moving to canada while PR is still not complete

[eis517]

Hi,

I applied for for my wife to sponsor me to become a PR in Canada. We currently live in New York, but want to move to Canada this summer. My documentation was received in to Ottawa on November 27th, 2012. Any idea how I can move with my wife this summer? How can we bring our stuff in tax free? I think my wife can bring in most of it because she has been living in the US for a few years. Any guidance what I say at the border? HELP!!!

Thanks,

 

[margobear96]

She can move back. You can't. But you can "visit" her until you receive your PR. Probably best to have her move all the stuff back under her name only. Are you using a moving company or schlepping your stuff back yourself? If the latter, it may be better to have her cross the border alone. If border control suspects you're moving too, they will probably/may deny you entry. You can travel up later. Tell the border folks that you're visiting your wife while your PR is in process. This is totally allowed and common for applicants from visa exempt countries. You can bring a copy of your application or the sponsorship approval letter if you've gotten it. (It's just in case. They really should be able to pull up your file on their computer.) Maybe keep money in your US account so you can show them you're not financially dependent on your wife? (They didn't ask me for this, just verified that my PR application had been filed on their computer.) It's helpful if your wife accompanies you when you enter. Also, entering through a land border is better than flying in -- you're more likely to get a visitor record at a land border, which can be longer than the regular 6 month visit. Timing-wise though, if you're thinking late summer, you may already have your COPR or won't need longer than 6 months.

There are various forms required to moving stuff back duty free, but I'm not familiar and I'm not sure if they're different for returning citizens versus landing immigrants.

 

[eis517]

Do you think I can travel with her when she moves and say that I am going to help her get set up and unpacked and staying for a couple of weeks and then will go back to the US?

 

[Hnhkrk]

Do you think I can travel with her when she moves and say that I am going to help her get set up and unpacked and staying for a couple of weeks and then will go back to the US?

If you say that you're going to have to prove that you will enter back into the US by means of a job or property of something like that.

Your best bet would be to to enter Canada after her.

 

[GeeO]

Just the question I was about to ask. My case is a little different because though I live in The US I am not a citizen but on an H1 visa....meaning my job is the reason why I can stay in the US. However I am really considering just moving to Canada and staying with my husband till the PR comes but that would mean me quitting my job and of course I cant re-enter the US again after that.

So my question is if I am coming in as a visitor what would I need to show since technically I would have quit my job by then? Especially when they ask how long I would be staying.

 

[mickeyindia]

Just the question I was about to ask. My case is a little different because though I live in The US I am not a citizen but on an H1 visa....meaning my job is the reason why I can stay in the US. However I am really considering just moving to Canada and staying with my husband till the PR comes but that would mean me quitting my job and of course I cant re-enter the US again after that.

So my question is if I am coming in as a visitor what would I need to show since technically I would have quit my job by then? Especially when they ask how long I would be staying.

If you already applied for a PR, its much harder to get a visitor visa . Only 2% of the cases are succesful (read in many forum pages)

 

[AnaMaria]

I live in The US I am not a citizen but on an H1 visa....meaning my job is the reason why I can stay in the US.

I guess you are from non-visa-exempt country? If that is the case, H1B alone does not mean much to Canada. You would keep active employment. As long as you have a letter from your employer confirming you are coming back to work on this date and bank statement, it would probably not pose as a red flag. Until you are approved, keep your job and just visit your spouse/partner for a short duration. Looks like you may receive PPR/CoPR shortly. Just be patient!

 

[cempjwi]

Just the question I was about to ask. My case is a little different because though I live in The US I am not a citizen but on an H1 visa....meaning my job is the reason why I can stay in the US. However I am really considering just moving to Canada and staying with my husband till the PR comes but that would mean me quitting my job and of course I cant re-enter the US again after that.

So my question is if I am coming in as a visitor what would I need to show since technically I would have quit my job by then? Especially when they ask how long I would be staying.

If you need a visa to enter Canada, having an H1B in the US means a lot to Canada because that means you will be returning to the US (I have experience on that). Now, it is all about intention. If you were a US citizen everyone would be telling you 'yeah, sure, come to Canada and stay as long as you like...', but the story is different when you are not a US citizen. Technically, there is no difference in intention between a US citizen (or any other visa exempt citizen, for that matter) that enters Canada to wait out for the PR process to complete and a citizen that needs a visa to enter Canada. However, BA seems to frown upon other citizens. Truth is, if you have been to Canada before to visit your husband (and thus if you are not visa exemp you already have a visa to enter Canada), there is really no difference if you stayed to wait out for the process. I am not recommending you do one or the other. I am just saying that if we talk about technicalities, there are none.

 

[thedreadedpiper]

Just the question I was about to ask. My case is a little different because though I live in The US I am not a citizen but on an H1 visa....meaning my job is the reason why I can stay in the US. However I am really considering just moving to Canada and staying with my husband till the PR comes but that would mean me quitting my job and of course I cant re-enter the US again after that.

So my question is if I am coming in as a visitor what would I need to show since technically I would have quit my job by then? Especially when they ask how long I would be staying.

Can you quit your job from Canada? I know of people who have taken leave, travelled, then quit while they're still away. That way you could travel to Canada for a holiday while still on your H1-B. You could stay with your husband for a holiday and then make a decision about staying longer.

It seems a little risky quitting your job (and subsequently immediately losing the H1-B). If you were to be denied entry to Canada on that occasion because you have no job to go back to, you might not be able to re-gain entry to the U.S. (if you can't enter the U.S. on the visa waiver program) and would have to return to your country of citizenship. H1-B visas don't have a grace period (like TN status allows) if you quit your job. If you finish out the term of your H1-B visa you have 10 days to high-tail it out of there upon expiry, but quitting invalidates your status right away.

 

[margobear96]

Do you think I can travel with her when she moves and say that I am going to help her get set up and unpacked and staying for a couple of weeks and then will go back to the US?

You could always try, but honestly, I think that's just begging for the border guards to go digging through your packed up truck looking to see if any of your stuff is being moved as well. I don't know, but suspect that if you're denied entry, you'll have to wait it out in the US until you get your COPR (i.e., they probably note on their system that you've been denied for trying to move up before PR is complete). I think it would be better to travel separately unless you're flying in (and therefore won't have a house full of furniture with you).

 

[mickeyindia]

Do you think I can travel with her when she moves and say that I am going to help her get set up and unpacked and staying for a couple of weeks and then will go back to the US?

In any country , if you chose to enter as a visitor - you must prove you will leave the country.
2 good reasons to deny you if you go to the border along with your wife during the move

1) you already applied for a PR - intention is to settle in canada
2) Since your wife is moving with furnitures etc.. good reason to think u may not come back to states after.

 

[eis517]

You could always try, but honestly, I think that's just begging for the border guards to go digging through your packed up truck looking to see if any of your stuff is being moved as well. I don't know, but suspect that if you're denied entry, you'll have to wait it out in the US until you get your COPR (i.e., they probably note on their system that you've been denied for trying to move up before PR is complete). I think it would be better to travel separately unless you're flying in (and therefore won't have a house full of furniture with you).

We won't have the moving truck with us- we are going to hire movers. But my wife will have to have the lsit of everything the movers are bringing in and deal with that at customs. I would just say I am going to get her settled and unpacked and then I will be moving back....

 

[margobear96]

So, are you flying in? If she has to deal with customs this time, I think it's safer to fly separately (just fly up a day or two later). If you absolutely need to hold her hand because she has a deadly fear of flying, maybe make sure to stand separately in line. Hopefully, there are separate lines for Canadian citizens and other passport holders at your airport (I think Pearson does, Vancouver usually doesn't?). Get a round trip ticket to defend your statement that you're flying back to NYC.

 

[eis517]

So, are you flying in? If she has to deal with customs this time, I think it's safer to fly separately (just fly up a day or two later). If you absolutely need to hold her hand because she has a deadly fear of flying, maybe make sure to stand separately in line. Hopefully, there are separate lines for Canadian citizens and other passport holders at your airport (I think Pearson does, Vancouver usually doesn't?). Get a round trip ticket to defend your statement that you're flying back to NYC.

we were planning on driving in together with our baby. The moving truck would come a few days later. Someone will need to be with the baby when my wife is dealing with customs (she will be a while because she is going to have to declare the whole contents of the moving truck).

 

[margobear96]

Really, it's your call. Just seems, very, very risky to me moving all of your stuff at the same time. You may get a nice, sympathetic IO who'll wink, wink and give you a one-year visitor record. You may get a guy who's short on sleep and caffeine and wants to make an example of "illegal immigrants". Who knows. If it were me, I'd have your wife fly up with the baby by herself. Either she could bring a friend or hope a screaming infant would make the customs folks get my stuff processed faster. Then you could fly up the next day with a return ticket (for a future date, whether you end up using it or not). Again, up to you. I don't know if anyone on the board has actually tried to move up with their spouse across the land border before getting their COPR.