Arriving in Canada Question

[elledub]

Hello,

I am moving back to Canada (I am a Canadian citizen) and will start the inland family class sponsorship for my fiance upon arrival. He is from the US and therefore doesn't need a visa to stay for six months and I have enough money save to support both of us. He is going to apply for an open work visa at the same time that we submit our sponsorship paperwork. My question regards the border crossing (we will be driving in my car) - one of the things that I've read is that you must state ties to the US that will bring you back once your visa is done. He has family in the US but doesn't own property, so I am wondering if there is a major cause for worry with crossing the border. I'm not worried about anything wrong with his passport in general - we have made day trips across the border. Should I say that we are going to apply for sponsorship once we get there?

 

[scylla]

Hello,

I am moving back to Canada (I am a Canadian citizen) and will start the inland family class sponsorship for my fiance upon arrival. He is from the US and therefore doesn't need a visa to stay for six months and I have enough money save to support both of us. He is going to apply for an open work visa at the same time that we submit our sponsorship paperwork. My question regards the border crossing (we will be driving in my car) - one of the things that I've read is that you must state ties to the US that will bring you back once your visa is done. He has family in the US but doesn't own property, so I am wondering if there is a major cause for worry with crossing the border. I'm not worried about anything wrong with his passport in general - we have made day trips across the border. Should I say that we are going to apply for sponsorship once we get there?

If the car is going to be back with personal belognings (i.e. make it clear you're moving), then very strongly recommend that you drive it across the border alone while your fiance travels separately.

 

[elledub]

If the car is going to be back with personal belognings (i.e. make it clear you're moving), then very strongly recommend that you drive it across the border alone while your fiance travels separately.

We were planning on having a return flight for him booked for 6 months after we cross - do you think that this would be enough? I would really prefer to have him drive with me

 

[canuck78]

Just confirming that you know you must get married before applying for a work permit. This will take some time because you’ll also need to receive the marriage certificate before applying.

 

[elledub]

Just confirming that you know you must get married before applying for a work permit. This will take some time because you’ll also need to receive the marriage certificate before applying.

Really? I have been doing the family sponsorship paperwork with him as a common law partner and haven't seen anything that specifies that we need a marriage certificate in order for him to do the open work permit application.

 

[canuck78]

Really? I have been doing the family sponsorship paperwork with him as a common law partner and haven't seen anything that specifies that we need a marriage certificate in order for him to do the open work permit application.

If you are common law and have lived together for 1 continuous year that is fine as well. You mentioned fiancé so incorrectly assumed you were getting married soon and weren’t common law.

 

[elledub]

If you are common law and have lived together for 1 continuous year that is fine as well. You mentioned fiancé so incorrectly assumed you were getting married soon and weren’t common law.

Oh, thank god - I was so worried that I had missed something. Yes, we have been living together for two continuous years, just won't be married until the spring.

 

[scylla]

We were planning on having a return flight for him booked for 6 months after we cross - do you think that this would be enough? I would really prefer to have him drive with me

My original advice stands - he should travel separately. However it's ultimately up to you.

IMO the flight ticket is useless. If his stuff is all in the car and he effectively no longer has ties to the US (i.e. no property, no job) - it's going to be pretty clear he's moving to Canada and has no plans to return. CBSA officers aren't stupid.

Of course you may have no issues at the border even if he travels with you. However you'll increase your risk of issues if he's in the car. So guess it depends on how risk adverse you are. Ultimately your call.

 

[elledub]

My original advice stands - he should travel separately. However it's ultimately up to you.

IMO the flight ticket is useless. If his stuff is all in the car and he effectively no longer has ties to the US (i.e. no property, no job) - it's going to be pretty clear he's moving to Canada and has no plans to return. CBSA officers aren't stupid.

Of course you may have no issues at the border even if he travels with you. However you'll increase your risk of issues if he's in the car. So guess it depends on how risk adverse you are. Ultimately your call.

Very good points. I think we will have him fly separately - thanks so much for the thoughtful responses.