Moving from the US: I'm Canadian, husband is American

[cellomage]

Hi!

My husband and I will be moving to Canada, and I was hoping to receive some advice. I read on the official immigration website that if an application for immigration is submitted once the person is already physically in Canada, that they are eligible to apply for and receive a work permit. Based on this, we thought that it may be more sensible to wait until we are in Canada to do the application. Since my husband is American, he can be in Canada for up to six months as a visitor, so am I correct in assuming that as long as he returns to the US at least once every six months, that he can remain in Canada legally while we await the paperwork? With the understanding that he cannot work until he has the work permit?

Is there any possibility of him having difficulties crossing the border with the above scenario? What kind of questions should we be prepared for?

We live in Texas, and the plan is that I will drive all of our belongings by myself, declare that I am a returning resident, quarantine, etc., while my husband is finishing up some projects in the US. I will then return to the US and we will drive up together with the remainder of our things.

Are there are any issues I am not foreseeing?

And another question on the subject of vehicles: the one car which we own is under my husband. I take it he cannot import it since he is technically note immigrating at this time. Is it best to transfer the title over to me so that I can import it when we cross? And if we were to have a second vehicle on which we owed payments, do I understand correctly that there would be no way to import it without paying it off in full first?

Thank you so much in advance for your help and input!

 

[dreamscanadian]

Hi!

My husband and I will be moving to Canada, and I was hoping to receive some advice. I read on the official immigration website that if an application for immigration is submitted once the person is already physically in Canada, that they are eligible to apply for and receive a work permit. Based on this, we thought that it may be more sensible to wait until we are in Canada to do the application. Since my husband is American, he can be in Canada for up to six months as a visitor, so am I correct in assuming that as long as he returns to the US at least once every six months, that he can remain in Canada legally while we await the paperwork? With the understanding that he cannot work until he has the work permit?

Is there any possibility of him having difficulties crossing the border with the above scenario? What kind of questions should we be prepared for?

We live in Texas, and the plan is that I will drive all of our belongings by myself, declare that I am a returning resident, quarantine, etc., while my husband is finishing up some projects in the US. I will then return to the US and we will drive up together with the remainder of our things.

Are there are any issues I am not foreseeing?

And another question on the subject of vehicles: the one car which we own is under my husband. I take it he cannot import it since he is technically note immigrating at this time. Is it best to transfer the title over to me so that I can import it when we cross? And if we were to have a second vehicle on which we owed payments, do I understand correctly that there would be no way to import it without paying it off in full first?

Thank you so much in advance for your help and input!

This is a huge red flag for the border.

He isn't moving to Canada - you are, he is coming to visit you while you wait for your process. Semantics are very important here when crossing the border.

I wouldn't drive up with things and your husband. That likely won't go over well. He still needs to have ties to the States and needs to not look like he is moving everything. This means he needs to keep his car insurance active, a place to live, ties to the community that would convince an agent that he would actually return in the 6 months to reset his visitor status and not overstay.

He can cross with dual-intent ( to be a visitor and apply for inland) but bringing all of your things risks an officer thinking he won't leave when he is supposed to. If you are doing inland, he can cross the border to reset his visa, but every time he does it risks your application. Right now work permits are taking about as long as the full process. In fact, a few people are getting their PR before their work permit.

Outland is usually faster. (Covid has changed this a bit but unless you ABSOLUTELY need him to have a work permit - outland is still a recommended route and can make his going across the border for resets easier).

 

[dreamscanadian]

Also- when are you looking at moving? It sounds like it is pretty set - I would recommend getting a consultation and starting the process before you move if you still have a couple of months ahead of you before the move. I believe you can start the outland process before you return to Canada if you can prove that you do indeed plan on moving to Canada. Just a thought

 

[cellomage]

This is a huge red flag for the border.

He isn't moving to Canada - you are, he is coming to visit you while you wait for your process. Semantics are very important here when crossing the border.

I wouldn't drive up with things and your husband. That likely won't go over well. He still needs to have ties to the States and needs to not look like he is moving everything. This means he needs to keep his car insurance active, a place to live, ties to the community that would convince an agent that he would actually return in the 6 months to reset his visitor status and not overstay.

He can cross with dual-intent ( to be a visitor and apply for inland) but bringing all of your things risks an officer thinking he won't leave when he is supposed to. If you are doing inland, he can cross the border to reset his visa, but every time he does it risks your application. Right now work permits are taking about as long as the full process. In fact, a few people are getting their PR before their work permit.

Outland is usually faster. (Covid has changed this a bit but unless you ABSOLUTELY need him to have a work permit - outland is still a recommended route and can make his going across the border for resets easier).

I see. Thank you for all that info. If we submit the application from outland, does he have to wait to hear back before he can cross the border? Would he be allowed to cross as a visitor even if he has an application submitted? We were hoping for him to come to Canada sometime in July, probably towards the end of the month.

And concerning the outland application - do I need to be approved as a sponsor first, or can we submit both applications simultaneously?

Many thanks in advance.

 

[cellomage]

Also- when are you looking at moving? It sounds like it is pretty set - I would recommend getting a consultation and starting the process before you move if you still have a couple of months ahead of you before the move. I believe you can start the outland process before you return to Canada if you can prove that you do indeed plan on moving to Canada. Just a thought

This summer. I am planning to take most of our things this month. Ideally, husband would come in late July...

 

[dreamscanadian]

If you are a data-oriented person - take a look at the 2021 tracking spreadsheet -Outland is much further along than Inland: https://docs.google.com/spreadsheets/d/192sbvjd4vJsEWY_B7w5DgFKBmIPNYo6TjlVWAk-xxxA/edit#gid=2079961909

I think the key will be the intention of going over the border.

Honestly, if he is staying behind at first and you can get your packet together ASAP - Outland might be a better option. He doesn't have to wait for an answer to cross the border. He can visit Canada while waiting for his process. You would complete the application as a full packet.

For inland - It would look better for dual intent if you already had your inland packet put together by the time you get to the border as well.

There are quite a few of us (American/Canadian) on the boards and in the discord chat too (https://discord.gg/kAEnEjT)- so lots of information hanging around!

 

[cellomage]

If you are a data-oriented person - take a look at the 2021 tracking spreadsheet -Outland is much further along than Inland: https://docs.google.com/spreadsheets/d/192sbvjd4vJsEWY_B7w5DgFKBmIPNYo6TjlVWAk-xxxA/edit#gid=2079961909

I think the key will be the intention of going over the border.

Honestly, if he is staying behind at first and you can get your packet together ASAP - Outland might be a better option. He doesn't have to wait for an answer to cross the border. He can visit Canada while waiting for his process. You would complete the application as a full packet.

For inland - It would look better for dual intent if you already had your inland packet put together by the time you get to the border as well.

There are quite a few of us (American/Canadian) on the boards and in the discord chat too (https://discord.gg/kAEnEjT)- so lots of information hanging around!

Thank you. I've started filling out the sponsor application, and am a little stumped by the question which asks if I currently reside in Canada and in no other country. Seems that answering "yes" is preferable, though the form also states that I may be eligible to sponsor even if I answer "no". At this time I am living in the U.S., however, this will change as soon as I go to Canada in the next few weeks. Should I leave it as a "no" and provide an explanation, or put "yes" as that will be the case by the time anyone looks at the application?

 

[armoured]

Thank you. I've started filling out the sponsor application, and am a little stumped by the question which asks if I currently reside in Canada and in no other country. Seems that answering "yes" is preferable, though the form also states that I may be eligible to sponsor even if I answer "no". At this time I am living in the U.S., however, this will change as soon as I go to Canada in the next few weeks. Should I leave it as a "no" and provide an explanation, or put "yes" as that will be the case by the time anyone looks at the application?

Honestly easier to wait a few weeks and send after you have returned to Canada to reside. Include a short note that you returned date such and such to reside permanently.

Nothing wrong with sending now but if it's literally a few weeks why complicate things?

 

[dreamscanadian]

Honestly easier to wait a few weeks and send after you have returned to Canada to reside. Include a short note that you returned date such and such to reside permanently.

Nothing wrong with sending now but if it's literally a few weeks why complicate things?

I agree- with your timeline of a few weeks with a big move - I would take that time to get everything sorted and signed then submit as soon as you have the documents showing you've settled back in Canada.

 

[bryndog1950]

Hi!

My husband and I will be moving to Canada, and I was hoping to receive some advice. I read on the official immigration website that if an application for immigration is submitted once the person is already physically in Canada, that they are eligible to apply for and receive a work permit. Based on this, we thought that it may be more sensible to wait until we are in Canada to do the application. Since my husband is American, he can be in Canada for up to six months as a visitor, so am I correct in assuming that as long as he returns to the US at least once every six months, that he can remain in Canada legally while we await the paperwork? With the understanding that he cannot work until he has the work permit?

Is there any possibility of him having difficulties crossing the border with the above scenario? What kind of questions should we be prepared for?

We live in Texas, and the plan is that I will drive all of our belongings by myself, declare that I am a returning resident, quarantine, etc., while my husband is finishing up some projects in the US. I will then return to the US and we will drive up together with the remainder of our things.

Are there are any issues I am not foreseeing?

And another question on the subject of vehicles: the one car which we own is under my husband. I take it he cannot import it since he is technically note immigrating at this time. Is it best to transfer the title over to me so that I can import it when we cross? And if we were to have a second vehicle on which we owed payments, do I understand correctly that there would be no way to import it without paying it off in full first?

Thank you so much in advance for your help and input!

I am not an expert in these matters but I believe that if you apply Outland for your spouse he will not be eligible for a work permit while he is waiting for PR status. Just something to keep in mind.
Another issue which you did not mention is health coverage. As a Canadian citizen you will be entitled to coverage but there may be a waiting period, depending on the province. As a visitor, your spouse would not be eligible so would require private coverage.