Border Entry Refusal

[phillip2014]

Thank you to so many people for your kindness and support that I have seen in this thread. I would appreciate any help that you might be able to give.

I am Canadian and my wife is American. We have one 5 year old child, born in US. I've been a PR in the US for more than 10 years. I have a job offer in Nova Scotia (I will accept or not accept this week). If I take the offer, then I'll need to leave my job and housing situation by the end of June.

I've figured out from reading forum posts that applying outland is the way to go. However, my question is this: if I show up at the Canadian boarder with a U-Haul, my child and wife telling the boarder patrol that we're moving to Canada - is my wife going to be refused entry?

Thank you,
phillip

 

[Alurra71]

She very well could be, yes. Your best bet, is to drive the Uhaul by yourself across the border and have your wife/child follow in a separate car. She can then explain that she is coming to 'visit' you. If they think she is moving before allowed, they can and likely will refuse her entry.

 

[phillip2014]

Thank you, very much! Given that, I plan on having them enter a few days ahead of me - "visiting the in-laws", and then I will follow with the u-haul. All three safely in the country we are then free to apply outland/inland - am I correct? Of which outland seems to be the faster route?

-phillip

 

[rhcohen2014]

yes, definitely apply outland, even if the applicant is in canada as a visitor. as long as your wife is able to convince the border agents she has ties to the us, and plans to return, they should be ok.

 

[Mrs.Purcy]

She might get denied. They will want to know how she is going to support herself if she is not yet a resident. They will want to know if she is possibly going to work here illegally, etc. Think this through. Make sure she proves she has intention to go back to the U.S.

 

[Alurra71]

As long as she arrives before or after she should have no issues entering for a visit. Make it simple and tell them the is taking the child to visit his/her grandparents. You should notarize a letter saying she can cross the border with the child to keep any problems minimal. She should only have enough with her in the car to make it appear she will only stay for a short time. Tell her if they ask after you and why you aren't going for a visit to tell them you are at work and will follow in a few days. She should be just fine.

 

[Awesomeg]

Thank you to so many people for your kindness and support that I have seen in this thread. I would appreciate any help that you might be able to give.

I am Canadian and my wife is American. We have one 5 year old child, born in US. I've been a PR in the US for more than 10 years. I have a job offer in Nova Scotia (I will accept or not accept this week). If I take the offer, then I'll need to leave my job and housing situation by the end of June.

I've figured out from reading forum posts that applying outland is the way to go. However, my question is this: if I show up at the Canadian boarder with a U-Haul, my child and wife telling the boarder patrol that we're moving to Canada - is my wife going to be refused entry?

Thank you,
phillip

NO, they are not going to refuse your wife and kid. Americans do not need visa to enter.

 

[Awesomeg]

Thank you, very much! Given that, I plan on having them enter a few days ahead of me - "visiting the in-laws", and then I will follow with the u-haul. All three safely in the country we are then free to apply outland/inland - am I correct? Of which outland seems to be the faster route?

-phillip

You can apply outland as it is faster,
but if the intention is to have your wife in Canada would be advisable to apply inland...she can apply for a working permit and renew it... but you can begin just as a short visit... and then decide what you will be doing

 

[JRPW]

NO, they are not going to refuse your wife and kid. Americans do not need visa to enter.

His wife is visa-exempt. However, that doesn't guarantee that she will be allowed to enter Canada to wait while her PR is being processed.

 

[Hasan9999]

You can apply outland as it is faster,
but if the intention is to have your wife in Canada would be advisable to apply inland...she can apply for a working permit and renew it... but you can begin just as a short visit... and then decide what you will be doing

Is it possible to apply out-land while staying the entire processing time in Canada? Can his wife get a work permit in that case?

 

[rhcohen2014]

You can apply outland as it is faster,
but if the intention is to have your wife in Canada would be advisable to apply inland...she can apply for a working permit and renew it... but you can begin just as a short visit... and then decide what you will be doing

no, it is NOT advisable for an american applicant to apply inland. With an inland application, she will not be eligible to obtain a work permit until AFTER stage 1 approval which is currently about 8 months. This is the same amount of time, or close enough to it, that she can land as a pr as an outland applicant. Applying inland just to be able to work legally in canada makes no sense for a visa-exempt applicant.

The applicant can enter Canada as a visitor, and apply to extend the visit for the entire application process. If the applicant chooses to do this they must be be prepared to not being able to work legally in canada until they are approved. If the visitor has a remote job for a NON- Canadian company, they can earn money by doing that while in canada.

The question is how to get the US citizen in with no problem. This includes major proof of ties to the us and intentions to apply for PR.

 

[scylla]

NO, they are not going to refuse your wife and kid. Americans do not need visa to enter.

This information is incorrect. It's entirely possible to be refused in this scenario and we've seen this happen to people on this forum. Being American doesn't give you the right to enter Canada as a visitor - visiting is still a priviledge and whether you're allowed in is up to the immigration officer at the border.

 

[scylla]

no, it is NOT advisable for an american applicant to apply inland. With an inland application, she will not be eligible to obtain a work permit until AFTER stage 1 approval which is currently about 8 months. This is the same amount of time, or close enough to it, that she can land as a pr as an outland applicant. Applying inland just to be able to work legally in canada makes no sense for a visa-exempt applicant.

Agreed. Don't apply inland - definitely apply outland.

 

[Alurra71]

This information is incorrect. It's entirely possible to be refused in this scenario and we've seen this happen to people on this forum. Being American doesn't give you the right to enter Canada as a visitor - visiting is still a priviledge and whether you're allowed in is up to the immigration officer at the border.

That is absolutely true. That is why I told him in my first response to have her come across with the child in a separate vehicle at a different point in time. This SHOULD help to mitigate her being turned away at the border. If they believe she is only coming for a visit she need not say ANYTHING about applying for PR either Inland or Outland. All she need to tell them is she is coming to visit with her inlaws for a few weeks, bringing the child to visit his grandparents for a few weeks, whatever. She doesn't have to say anything about moving or her spouse being Canadian or anything to that effect at all. As long as she has a notarized 'note' from dad saying it is ok that she travel cross border with the child there won't be a hangup there either. It is not always required, but my daughter sometimes has been turned around for not having the note with her when she brings my grandson over from the states.

I think so long as they keep themselves separate, and wife/child do not go riding into the border in the uhaul with OP they will get by just fine.

 

[rhcohen2014]

for a good example of another family who has had recent success with this, read this thread:

http://www.canadavisa.com/canada-immigration-discussion-board/help-i-think-im-screwed-t202919.30.html