Native Citizen (via Citizenship Act) 1st time settling - Landing Q's + more

[NoTrumpNoWay]

Hello All,
I am applying for a citizenship certificate (my mom was born in Canada,) and I have a whole can full of questions. I plan to move to Vancouver as soon as I receive my citizenship certificate. I currently live in the Seattle area, so I plan to just make a list of all my stuff, load it into a u-haul and ride up to the border with the wife and dog. This brings me to question #1.

Is there a duty-free exemption for Canadian Citizen settling for the first time in Canada?

The dog has his rabies certificate and the vet here assured me that is all they ask for these days for dogs entering Canada. The wife on the other hand I plan to submit an inland spousal sponsorship while she stays on a visiting status, taking the ferry to Friday Harbor to cross the border every 6 months and have a nice dinner in the San Juan Islands. We currently work remotely for a tech support company in California.

As I understand it, it's not a problem for her as a visitor to continue working remotely for a US company, dealing exclusively with clients in the US (i.e. all money involved actually comes from the US, and she's not competing with the Canadian workforce at all.) Is this correct?

Question #3/4:
My wife and I have cohabitated for what will be 6 years by the time I receive my citizenship. All 6 years have been in states that don't recognize common-law marriage, and we haven't opted for legal marriage because same-sex marriage is such a ridiculous political rollercoaster in the US. We have friends that have literally been married 3 times to each other because each time they get married it just gets taken away again. Under BCs Family Law Act, I understand BC takes a pretty aggressive pro Common-Law stance. Will our 6 years of cohabitation in the US count towards our relationship being recognized in Canada? How does this impact our IMM5285?

 

[scylla]

You will be FAR better off submitting an outland application. There are practically no advantages to applying inland if you're American and applying inland will make your life much more complicated.

When you come with the u-haul, best for your wife to travel separately since she's only allowed to enter as a visitor and not move here. Time to time CBSA officials will deny someone entry (or even issue a one year exclusion order) if they think you're moving to Canada without authorization.

If you need to extend her visit at the end of six months, apply to extend her visit from within Canada rather than doing a border run and having dinner in the US. Border runs are risky.

Yes - fine to work in Canada as you've described.

Doesn't matter what BC's common law rules are since what you're referring to is CRA (tax) rules. All that matters is the federal definition of common law for immigration purposes - which is one year of continuous cohabitation.

 

[CDNPR2014]

to reiterate what Scylla says, US outland applicants are getting approved in 4.5-6 months total time. US applicants who apply inland regret it deeply soon after applying... do NOT apply inland. there is no reason to.

The times posted on the cic website for US applications is NOT an average and does not reflect what applicants currently face.

 

[NoTrumpNoWay]

to reiterate what Scylla says, US outland applicants are getting approved in 4.5-6 months total time. US applicants who apply inland regret it deeply soon after applying... do NOT apply inland. there is no reason to.

The times posted on the cic website for US applications is NOT an average and does not reflect what applicants currently face.

So to clarify, we can apply for inland even though she will be visiting me in Canada full time?

 

[CDNPR2014]

So to clarify, we can apply for inland even though she will be visiting me in Canada full time?

DO NOT APPLY INLAND!!!!! She can apply outland while in canada as a visitor, worker or student. a person can be located anywhere in the world when they apply outland, including canada.

 

[NoTrumpNoWay]

DO NOT APPLY INLAND!!!!! She can apply outland while in canada as a visitor, worker or student. a person can be located anywhere in the world when they apply outland, including canada.

Ok, got it. That's a lot shorter time then we expected. Thank you very much!

Not having my wife in the U-haul is a bit of a problem as she's the one with the driver's license, but I can understand the problem there.
Do you think CSBA will have a problem with my stepdad driving the U-Haul up there with me then, since I don't drive? Would it help for him to have his return bus ticket in hand?

 

[canuck_in_uk]

You should try to get your outland app together now and get it submitted as soon as you have your Certificate of Citizenship, before you even come to Canada.

 

[CDNPR2014]

Ok, got it. That's a lot shorter time then we expected. Thank you very much!

Not having my wife in the U-haul is a bit of a problem as she's the one with the driver's license, but I can understand the problem there.
Do you think CSBA will have a problem with my stepdad driving the U-Haul up there with me then, since I don't drive? Would it help for him to have his return bus ticket in hand?

if you are a canadian citizen and your step dad can prove he does not intend to stay in canada longer than allowed (if asked), then there is no issue with him helping you move back.

your wife can be in the uhaul, but keep in mind they may ask her to provide proof of ties to the us. until she is approved for a pr she can not "move to" or "live in" canada. right now, she can only legally "visit". if she's with you, you need to make it clear to cbsa that she understands this and she has something to go back to in the us until she is approved for PR (regardless of how long she intends to stay in canada). if she's with you, having proof of a pr application submitted or being worked on goes a long way with CBSA. people recommend the pr applicant drive separately to avoid getting questioned intensely at the border.

 

[canuck_in_uk]

your wife can be in the uhaul, but keep in mind they may ask her to provide proof of ties to the us. until she is approved for a pr she can not "move to" or "live in" canada. right now, she can only legally "visit".

The wife should NOT be in the uhaul. Trying to enter with all of her belongings is an easy way to be refused entry and possibly even issued an Exclusion Order.

The wife should cross separately with only a few bags.

 

[NoTrumpNoWay]

The wife should NOT be in the uhaul. Trying to enter with all of her belongings is an easy way to be refused entry and possibly even issued an Exclusion Order.

The wife should cross separately with only a few bags.

When she crosses and they ask her purpose should she explain or just say "pleasure?"

 

[CDNPR2014]

The wife should NOT be in the uhaul. Trying to enter with all of her belongings is an easy way to be refused entry and possibly even issued an Exclusion Order.

The wife should cross separately with only a few bags.

there are many people who go with their spouses in the uhaul and have no issue at all, assuming they know what to say, have proof of ties to the us, and their pr application. CBSA isn't just going to deny entry to someone who happens to be a passenger in the uhaul if they have all these things, and we have seen many cases on here to prove this. it's about saying the right things and being able to prove you know you can't "move to" or "live in" canada until approved for pr. being in a separate vehicle is usually recommended to avoid getting scrutinized at the border, not because it's an instant entry refusal. if they are that concerned about a person's entry, then more than likely that person is given a visitor's record with instructions to check out with CBSA by a certain date.

also, exclusion orders are rarely given to US applicants who can prove a PR application is submitted and is already married/commonlaw (i have yet to read stories to prove otherwise). Exclusion orders are more likely to be issued for those they can prove have illegally worked in canada or can't prove ANY ties to the us after being asked for them. Generally, without substantial proof of illegal intetions, CBSA will just turn the person away and tell them to come back with a list of documents to prove ties. i would bet money that exclusion orders for US citizens are more likely to be handed out to people only dating, not actually married. as someone who had one and had to go into secondary for every entry 1.5 years afterwards, i can say CBSA is way more friendly to married couples who are prepared and know what they are doing than those just dating.

 

[CDNPR2014]

When she crosses and they ask her purpose should she explain or just say "pleasure?"

"i'm here to visit my husband while my pr application processes".
Or
I'm here to visit my husband while my pr application processes and HE moves back to resettle."

 

[scylla]

there are many people who go with their spouses in the uhaul and have no issue at all,

True - but a few times a year, we have Americans who post here after they've ended up with an exclusion order. We've seen several examples of married people ending up with exclusion orders - so being married certainly doesn't prevent it. The exclusion order situations often involve u-hauls or cars packed full with personal belongings - so I would personally be hesitant to do that. I also remember another situation where a married couple was "living" in Canada while the outland PR application was being processed but would pop over the border regularly (i.e. several times a week) to buy cheap gas and groceries. One of their trips back into Canada resulted in an exclusion order.

I personally wouldn't risk it. Guess it all depends how much risk someone wants to undertake and how much a 1 year exclusion order would or would not mess up your life...

Just to add to the above... My husband is American and "lived" with me in Canada for several years before becoming a PR. The left and returned back to Canada 15-20 times per year.

 

[CDNPR2014]

True - but a few times a year, we have Americans who post here after they've ended up with an exclusion order. We've seen several examples of married people ending up with exclusion orders - so being married certainly doesn't prevent it. The exclusion order situations often involve u-hauls or cars packed full with personal belongings - so I would personally be hesitant to do that. I also remember another situation where a married couple was "living" in Canada while the outland PR application was being processed but would pop over the border regularly (i.e. several times a week) to buy cheap gas and groceries. One of their trips back into Canada resulted in an exclusion order.

I personally wouldn't risk it. Guess it all depends how much risk someone wants to undertake and how much a 1 year exclusion order would or would not mess up your life...

Just to add to the above... My husband is American and "lived" with me in Canada for several years before becoming a PR. The left and returned back to Canada 15-20 times per year.

yes, i agree it is risky, but those who got the exclusion orders while married don't sound like they were very well prepared, more than likely didn't understand the fine lines CBSA has or just ignored their warnings - specifically when it comes to commuting back and forth regularly. while i would have never attempted crossing in a uhaul with my history, many do it without issue. it's really going to depend on specific circumstances and the particular CBSA officer. it's not a 100% either way. it's good to know the risks for both ways and weigh the pros and cons so an informed decision can be made about how to best cross the border without issue.

 

[canuck_in_uk]

it's not a 100% either way. it's good to know the risks for both ways and weigh the pros and cons so an informed decision can be made about how to best cross the border without issue.

No, it's not 100% either way but Americans are knocked back at the border and even issued Exclusion Orders often enough in this situation that it is advisable to cross separately.