Visitor (US citizen) to Canada

[mcart]

I have some various questions regarding the CBSA process.

I understand that if you cross the border as a US citizen and unless visitor record or passport stamp is given to limit your stay, you are authorized for 6 months in the country as a visitor.

I have also read on this forum that if your plans/intentions change in this scenario after you have been allowed entry for 6 months (where there is no stamp in your passport), you are within the rules to stay for 6 months without having to notify CBSA/CIS or anyone. Is this true and within the immigration laws/rules?

Given that this is not against any rules, is there any repercussion to changing intentions and staying longer than you initially endorsed in further crossings?

I understand if you fly into the country, you have to indicate your length of stay on the declaration sheet, but at a land border crossing, do the CBSA record down what your reported length of stay is? How would they know if you stayed longer than you initially planned, so long as it was not over the 6 month duration?

 

[scylla]

I have some various questions regarding the CBSA process.

I understand that if you cross the border as a US citizen and unless visitor record or passport stamp is given to limit your stay, you are authorized for 6 months in the country as a visitor.

I have also read on this forum that if your plans/intentions change in this scenario after you have been allowed entry for 6 months (where there is no stamp in your passport), you are within the rules to stay for 6 months without having to notify CBSA/CIS or anyone. Is this true and within the immigration laws/rules?

Given that this is not against any rules, is there any repercussion to changing intentions and staying longer than you initially endorsed in further crossings?

I understand if you fly into the country, you have to indicate your length of stay on the declaration sheet, but at a land border crossing, do the CBSA record down what your reported length of stay is? How would they know if you stayed longer than you initially planned, so long as it was not over the 6 month duration?

Whether you fly in or come in through a land border, there's no legal/immigration issue with changing your plans and staying longer (provided IRCC doesn't limit your stay in your passport). I supposed the only potential repercussion is that if you stay a full six months and then leave, you'll want to remain outside of Canada for a while before attempting to return so that CBSA doesn't think you're trying to live here.

 

[mch88]

Whether you fly in or come in through a land border, there's no legal/immigration issue with changing your plans and staying longer (provided IRCC doesn't limit your stay in your passport). I supposed the only potential repercussion is that if you stay a full six months and then leave, you'll want to remain outside of Canada for a while before attempting to return so that CBSA doesn't think you're trying to live here.

So they will not look at the longer than endorsed stay (although legal) and allow that to affect the next entry? Is this from experience, word of mouth, people in the know? (not doubting you, just curious)

My question also is, how do they know you stayed longer than endorsed - do they mark down how long you stated you will stay when you cross?

 

[jddd]

1. If you are given a visitor record and told to only stay for a specific time and you don't, CBSA will be able to access records to show if and when you exited Canada (air, land and sea).

2. If you are selected for secondary review because of any doubts they may have about your visit and they ask you point blank how long you plan to stay, your answer will be recorded and accessible to any other succeeding officers.

Other than those two, I don't see other ways for an officer to record what you stated (unless the officer records it too when you are asked at primary?)

Anytime that CBSA detects that the intention of the visitor is to live in Canada on a visitor visa/ETA, they can refuse entry. That is up to the officer you will come across, I doubt that anyone here can guarantee you smooth entry every time you make an attempt. Best of luck!

 

[mcart]

1. If you are given a visitor record and told to only stay for a specific time and you don't, CBSA will be able to access records to show if and when you exited Canada (air, land and sea).

2. If you are selected for secondary review because of any doubts they may have about your visit and they ask you point blank how long you plan to stay, your answer will be recorded and accessible to any other succeeding officers.

Other than those two, I don't see other ways for an officer to record what you stated (unless the officer records it too when you are asked at primary?)

Yeah, I was hoping that someone in the know could explain whether your reported length of stay is recorded at the primary inspection.

Anytime that CBSA detects that the intention of the visitor is to live in Canada on a visitor visa/ETA, they can refuse entry. That is up to the officer you will come across, I doubt that anyone here can guarantee you smooth entry every time you make an attempt. Best of luck!

Part of the difficulty with that is - why do you have rules about the maximum visitor stay being 6 months - when CBSA tend to limit visitors that tend are crossing over for longer length visits.

 

[canuck_in_uk]

Yeah, I was hoping that someone in the know could explain whether your reported length of stay is recorded at the primary inspection.



Part of the difficulty with that is - why do you have rules about the maximum visitor stay being 6 months - when CBSA tend to limit visitors that tend are crossing over for longer length visits.

Unless CBSA issues a Visitor Record, no, it is not recorded.

CBSA doesn't like people trying to live in Canada as visitors, so repeated long visits are frowned upon.

 

[jddd]

Yeah, I was hoping that someone in the know could explain whether your reported length of stay is recorded at the primary inspection.



Part of the difficulty with that is - why do you have rules about the maximum visitor stay being 6 months - when CBSA tend to limit visitors that tend are crossing over for longer length visits.

1. Because any country is not obligated to let anyone who is not a citizen or permanent resident in the country in the first place. Going to a country for leisure or to visit loved ones is a privilege and not a right.

2. Visitors who stay long term tend to diminish their savings/funds and then resort to working illegally thereby taking away jobs that are rightfully for those who have legal work permits/residents/citizens.

3. Because a temporary visitor should be just that, someone who is in Canada temporarily. If one would like to live long term in a country then that person should go through legal means to achieve that.

 

[bellaluna]

Part of the difficulty with that is - why do you have rules about the maximum visitor stay being 6 months - when CBSA tend to limit visitors that tend are crossing over for longer length visits.

The US imposes that 6 month limit for B2 (tourist) visa holders too, and they are less likely to grant extension requests than Canada.

 

[mcart]

1. Because any country is not obligated to let anyone who is not a citizen or permanent resident in the country in the first place. Going to a country for leisure or to visit loved ones is a privilege and not a right.

2. Visitors who stay long term tend to diminish their savings/funds and then resort to working illegally thereby taking away jobs that are rightfully for those who have legal work permits/residents/citizens.

3. Because a temporary visitor should be just that, someone who is in Canada temporarily. If one would like to live long term in a country then that person should go through legal means to achieve that.

As a frequent traveler, I get that it is a privilege to travel. I also understand CBSA and not admit entry for any reason, including their mood that day. We are not trying to break rules or anything and we are definitely not trying to live in Canada long term. One of us is in temporarily (for a couple months) in Canada for work, and we are just trying to minimize the long distance dating for that time through visiting. Right now we are alternating visiting each other for weekends, but also navigating a way to entertain longer visits. We are not trying to work illegally, etc. Neither of us will be in Canada for >6 months, so in my mind we really aren’t a concern for overstaying.

It just seems like reading on here, there are a lot of complicating factors. Employment for one - it’s seen as a tie to the country. One reason we are able to entertain a relatively longer visit, is because the visitor has employment can be done remotely (for non Canadian employer and client). However we are told not to volunteer this info to customs as apparently it may be a touchy issue?

It also ties into the funds, because part of supporting the visitor’s stay is being able to earn money through this remote work. The one of working temporarily in Canada makes enough money to support the visitor in terms of food/rent, but is that then seen as a unfavorable tie to Canada? The visitor doesnt have a boatload of cash/funds but between the remote work and support from host, what proof do we need to show?

With regards to a pet, is it also unfavorable to bring a pet - even with a short trip like a week, it is not reasonable just to leave a pet alone at home?

 

[bellaluna]

^ We do tend to give more general advice over here, to minimize the risks of getting denied entry as much as possible, but there have been a few instances where honesty does seem to work. It's really a case to case basis--a few people have reported getting granted visas/entry even when honestly declaring long-term stays, such as common-law sponsorship or grandparents taking care of newborns. In the end, it's your application/entry/interview with the CBSA officer.

 

[mcart]

^ We do tend to give more general advice over here, to minimize the risks of getting denied entry as much as possible, but there have been a few instances where honesty does seem to work. It's really a case to case basis--a few people have reported getting granted visas/entry even when honestly declaring long-term stays, such as common-law sponsorship or grandparents taking care of newborns. In the end, it's your application/entry/interview with the CBSA officer.

so what would be the advice in the above described scenario?

 

[jddd]

so what would be the advice in the above described scenario?

I think, because you are being honest, the advice is to try and hope for the best every entry, if you are refused entry it does not affect any future PR applications anyway and it would be your indicator that you are staying too long in Canada. My American friends have visited us with their pet with no issues but that's only 1 instance out of I don't know how many.

 

[mcart]

I think, because you are being honest, the advice is to try and hope for the best every entry, if you are refused entry it does not affect any future PR applications anyway and it would be your indicator that you are staying too long in Canada. My American friends have visited us with their pet with no issues but that's only 1 instance out of I don't know how many.

What counts as spending too much time? We've been alternating visits, so its been every other weekend, with the remainder of the week back in the USA. We are hoping to have a bit of a longer visit (under 6 month limit) to prevent the travelling back and forth. After that, we both plan to be back in the USA, so we will not be back in Canada for any substantial amount of time for some time.

I was hoping you guys could answer some of our specific questions/concerns to help us prepare for this better.

 

[jddd]

What counts as spending too much time? We've been alternating visits, so its been every other weekend, with the remainder of the week back in the USA. We are hoping to have a bit of a longer visit (under 6 month limit) to prevent the travelling back and forth. After that, we both plan to be back in the USA, so we will not be back in Canada for any substantial amount of time for some time.

I was hoping you guys could answer some of our specific questions/concerns to help us prepare for this better.

I don't think anyone here is in the position to answer your specific concerns unfortunately, we do not work for IRCC or the CBSA. We can tell you what we've observed so far and even some personal experiences we know of (like my friend and their pets). All we know is each entry is assessed based on their own merits by the officer. I have heard of people turned away for coming over every weekend but you say you go every other weekend and have been fine. I have heard of people being turned away at the first instance. I have heard of people being turned away for being here too much. There have been far too many different scenarios and people to consider.

From what I remember with your questions, you wanted to know if your answers as to your length of stay are recorded, there is one sure answer, yes when you are issued a visitor record. I also know that interviews when you are asked to go to secondary are recorded based on people I know. We cannot answer if it will be recorded at primary because we do not have anecdotal evidence nor are we privy to internal policies if they do or not. canuck_in_uk is a senior member and says it isn't though so that is something else to consider.

We don't like giving incorrect answers as much as possible and would hate to tell you one thing just for you to go to the border and be refused.