+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

honeyusagi

Newbie
Aug 21, 2014
3
0
I am a bit unsure of what to do. I am an American and I previously lived with my Canadian boyfriend for 15 months. I left Canada to visit family and renew my passport. Upon my arrival back to Canada we are going to begin the PR process for myself. This is where the confusion comes in. I entered Canada originally with a passport with my maiden name (I have been separated from my husband for 2.5 years). Upon renewing my passport it was issued with my married name. I am unsure how to re-enter Canada. Should I tell the truth when entering about our PR intensions? I have read that this can be a red flag to immigration officers, as they may believe I am essentially entering just for PR. Or, should I attempt to enter as a newcomer? I feel honesty is the best choice, and am hoping if I show them my visa from my 11 month stay they would be willing to allow me entry. Though, at the same time I am terrified they will deny me entry. I am departing in 2 weeks, and any advice would be greatly appreciated. Thank you!
 
What type of visa were you on when you lived with your boyfriend?and what type of visa are you entering on?

I would just say you are moving back to be with your boyfriend,I would mention planning on applying for pr unless they ask abut it.
 
KarlR said:
What type of visa were you on when you lived with your boyfriend?and what type of visa are you entering on?

I would just say you are moving back to be with your boyfriend,I would mention planning on applying for pr unless they ask abut it.

us citizens are visa exempt, and are NOT allowed to "move" to canada until they get pr status. no matter what, until then, or until they have a work or study visa, a us citizen (or any visa exempt person) is a "visitor" and needs to use the proper language at the border or else they will have a lot of trouble getting in! The "visa" the original poster has is probably a visitor's record or extension of her original stay. A US citizen would not be issued a visitor's visa.
 
don't use the term "moving" or "living". ALWAYS use the term "visiting". CBSA officers will not take too kindly to someone saying they are "moving" to canada when they only have the right to "visit". do not attempt to cross with all of your possessions either. This is very importand and will save you a lot of headache.

As for your entrry, no i do not suggest you show them your visitor's record of being there for 11 months. either a) they have a copy in their system, so you will have to answer their questions truthfully if asked, or b) that will certainly given them cause for denying you entry, since it's essentially proving you have been in canada more than the us, which is suppose to be your true permanent residence until you are approved for PR.

More likely than not, i would think your new passport and your old passport are connected somehow. i find it very hard to believe someone's entire travel history is wiped clean just by changing a name in a passport. if this were the case, many people would be crossing borders daily without issue or concern. also, criminals would never be caught or there'd be more criminal enterprise if fleeing a country was as easy as just changing your name in a passport. I would imagine your passport number is connected to other identifying criteria? perhaps i'm wrong. i'd say just relax and see what happens, no one can determine this until you actually get there.

For us citizens it actually HELPS you cross the border to tell them you have intentions to apply for a pr or already have. this shows them you know and are following the rules. my advice is to pay a portion of the fees before you get up there, and carry all paperwork you have relating to your application. They will be a lot more friendlier toward you if you show them you are preparing an application, and are more likely to let you in without issue. Also, if you can show significant ties to the US (lease/mortgage and paystubs/work contract from a us employer), they will be less suspcious of your intentions. these are the only "ties" CBSA considers significant.

Never lie to a cbsa agent when they ask you questions. this will for sure give you more trouble than you want. remember, sometimes they have information in their system from previous visits and already know the answers to the questions they are asking. for a lot of questions, they are looking for consistency and truth.

Again, at this point it's difficult to determine what will happen when you get there because every entry is unique and dependant on the border agent and person crossing. Be prepared, be truthful, and bring proof of your pr app/ties to the us. more likely than not, you will be fine. they *may* issue you a visitor's record and not allow you to stay for as long as you ask for. If this is the case, then when you get to canada, you would just apply to extend your stay. or they *may* let you in with no issue. until you show up at the border, you will never know!
 
Thanks for the replies! I originally entered Canada as a visitor, with two suitcases. I then applied for and received a temporary residency visa, which has since expired. I shouldn't say I am "moving" to Canada? How do I explain the PR situation without saying moving or relocating? If I'm not allowed to move to Canada during the PR process, how do people apply inland then? They obviously do it, seeing as it is an option. As far as ties to the States go, I do not have any. Prior to my entry into Canada I was living in Japan for quite a few years. That is where I met my boyfriend. Aside from this visit, I've not set foot in my country for years. Thanks again.
 
honeyusagi said:
Thanks for the replies! I originally entered Canada as a visitor, with two suitcases. I then applied for and received a temporary residency visa, which has since expired. I shouldn't say I am "moving" to Canada? How do I explain the PR situation without saying moving or relocating? If I'm not allowed to move to Canada during the PR process, how do people apply inland then? They obviously do it, seeing as it is an option. As far as ties to the States go, I do not have any. Prior to my entry into Canada I was living in Japan for quite a few years. That is where I met my boyfriend. Aside from this visit, I've not set foot in my country for years. Thanks again.

Just because people do something, it doesn't mean it's legal! you can't "move" to canada until you are given the permission to do so, so right now you are only a "visitor". visitors do not "move" to a country they are visiting. Inland applicants are already in canada as a visitor, worker or student when they apply. if they are visitors, they will either extend their status or be on implied status because they submitted an application for an open work permit. Technically visitors do not "live" in canada, they are only "visiting" even if it's for long term while their application is in process. inland applicants do not have the right to work or study or get healthcare until they pass the first stage of the process, which takes more than 12 months right now. there are also many people who have applied inland who are currently out of status and are in jeopardy of getting removed by CBSA.

When you get to the border, you can simply say "i have a pr application submitted and i'm here to visit my commonlaw partner" OR you can say, "im here to visit my so and so, and i am working on the paperwork to apply for PR". This will show the border agents you have the intent to follow the rules and you know that you can't "move" there until you are given the permission from the government to do so.

Sending an application for PR doesn't give someone the right to "move" to canada. Being APPROVED for pr does. it's super important to use the right language, cause i can guarantee you if you don't have a pr app in the system, you are not married, and you say you are "moving" to canada when you don't have the authority to do so, they will not be happy and will most likely turn you away. IT's also very common for US citizens who attempt to "move" to canada without pr approval to get issued and exclusion order, which means they are banned from entering canada for at least 1 year. this is something that is commonly done to cross-border couples who are dating. The safest way around this is to never say you are "moving", to submit a PR application, and be able to show ties to the us.

Just remember, whether you are allowed in and how long is completely up to the CBSA agent you meet at the border. If they have any inkling AT ALL you are not following proper procedure for moving to canada, and they assume you think you have every right to, when you don't, you will have a very bad experience at the border.
 
Ok! Thank you for all your information. I am still nervous, but now I have a firm understanding of what I have to do/say. Thank you again.