advice needed on customs clearance and duty

[mapleleaf2014]

Hi any information resources on this would be appreciated.
Basically the situation is I am applying for pr married to Canadian citizen who is sponsoring me.
We are shipping items to Canada which we need to declare on entry along with baggage

Shipment is in my name.
There are different rules for visitors and returning Canadians. I'm entering for six months. How does it work for a married couple in this case. Should my husband declare the shipment? Also what does the returning allowance refer to? Is it all items or new items only?
Can we use my sons allowance on the shipment as he has a Canadian passport but citizenship in process.
We have left this last minute travelling under dual intent next week!
Any help or suggestions much appreciated.

 

[Alurra71]

Hi any information resources on this would be appreciated.
Basically the situation is I am applying for pr married to Canadian citizen who is sponsoring me.
We are shipping items to Canada which we need to declare on entry along with baggage

Shipment is in my name.
There are different rules for visitors and returning Canadians. I'm entering for six months. How does it work for a married couple in this case. Should my husband declare the shipment? Also what does the returning allowance refer to? Is it all items or new items only?
Can we use my sons allowance on the shipment as he has a Canadian passport but citizenship in process.
We have left this last minute travelling under dual intent next week!
Any help or suggestions much appreciated.

You can NOT ship anything to Canada for 'living' until your PR has been completed. If you do this, then it is likely you will find yourself in a whole new mess at the border.

Your husband is allowed to bring his things back with him to return to Canada. I don't think there is a 'limit' on household goods, but they can't be brand new items just purchased before the return.

You would be wise to only show up at the border with a couple of suitcases and only clothing with little personal effects. Declaring dual intent at the border is NOT a guarantee they will let you in. Be very careful with how you 'word' things with CBSA. They don't fool around not for a second will they let you in if you at any point state "I am moving to Canada with my husband" even if you add on "while I wait for my PR application to finish processing" ....

Good luck

 

[mapleleaf2014]

Thanks. I will get the shipment put in his name. I think that will help. I will not mention dual intent unless questioned. I have a return ticket to show to immigration. We are bringing the usual baggage allowance with one extra bag. Just clothes and shoes and a few items for my son. Its a relatively small shipment no furniture and my husband has been out of Canada for nearly twenty years so I think a small shipment is justified. What do you think? I'm trying to get a stop on the shipment as we speak!

 

[mapleleaf2014]

You can NOT ship anything to Canada for 'living' until your PR has been completed. If you do this, then it is likely you will find yourself in a whole new mess at the border.

Your husband is allowed to bring his things back with him to return to Canada. I don't think there is a 'limit' on household goods, but they can't be brand new items just purchased before the return.



You would be wise to only show up at the border with a couple of suitcases and only clothing with little personal effects. Declaring dual intent at the border is NOT a guarantee they will let you in. Be very careful with how you 'word' things with CBSA. They don't fool around not for a second will they let you in if you at any point state "I am moving to Canada with my husband" even if you add on "while I wait for my PR application to finish processing" ....

Good luck

Also how does this fit with asking for a visitor record for longer than six months? I have been advised this is possible if you say you have applied for pr.I'm a bit confused.

 

[Alurra71]

Also how does this fit with asking for a visitor record for longer than six months? I have been advised this is possible if you say you have applied for pr.I'm a bit confused.

I was referring only to chosen words. Do not say going to live instead say c coming to visit with him. Just be careful of what words you choose to explain your intent is all. Never never say I'm moving here or coming to live here at least not until you have that copr in hand! Lol

 

[BeShoo]

There are some restrictions on bringing things when you return to live in Canada. All the details are here: http://www.cbsa-asfc.gc.ca/publications/pub/bsf5087-eng.html He needs a B4 form with a list of what he is bringing. It doesn't have to be too detailed, like "shirts $220, books $230," etc.

I think he is only allowed to bring his own personal items. He could actually get into difficulty if he brought items that were yours and were obviously not for his own personal use. Some of those things might have to be put in storage in the U.S. until PR is approved. Your son can declare whatever items are for his own personal use.

For yourself, you should only be bringing what you'd bring on a visit, for now. You will be expected to show that your ties to the U.S. are stronger than your ties to Canada. They will likely allow you to visit for up to 6 months. You can apply for an extension later if your PR is not yet approved by the time that expires.

 

[mapleleaf2014]

There are some restrictions on bringing things when you return to live in Canada. All the details are here: http://www.cbsa-asfc.gc.ca/publications/pub/bsf5087-eng.html He needs a B4 form with a list of what he is bringing. It doesn't have to be too detailed, like "shirts $220, books $230," etc.

I think he is only allowed to bring his own personal items. He could actually get into difficulty if he brought items that were yours and were obviously not for his own personal use. Some of those things might have to be put in storage in the U.S. until PR is approved. Your son can declare whatever items are for his own personal use.

For yourself, you should only be bringing what you'd bring on a visit, for now. You will be expected to show that your ties to the U.S. are stronger than your ties to Canada. They will likely allow you to visit for up to 6 months. You can apply for an extension later if your PR is not yet approved by the time that expires.

Thanks for the link. Does he also need a form E24? I found this as well.

Things are getting a bit clearer now. Are you saying I need to have ties in the us if I store the stuff there?

I have a list if the items being shipped and although obviously we are a family and some of the items are for all of us I think the volume is small enough to justify bringing even if it was a vsix month visit for all if us! We did a lot of chucking out and nothing but clothes papers a few personal items and household items. But as you say some of it is still for my use.

If I have a return ticket and show intent to leave after six months which I will do if I have to does this help or is it the fact of assuming I will get pr and doing a shipment that is the problem? If that is the case I could store everything in the uk until the residency is approved.

 

[mapleleaf2014]

I was referring only to chosen words. Do not say going to live instead say c coming to visit with him. Just be careful of what words you choose to explain your intent is all. Never never say I'm moving here or coming to live here at least not until you have that copr in hand! Lol

OK thanks yes I agree it is all in the wording and we will work on it before we leave to get the story straight but it won't go as far as overstaying that's for sure!

 

[BeShoo]

Thanks for the link. Does he also need a form E24? I found this as well.

Things are getting a bit clearer now. Are you saying I need to have ties in the us if I store the stuff there?

I have a list if the items being shipped and although obviously we are a family and some of the items are for all of us I think the volume is small enough to justify bringing even if it was a vsix month visit for all if us! We did a lot of chucking out and nothing but clothes papers a few personal items and household items. But as you say some of it is still for my use.

If I have a return ticket and show intent to leave after six months which I will do if I have to does this help or is it the fact of assuming I will get pr and doing a shipment that is the problem? If that is the case I could store everything in the uk until the residency is approved.

Sorry for the confusion. My partner is from the U.S. and I have that in my mind. You didn't say where you were coming from but it now sounds like you are coming from the U.K. What you need are ties to your home country, not ties to the U.S. (unless the U.S. is your home country). You need to have a permanent address in your home country and have the means and intention to go back there if the PR application doesn't work out for some reason.

I'm actually not too sure about Form E24. It seems to be for goods arriving separately from the traveller, but I think it might only be for the 7-day trip exemption. You need to check further on that.

Have you already sent the PR application? You didn't really say. As far as the goods go, they might not inspect the shipment in too much detail, but it really is supposed to be goods for the person returning to Canada and not personal goods of a potential PR recipient. Household items that could be for the returning citizen shouldn't be a problem, even if they are used by everyone, but they might question women's items brought in my a man.

It would definitely be better not to bring the sort of personal items that you would only bring if you were never going back to your country. Even something like a large collection of childhood photographs could make it look suspiciously like you intend to stay permanently, regardless of the outcome of the application or whether you are successful getting an extension to your maximum 6-month visit. They would like to be able to see that you still had a job, property, or responsibilities in your home country that might prompt you to return. Obviously, you have strong ties to your husband, which would be big motivation for just remaining in Canada.

At this point, you are not really allowed to just assume you will get PR. I have heard a story where are U.S. citizen wife drove up to the Canadian border with a moving van full of stuff and was banned from visiting Canada for two years. They don't like that at all.

 

[BeShoo]

At this time, you are still a visitor to Canada and must meet the same qualifications that a tourist would, seen here: http://www.cic.gc.ca/english/visit/apply-who.asp

 

[mapleleaf2014]

At this time, you are still a visitor to Canada and must meet the same qualifications that a tourist would, seen here: http://www.cic.gc.ca/english/visit/apply-who.asp

Thanks. I have sent pr application and hopefully timed to come through before the six months is up. I have return ticket and letter saying I have a permanent residence in the uk and bank statements showing funds in uk. I'm a full time mum so don't have a job but can work self employed in the uk part time I have tax assessment showing self employment status in the uk. I think that covers everything they might want to see.

I've changed the shipment into my husbands name which I think was the main error I made. There are some books and summer clothes belonging to me in it. But as they can't see the shipment and they are just relying on what is declared on the form how could that be an issue? Unless are you saying if they open the shipment when it arrives?

I think u get form E24 at the border too.

Is it worth also giving a US address as I have family with a residence there too?

 

[BeShoo]

The paperwork that you mentioned sounds good to me. It will probably be useful to have a copy of your fee receipt for the $550 applications fees with you when you get to customs and immigration in Canada.

There's probably about a 50/50 chance of your application being completed in 6 months. They are currently taking up to 11 months to finish 80% of applications in the London office after sponsorship has been approved. You can always apply to extend your stay if you still haven't heard anything after about 5 months. It costs $75 and they like you to apply one month before your 6 months runs out, but they will accept the application up to the last day of your stay. If you don't get an answer back before your time runs out you are under "implied status" and allowed to remain until you hear the answer. Applications for extension are currently taking up to 60-75 days, so a month isn't really enough anyway.

They may open the shipment to inspect it, but I'm not sure that they open every one. The probably spot check a certain percentage of shipments.

I'm not sure that it's useful for you to give a US address. I have a feeling that it might just confuse things.

 

[mapleleaf2014]

OK thanks for your help.
Thanks everyone.