An American's Confusion About Entry Into Canada

[KendraJ]

Hi there! I'm an American citizen (NYC) in a long distance relationship with a Canadian (outside London, ON) for just under a year. I'm interested in moving in with him on a six month visit pass (possibly 2 passes over time {1 year}) before exploring more permanent means of residency, marriage, etc. I have no particual skills that could get me in on a work visa, nor the funds for a student visa. I am strongly entertaining the idea of looking for work in Port Huron, MI, since it is about an hour commute to and from the city from his residence.

Now, my questions are as follows:
A) what kind of approval do I need to live in Canada for 6 months, and will this allow me to make the commute over the border easily 5 days a week for work? What are the requirements/do's/don'ts'? (letter of invitation/financial coverage since I only have about $2k USD to show in the bank? Is my immediate family in the US enough to show "ties" back home? Etc.)
B) when that six month period is over, can I repeat the process easily for another six months?
C) do I even NEED approval for extended stays if I'm passing the border on a daily bases back and forth from work?

I've done tons of research but it's always very hard to find specific answers to my situation. Any and all help/advice for this situation would be incredibly appreciated. Thank you very much!

 

[scylla]

Unfortunately I don't think what you're planning will work.

You cannot "live" in Canada without having a work permit, study permit or permanent residency. The most you can do right now is visit - and being allowed to visit is treated as a privilege and not a right. As a visitor, you're not going to be able to easily commute over the boarder 5 days a week for work. You might have some luck at first. But the chances are extremely high that sooner or later you're going to run into problems re-entering Canada ("problems" = not allowed back into Canada). The reason why is because if you're commuting back and forth each day you're no longer acting as someone who is visiting Canada as a tourist - you're acting like someone who is living in Canada (which you're not allowed to do).

Every single time you cross the border into Canada the decision about whether to let you into Canada or not is 100% in the hands of the immigration official you encounter. They make this assessment based on whether they think your intentions are those of a visitor/tourist and whether you are behaving as one. Someone who is crossing back and forth 5 days a week will sooner or later be viewed as abusing the visitor/tourist system. And yes - Americans are refused entry to Canada. Sometimes they are even banned for a year.

Sorry for the bad news - I'm sure this is not what you wanted to hear.

If you want to spend six months in Canada "living" with your Canadian, then your most realistic option is probably to come as a true tourist for six months. During those six months you won't be able to work, attend school and won't be covered by the health care policy. So it's a pretty big sacrifice.

You could also try to get a job in Canada. This is much easier said than done unless you currently work for a company with offices in Canada that might be willing to transfer you here.

Another alternative is to return to school full time and go to school in Canada. This is an expensive option since foreign students pay much higher tuition than domestic student. But it's an option all the same.

Hope this helps. Good luck.

 

[scylla]

Sorry - just realized you've already said that you don't think the work visa or student visa will work out for you.

Then it definitely sounds like your best option is to come as a visitor for six months (but without any plans to commute daily to the US for work). Don't know how realistic it is for you to not work for six months. But unfortunately that's likely the choice your facing if you want to try living (as a tourist) with your significant other.

Many here on this forum have faced similar choices. So don't hesitate to ask if you have any questions.

 

[KendraJ]

Hi scylla, thank you very much for your reply.

Yes, I am currently a fulltime student here in NY (between semesters), and have looked into the possibility of transferring locally, and as you stated, yes it is VERY expensive and completely out of my means. Nor do I honestly possess any type of work skills that would convince a Canadian employer to go through the hassle of employing me when there are likely plenty of out of work Canadians who can apply. So unfortunately the likelihood of those two options slim to none.

My dilemma is that I cannot live out there without some type of income for myself for that long of a period. And my boyfriend finances alone will not be able to support us for such a length of time as well. I would never want to risk working "off the books" for fear of extended or permanent banishment from the country.

Perhaps I'm only reaching at straws, but if I received the approval for the 6 months stay as a visitor in advance, or even gave them the informational heads-up that I was going to be searching for work on the other side of the border, you don't believe that there's any way they'd allow the commute to and from if the access to stay in Canada for six months were already granted?

I hope that I'm not being redundant, and once again thank you.

 

[scylla]

Sorry if I wasn't being clear.

When you first enter Canada you will likely be granted a six months stay (as a tourist). As soon as you leave Canada (whatever the reason), this stay is over and the six months you were given is gone. In other words, the first time you leave to work or visit in the US and then try to re-enter, you will have to qualify to visit Canada all over again (the six months you were originally allowed in will NOT carry over to your next entry). Every single entry will be treated as a new entry and every single time you must convince Canadian immigration that you are only coming to Canada as a tourist. And every single time Canadian immigration will decide if you are allowed in and for how long.

It won't take immigration too long to figure out that you are crossing back and forth every week day. And then I don't believe it will take very long for an immigration official to ask you why you are doing this and tell you that you can't keep doing this.

Does my explanation make more sense now?

 

[KendraJ]

Scylla, yes it does, thank you.
I didn't realize the six month granted visitor status would essentially be revoked with each border crossing to and from. Thank very much for the clarification and advice.

 

[blueangel371115]

Scylla, yes it does, thank you.
I didn't realize the six month granted visitor status would essentially be revoked with each border crossing to and from. Thank very much for the clarification and advice.

From what I understand ( as I am in a similar boat), the six month visit length isn't 'revoked' it just starts over. When you leave Canada through whatever port of entry and then return into Canada later ( whatever amount of time later) you now have another six months. However, if you are crossing daily it may raise red flags. I go back and forth every few weeks to a month after a week or two at home, and it's starting to raise questions ( I'm fairly certain) but I'm staying six month and extending ( hopefully) soon ;D. I hope this helps and anyone can correct me if I'm wrong here. But in my experience this seems to occur.