Moving to Canada while PR is being processed?

[xCami]

So just a question as to if this is a possibility-


We plan on applying through outland for my US citizen spouse (currently live together in the US, I am a greencard holder).


Is it possible to apply outland and just wait for a decision while we are in Canada? Seeing as he can legally visit Canada for up to 6 months.
Not sure if this has been done by anyone?

 

[andymonroe]

So just a question as to if this is a possibility-


We plan on applying through outland for my US citizen spouse (currently live together in the US, I am a greencard holder).


Is it possible to apply outland and just wait for a decision while we are in Canada? Seeing as he can legally visit Canada for up to 6 months.
Not sure if this has been done by anyone?

Yes it is possible and faster that way rather than doing inland

 

[Omegabyte]

So just a question as to if this is a possibility-


We plan on applying through outland for my US citizen spouse (currently live together in the US, I am a greencard holder).


Is it possible to apply outland and just wait for a decision while we are in Canada? Seeing as he can legally visit Canada for up to 6 months.
Not sure if this has been done by anyone?

It's exactly what my wife (Canadian citizen) and I (US citizen) are doing.

Happy Thanksgiving!!

 

[Ponga]

The correct answer is, no...he cannot `move' to Canada until his PR has been approved. He can `visit' with you when you return to Canada, but should refrain from bringing anything that would not be conducive with someone visiting Canada.

Also...you do realize that while it is possible to maintain the residency requirements for each of you to keep your respective PR status, it will be much more difficult for you. You'll need to live 180 days each year in the U.S., whereas your spouse could return to the U.S. after becoming a PR for up to 3 years. Even then, he could remain outside of Canada and still have those days count toward the 730 days (within each rolling 5-year period) as long as you were with him.

 

[Omegabyte]

The correct answer is, no...he cannot `move' to Canada until his PR has been approved. He can `visit' with you when you return to Canada, but should refrain from bringing anything that would not be conducive with someone visiting Canada.

The OP never said "move". "Legally visit" was the term used.

It isn't unreasonable to state to CBSA that you are visiting your spouse while waiting for PR to go through. I did, and I'm up here without issues.

 

[scylla]

The OP never said "move". "Legally visit" was the term used.

It isn't unreasonable to state to CBSA that you are visiting your spouse while waiting for PR to go through. I did, and I'm up here without issues.

Subject line mentioned "moving". I suspect this is why the poster above want to clarify this issue.

Depends on the CBSA officer. Some are OK with this - we've also seen people turned away. It's a dice roll.

 

[xCami]

The OP never said "move". "Legally visit" was the term used.

It isn't unreasonable to state to CBSA that you are visiting your spouse while waiting for PR to go through. I did, and I'm up here without issues.

I say move because its unlikely that he would have to leave before the 6 months are up seeing as approval time is 6 months or less. If approved while he is in Canada would he have to leave the country and cross the border again?

Can I ask what you told CBSA and did you cross with your spouse? Our situation may be a bit different considering we both live and work in the USA currently, and would be crossing together.

I understand it is entirely up to the officer. I've had good and bad experiences with them.

 

[scylla]

Can I ask what you told CBSA and did you cross with your spouse? Our situation may be a bit different considering we both live and work in the USA currently, and would be crossing together.

My husband "lived in Canada as a visitor" for almost three years before becoming a PR. He exited and re-entered Canada at least once per month. The vast majority of the time I was not with him (most were business trips - I was only with him for vacations). He only ran into real issues once entering Canada (was sent to secondary and they quizzed him a lot on why he was spending so much time in Canada without having a visa or status that allowed him to live here - but they were OK once they looked at his evidence and profile). I think the reasons the frequent entries into Canada worked for him were: (1) he's an international development consultant and frequent travel fit his overall profile; (2) he had properties and assets in the US that demonstrated ties; (3) he always had a departure date that he could prove with a flight ticket and never stayed in Canada for more than six week in one stretch; (4) he never brought a lot of luggage; (5) he had a Nexus card.

 

[Ponga]

The OP never said "move". "Legally visit" was the term used.

It isn't unreasonable to state to CBSA that you are visiting your spouse while waiting for PR to go through. I did, and I'm up here without issues.

Moving to Canada while PR is being processed?

There's nothing wrong with having Dual Intent, as you've so cleverly outlined, but the OP's spouse should be prepared to show strong ties `back home', if the CBSA officer starts asking questions. Showing up at the border unprepared for the `what if' scenario, would not be smart on his part.

 

[xCami]

Moving to Canada while PR is being processed?

There's nothing wrong with having Dual Intent, as you've so cleverly outlined, but the OP's spouse should be prepared to show strong ties `back home', if the CBSA officer starts asking questions. Showing up at the border unprepared for the `what if' scenario, would not be smart on his part.

I'm just exploring my options at the moment and our best course of action. I'm not trying to dodge the law in any way. I use the word move because legally he would not have to return to the US for 6 months. Especially if we were to make a visit a few months into the application process. We do not have strong ties here, so it may not be the best choice. It would just allow me to get things started on my end (search for employment, set myself up since I have not been living in Canada for 3 years) etc.. I would like to know what other people have experienced regarding this. I understand every situation is different.

 

[scylla]

I use the word move because legally he would not have to return to the US for 6 months.

How long an American is allowed into Canada is actually determined by CBSA. Typically it's 6 months - but it can be much shorter or entry can even be denied (although this is very rare).

 

[xCami]

How long an American is allowed into Canada is actually determined by CBSA. Typically it's 6 months - but it can be much shorter or entry can even be denied (although this is very rare).

I do understand that its entirely up to the officers. If they are simply having a bad day they can turn you away. My husband was denied once years ago on a trip to visit me, though looking back on it he wasn't fully prepared and I can understand why they did (although he tried to re-enter the next day and got through).

 

[Ponga]

I do understand that its entirely up to the officers. If they are simply having a bad day they can turn you away. My husband was denied once years ago on a trip to visit me, though looking back on it he wasn't fully prepared and I can understand why they did (although he tried to re-enter the next day and got through).

Obviously he must declare that refusal in his PR application.

It really stinks that it can (and sometimes DOES) come down to the officer's mood/attitude, but...it does.


Good luck!

 

[Omegabyte]

Subject line mentioned "moving". I suspect this is why the poster above want to clarify this issue.

Meh, didn't see that. :-[

Depends on the CBSA officer. Some are OK with this - we've also seen people turned away. It's a dice roll.

I would say for an average US citizen, there would be far fewer issues. I've dealt with several CBSA officers (although only at one Port of Entry), and they've always been very courteous and helpful.

 

[Omegabyte]

I'm just exploring my options at the moment and our best course of action. I'm not trying to dodge the law in any way. I use the word move because legally he would not have to return to the US for 6 months. Especially if we were to make a visit a few months into the application process. We do not have strong ties here, so it may not be the best choice. It would just allow me to get things started on my end (search for employment, set myself up since I have not been living in Canada for 3 years) etc.. I would like to know what other people have experienced regarding this. I understand every situation is different.

Like Ponga said, he can't officially "move". (BTW, sorry about that Ponga. Didn't see the mention of moving in the title of the post.)

I don't have the greatest "ties" to the US, but it's not been a big issue. Only once did a CBSA agent seem a bit concerned. As soon as I showed them the PR application (I carry a copy), they backed off the surly stuff.

Every situation is different. I live very close to the border in the first place, and I don't work right now. I've made trips alone, and with my wife. Didn't seem to make a difference one way or the other.

Good luck!!