of people from visa exempt countries think they could just move into Canada and stay here forever " because they do not need visa to enter Canada".

I'm calling it WHAT IT ACTUALLY IS. You are telling people to apply for a TRV when that will NOT EXTEND THEIR status in Canada. It's like telling a person that they can extend a study permit by applying for a TRV.

What part of that do you not understand? People on here follow the advice the others give; if a visitor followed your advice, s/he would end up illegal.

Who care about "procedures"? CIC.