Will my wife be able to cross the border?

[cgybrian]

Hi everyone,

My wife and I got married in February this year. She is from Hong Kong and we are planning to apply for PR inland. She's been living in Canada with me since January and we are planning to go back to her country in May for 3 weeks to bring back some of her belongings and documents to apply for PR. Our concern is, will she have trouble coming back into Canada when we come back? I have heard stories that Canadian customs will not let people back in as they check for marriage fraud and my wife has been living in Canada for close to 6 months so I'm afraid she will get denied at the border. Please assist if you know any information or have been in a similar situation.

Thanks

 

[screech339]

What kind of visa does she have? Does she have a work visa? a student visa? If she has one of the two visas, then her entry problem would likely be minimal.

However if she has been in Canada on a visitor status for 4 months, since January, she may come across some problems upon re-entry. CBSA will wonder how she was able to support herself for 4 months. Another issue is that she is returning to Canada so quickly after leaving Canada. This is a "red flag" for CBSA as that is one of the indications of coming to work illegally in Canada.

My sister in law came back to Canada on a visitor visa, 3 months after she left Canada (stayed 6 months) as visitor status. CBSA was questioning her intentions as she was traveling back to Canada so soon after leaving Canada (especially after 6 month stay in Canada).

It is really important to know what kind of visa your wife will be entering Canada under.

 

[mikeymyke]

Yes and also if she's coming on a visitor visa, she will likely be denied entry when she's bringing her belongings over like you mentioned, and plus the fact you guys intend to apply inland, the combination of the two might make it hard to convince the border officer that you're only planning on entering Canada temporarily, which is the whole purpose of a visitor visa (if you guys are planning on using a visitor visa to enter).

 

[canadianwoman]

She doesn't need a visa to enter Canada as a tourist. (Right? Because she has a Hong Kong passport.) She might be questioned about why she is returning so soon after staying here for so long. She has to be clear with the border agent that she is just visiting. She is not moving here at this time, so if she has a lot more luggage than normal, try having some of it sent by mail instead. She should have some proof of ties to Hong Kong, and a return ticket.
If you apply outland, you could also show the agent proof of your application. In these cases, people usually are let in.