My wife is from Shawinigan QC. We were married there and then she moved to our home in Texas. We have decided to move to Shawinigan QC and I will apply for my PR in Canada. I work 21 days on and 21 days off in the oil and gas industry in the U.S. and want to keep my job while living in Canada. Is it possible to be a Canada PR live in Canada and continue to work at my current job in the U.S. I am also currently seeking an immigration lawyer to start this process any references would be helpful. Thanks.
U.S. citizen live in Canada work in U.S.
- Thread starter frstexas
- Start date
You cannot move to Canada or live in Canada until you have PR. At this time all you can do is visit. There is certainly a risk that at some point CBSA may refuse your re-entry into Canada since what you are doing may be perceived as an abuse of visitor privilege and CBSA may say you are trying to live in Canada without authorization. Or it may work out. It's really hard to say.
A few recommendations: (1) Get a nexus card if you don't already have one. (2) When you first come to Canada, leave most of your personal belongings in the US (in storage or whatever). Don't bring them to Canada. Only bring what a tourist would normally bring. You aren't allowed to import all of your belongings until you are a PR. If you try to bring everything now, you will be at very high risk for problems at the border, including the possibility of a refused entry or even an 1 year exclusion order. Bring only things a tourist would normally bring. Leave all household stuff behind and bring it later once you have PR and are allowed. Alternatively, have your wife drive everything up in a u-haul since she's the Canadian and can re-enter Canada without issues. You should travel separately - don't be with her in the u-haul since this may make it look like you're moving to Canada and cause problems at the border. (3) Make sure you apply for PR through the outland rather than inland process. The inland process requires you to be cohabitating with your sponsor in Canada. You'll be working in the US half of the time and IRCC will almost certainly say you don't meet inland requirements. Also, in the event you are ever refused entry into Canada, an outland application will still be process - and inland application will not be. (4) You need a back up plan (i.e. somewhere to stay) if you are ever refused entry into Canada and are told not to return for a whiel.
I will continue to live at my residence in Texas until the process is completed. Can me and my wife live here in Texas and file Outland and wait for it to be approved or does she need to be living in QC during the process. Also what about working U.S. Once I’m a Canada PR.
Hurlabrick
Champion Member
- Sep 4, 2016
- 575
- Visa Office......
- London
- App. Filed.......
- 23-06-2016
- AOR Received.
- 12-07-2016
- File Transfer...
- 23-08-2016
- Med's Done....
- 08-06-2016
- Passport Req..
- 21-12-2016
- VISA ISSUED...
- 24-12-2016
- LANDED..........
- 11-04-2017
You can definitely file for outland and remain in the US until approved. As part of the outland process however, your wife will have to 'prove' her intent to return to Canada if you are approved, which is a bit more than just saying 'I will, I promise'. It can of course be done, I managed it despite not living in Canada for 40 years.
Yes you can, I know of a couple of people who regularly commute and work in the US (live in a Canadian border town). Not sure about the tax position between US and Canada, something you will have to sort out.
I have retained an immigration lawyer in Montreal who has over 20 years immigration experience we have filed my Outland application and with advice from my lawyer I went ahead and sold my house which will close on the Sept 20, 2019. She has assured me that I can go ahead and move here with my wife (Canadian citizen) while my application is being processed because once I have filed Outland application Duel intent is already established they will see at the border that I am visiting but have intentions to move. I’m assuming this is doable because of my job I will never spend more than 21 days in Canada. She also assured me that I can show up at the border with my wife and all our belongings in a moving truck and we will have no issues.
I would switch lawyers if possible because this lawyer has given you some bad advice. You certainly can’t move all you belongings to Canada until you have PR. You can try to visit your wife during the PR process. The big issue is the fact that you will be crossing the border often. That often raises concerns with CBSA that you are actually living in Canada while still under the sponsorship process. If you were staying in Canada the whole time it wouldn’t be an issue.
This was her answer tonight when I clarified again.
“Yes, you are allowed to move physically and enter Canada and live here for 6 months at a time. The cars and valuable items may be a different situation.
Your wife will be considered as a settler because she has been outside Canada for more than one year.
So she can make the declaration of the items under her name.”
https://www.cbsa-asfc.gc.ca/travel-voyage/mrc-drc-eng.html
I am having trouble getting clarification on bringing my vehicles in. I have a 2014 GMC Denali HD, 2018 Murano Platinum, and a 2012 THOR Freedom Elite RV will I have to pay 14.975% tax (gst + qst) on the value over $10,000 as a new immigrant or not? So many contradicting articles and posts, I need a clear yes or no.
No, you are allowed to VISIT and the length of the visit is dependent on the CBSA officer when you enter.
The thing is, regardless of dual intent or what your lawyer says, CBSA doesn't like people moving to Canada as visitors. If you show up with your wife and all of your worldly possessions (even if she is claiming everything as hers), there is definitely the possibility of being refused entry.
That’s kinda what I was thinking, all you need is that one agent having a bad day and boom it’s done. I’m so confused right now on some of these processes. You can find supporting information for whatever you can think of right or wrong. Thank you for your info it’s been quite helpful.
Your situation is also further complicated by the fact that you want to leave and re-enter every month or so for your job.
Honestly, it would have been a better option for you guys to remain living in the US and apply outland. You will not qualify for inland because you will not be living together continuously in Canada and you will face the possibility of being refused entry every time you try to come back from your job.
We already submitted the Outland application, the lawyer says it’s the best because I will need to cross the border during the process.
Yes - the lawyer has massively underplayed what could go wrong. Very very strongly recommended that you do not show up at the border with belongings that make it clear you are moving. This is how people (yes, Americans) sometimes end up with 1 year exclusion orders from Canada. Your wife is free to travel and bring all of your belongings. You should absolutely travel separately - do not go with her and all of your stuff. Understand that you are not allowed to move to Canada at this time. So you showing up at the border with all of your belongings and things going wrong is not so much an agent having a bad day as you trying to circumvent the rules and move before you are allowed to.
Claiming dual intent sometimes works - but can also create more problems. Dual intent is not a right - it's at the discretion of the officer. We've seen a couple of cases recently where people claimed dual intent at the border and all this did was create issues for their entry into Canada and their ability to remain in Canada. Note that even if dual intent is accepted, you're still not allowed to import your belongings until you are a PR.
Lawyer may be experienced but is giving you wrong/bad - sorry.
Hurlabrick
Champion Member
- Sep 4, 2016
- 575
- Visa Office......
- London
- App. Filed.......
- 23-06-2016
- AOR Received.
- 12-07-2016
- File Transfer...
- 23-08-2016
- Med's Done....
- 08-06-2016
- Passport Req..
- 21-12-2016
- VISA ISSUED...
- 24-12-2016
- LANDED..........
- 11-04-2017
OP
Suggest you have a read of the 'Mata vs Canada' judgement. A US citizen being sponsored turned up at the border with all their worldly goods saying they wanted into Canada under dual intent. They were turned away with a one year exclusion as it was obvious they were not simply planning to come as a visitor. Judgement here:
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218891/index.do?r=AAAAAQAHVmlzaXRvcgE
This was basically 'how NOT to do it'.
Suggest you have a read of the 'Mata vs Canada' judgement. A US citizen being sponsored turned up at the border with all their worldly goods saying they wanted into Canada under dual intent. They were turned away with a one year exclusion as it was obvious they were not simply planning to come as a visitor. Judgement here:
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218891/index.do?r=AAAAAQAHVmlzaXRvcgE
This was basically 'how NOT to do it'.
Exactly.
And yet immigration lawyer with 20 years of experience says it's no problem. Immigration lawyer fail.