Apply "In-Canada" or "Out-of-Canada"?

[CanUs]

I am a US Citizen married to Canadian Citizen. I am in BC (lower-mainland) right now "visiting" and I have my residence in Northern Washington. Should I apply for my PR as "In Canada" or "Outside of Canada"?

I want to be in BC without any hassles, but able to go across the border too. I have a part-time job in US border town, but spend most my time in BC. What's the best way to have fewer hassles at the border.

Like to know your thoughts, appreciate it thanks.

 

[mitamata]

Personally, I would say apply outland.
Because:
a) it will likely take less time and
b) if something goes wrong and you can't make it back into Canada, you will not lose your outland application.

 

[CanUs]

Thanks so much (mitamata) for your input- a couple more questions for you, if you have a minute-

If I apply out-land, can I continue staying with my husband in BC? should I apply for an official "visitor visa" for the time my app is in process? Or can I just come on "visits"?

Also, what do you mean by "not losing my outland application" - vs losing it InsideCanada?

thanks

 

[Suin]

if you apply in-land, it might take about 2 years to have your application approved. all this time it's recommended to stay in Canada and also you will receive a work permit to work in Canada.

 

[Suin]

If I apply out-land, can I continue staying with my husband in BC? should I apply for an official "visitor visa" for the time my app is in process? Or can I just come on "visits"?

thanks

being a US citizen you don't need visitor's visa to Canada. you can freely travel back and forward the border

 

[PMM]

Hi

If I apply out-land, can I continue staying with my husband in BC? should I apply for an official "visitor visa" for the time my app is in process? Or can I just come on "visits"?

thanks

being a US citizen you don't need visitor's visa to Canada. you can freely travel back and forward the border

Not true, a US citizen has to meet all the same criteria as a visitor to enter Canada as any other visa exempt visitor.

PMM

 

[CanUs]

Thanks to all participating in this post-

So to clarify - if I apply outland, can I get a "visitor visa" in that time to be staying here in BC?
During my "visit" can I still crossing the border maybe 2-3 times a week to go to my part-time job in the States?

OR should I apply "inside" and would I be able to "visit" the US for my P/T job?

 

[mitamata]

It's a tricky situation and nobody can guarantee that whatever way you apply you won't have trouble crossing the border. A lot depends on the IOs at the border. It's at their discretion to decide whether or not you are just visiting Canada or if you're doing something you shouldn't be. With most IOs, you will probably have no issues and will cross the border just fine no matter how you apply. But all it takes is one who will decide you're (for example) trying to work in Canada illegally and refuse you entry - they can do that no matter how you applied, I would guess it's even more likely to happen if you apply inland as that means you're living in Canada. After that, you're flagged and will always be given a closer look.

Whatever you decide, I would suggest always having proof of your PR application and proof of your job in the US at hand when crossing the border. That will *probably* insure you make it in and out of Canada ok. But again, no guarantees and in case the worst happens, it's better to have the app processed outland because that way you will not lose it.

 

[CanUs]

thanks - very good info

one more thing- what do mean when you refer to "losing the app"?

 

[AllisonVSC]

I'd add to Mitamata's suggestions to carry proof that you maintain a residence in the US. I had trouble crossing the border in June (it was the first time an IO questioned me and the first time I'd crossed in my own vehicle). I was carrying both proof of residence and proof of a job in the US but was so completely befuddled I couldn't produce it. Since I had evidence of intending to immigrate (parts of my application were in my car) I was refused entry and told I could try again with the US proof in hand. Went back the next day, and was waved through without having to go to immigration. My partner and I flew to Europe a few weeks later and I was flagged upon re-entry to Canada and because we still had not submitted our application I was given a leave-by date.

I had to apply for an extension of my temporary residence visa in addition to our PR application in order to stay in Canada legally after the leave by date. The temporary extension gave me "Implied status" until a decision could be made on either application. I was approved for PR and have never heard anything about my temp resident application. All in all, it was a total mess and I did not even attempt to cross to the US until it was settled. Fortunately, I'm headed to Buffalo on Thursday with my passport to get my COPR.


Long story short...keep your residence and your job and proof of both in your car. Be honest with IO about your application for PR if asked. And if you are denied entry, wait a little while and try again. You're not doing anything illegal.

 

[CanUs]

Thanks for sharing your experience- good info.
SO you- AllisonVSC- had a temporary Resident Visa (for Canada)? If, so- Would I need to get one of those?




Does one have to physically go to Buffalo w/ Passport once approved?

Or is there a period where my original passport has to be sent in? if so how long is one without a passport?

thanks

 

[mitamata]

thanks - very good info

one more thing- what do mean when you refer to "losing the app"?

In order to qualify as a member of the family class in Canada, you have to be "in Canada". If you can't get into Canada, then you're not a member of the family class in Canada and thus can't be given PR as such. And, more practically speaking, in order to become a PR, you have to attend a landing interview at the local CIC office. Which is in Canada. If you can't get into Canada, you can't attend the landing interview and you can't become a PR. Which is why it's recommended that an inland applicant shouldn't leave Canada during processing - if you can't make it back, the application is forfeit.

No, you wouldn't have to go to Buffalo, you can just mail them the passport and they will mail it back to you - you can mail it from the US or Canada, they'll return it to either country. You'd have about a month or two to send it in. Buffalo's pretty good with issuing visas quickly, the passport usually returns within 3 or 4 weeks.

 

[CanUs]

thank you. I understand much more now.

One more Question:
While my Passport is sent to Buffalo- (3-4 weeks) Is there other identification/paperwork I can use to cross the border into Canada and back to the US or during that time I have to stay in the States?

thanks so much!

 

[mitamata]

A US citizen needs either a passport or a Nexus card to cross the US/Canada border.

I don't really know about the details of getting a Nexus card, so here: http://www.cbsa-asfc.gc.ca/prog/nexus/menu-eng.html
All the info will hopefully be there. If you have a Nexus card, then you won't need a passport to cross the border.

 

[CanUs]

Anybody's thoughts on Nexus cards?

Worth it? - since I would be crossing a couple times a week

or is it a red-flag? (like they can trace the amount of time I'm staying in Canada vs. the US)


thanks to all =)