Applying to be a Permanent Resident as a Visitor

[canadiangirlz]

Good morning!

I am a Canadian citizen, planning to sponsor my U.S. partner as common-law partners. I have a few questions:

1. Is it legal for her to come to Canada as a temporary visitor and apply for permanent residency from Canada (we would still be doing outland as she would want to travel to and from the U.S. throughout the application process) when she lands? I would be working from Canada and be supporting her for the 6 months that she is allowed to be here, as she is unable to apply for a work permit.
3. If it is legal, what should we be telling the border guards? Should she only bring about 6 months worth of items?

Thanks so much.

 

[scylla]

Good morning!

I am a Canadian citizen, planning to sponsor my U.S. partner as common-law partners. I have a few questions:

1. Is it legal for her to come to Canada as a temporary visitor and apply for permanent residency from Canada (we would still be doing outland as she would want to travel to and from the U.S. throughout the application process) when she lands? I would be working from Canada and be supporting her for the 6 months that she is allowed to be here, as she is unable to apply for a work permit.
3. If it is legal, what should we be telling the border guards? Should she only bring about 6 months worth of items?

Thanks so much.

1. Yes, it's legal. Note that she would be entering as a temporary visitor and would not be moving to Canada at this point. How easily she is able to travel between Canada and the US and how frequently is impossible to answer since this is really up to CBSA and whether and how long she is allowed back into Canada is always up to them each time she crosses. Generally speaking, she should avoid frequent border crossings and only cross once in a while when really necssary. Crossing frequently gives the impression she is living in Canada vs. behaving like a visitor. Frequent crossings increase the chances of problems.
2. She should only answer the questions asked by the border official. She may simply be allowed in for six months without questions. If asked, she can indicate that she is going to be sponsored for PR but understands that she can only enter Canada as a visitor at this time and will follow Canadian immigration laws with regards to her stay. She should only bring what a visitor would normally bring. Basically clothes and a few personal items (i.e. couple of suitcases). Leave everything behind that would indicate she is moving (e.g. furniture, kitchen stuff, etc.). She is not allowed to move at this time or import her belongings. Leave everything else in the US either with friends / family or in storage until she has PR and can bring these items into Canada. If it looks like she's moving, this increases the chances of problems at the border.

 

[Ponga]

Good morning!

I am a Canadian citizen, planning to sponsor my U.S. partner as common-law partners. I have a few questions:

1. Is it legal for her to come to Canada as a temporary visitor and apply for permanent residency from Canada (we would still be doing outland as she would want to travel to and from the U.S. throughout the application process) when she lands? I would be working from Canada and be supporting her for the 6 months that she is allowed to be here, as she is unable to apply for a work permit.
3. If it is legal, what should we be telling the border guards? Should she only bring about 6 months worth of items?

Thanks so much.

Sorry to ask the obvious question, but...

Do you have solid evidence that you have lived together (anywhere) for at least 365 consecutive days?

FWIW, she can work remotely from Canada without the need for a work permit (via the internet or phone) as long as it is for a person/company/entity that is not in Canada and is not remunerated from Canada. Might help her feel better knowing that she's earning a bit of money whilst awaiting her PR.

 

[canadiangirlz]

1. Yes, it's legal. Note that she would be entering as a temporary visitor and would not be moving to Canada at this point. How easily she is able to travel between Canada and the US and how frequently is impossible to answer since this is really up to CBSA and whether and how long she is allowed back into Canada is always up to them each time she crosses. Generally speaking, she should avoid frequent border crossings and only cross once in a while when really necssary. Crossing frequently gives the impression she is living in Canada vs. behaving like a visitor. Frequent crossings increase the chances of problems.
2. She should only answer the questions asked by the border official. She may simply be allowed in for six months without questions. If asked, she can indicate that she is going to be sponsored for PR but understands that she can only enter Canada as a visitor at this time and will follow Canadian immigration laws with regards to her stay. She should only bring what a visitor would normally bring. Basically clothes and a few personal items (i.e. couple of suitcases). Leave everything behind that would indicate she is moving (e.g. furniture, kitchen stuff, etc.). She is not allowed to move at this time or import her belongings. Leave everything else in the US either with friends / family or in storage until she has PR and can bring these items into Canada. If it looks like she's moving, this increases the chances of problems at the border.

thank you so so much for the great reply!

 

[canadiangirlz]

Sorry to ask the obvious question, but...

Do you have solid evidence that you have lived together (anywhere) for at least 365 consecutive days?

FWIW, she can work remotely from Canada without the need for a work permit (via the internet or phone) as long as it is for a person/company/entity that is not in Canada and is not remunerated from Canada. Might help her feel better knowing that she's earning a bit of money whilst awaiting her PR.

Hey there! Yes, we have been living together for a bit over 2 consecutive years now.

that’s awesome news, I didn’t know that. Thanks for your reply!

 

[Ponga]

Hey there! Yes, we have been living together for a bit over 2 consecutive years now.

that’s awesome news, I didn’t know that. Thanks for your reply!

My pleasure.

Since the plan is to submit an Outland application, you could start the process now.