Border town & Working in US while waiting for PR

[shernluc]

My husband (US) and I (Cad) live in a border town, and he is about to apply for his PR. He works on the US side of the border and has been staying with me on a visitor visa, and we plan on renewing that when we apply for the PR, and also applying for an open work permit.

Our question is: Can he continue working on the US side until his Open work permit is approved, or will it damage his application? We haven’t been able to find anything that says either way.

We really can’t afford to go 1-4 months without him working.

 

[steaky]

My husband (US) and I (Cad) live in a border town, and he is about to apply for his PR. He works on the US side of the border and has been staying with me on a visitor visa, and we plan on renewing that when we apply for the PR, and also applying for an open work permit.

Our question is: Can he continue working on the US side until his Open work permit is approved, or will it damage his application? We haven’t been able to find anything that says either way.

We really can’t afford to go 1-4 months without him working.

He couldn't find work under CUSMA?

 

[canuck78]

My husband (US) and I (Cad) live in a border town, and he is about to apply for his PR. He works on the US side of the border and has been staying with me on a visitor visa, and we plan on renewing that when we apply for the PR, and also applying for an open work permit.

Our question is: Can he continue working on the US side until his Open work permit is approved, or will it damage his application? We haven’t been able to find anything that says either way.

We really can’t afford to go 1-4 months without him working.

Does he have a home in the US? Does he want to cross the border 5 days a week?

 

[shernluc]

Right now he crosses daily. It’s really normal to do this in a border town. We just didn’t know if it would affect his PR application somehow if he kept doing that

 

[shernluc]

He couldn't find work under CUSMA?

We don’t even know what that is… we have been so overwhelmed by all of this.

 

[scylla]

Right now he crosses daily. It’s really normal to do this in a border town. We just didn’t know if it would affect his PR application somehow if he kept doing that

How is he applying for PR?

 

[shernluc]

How is he applying for PR?

Spousal sponsorship.

 

[scylla]

Spousal sponsorship.

So then technically nothing stopping him from trying to continue to do what he has been doing. However be aware that it's possible CBSA may at some point have an issue with the daily crossings since that's not really visitor behaviour. If that happens, then he would want to stop the daily travels and remain in Canada.

 

[steaky]

We don’t even know what that is… we have been so overwhelmed by all of this.

@forevermore76 : Can you give some light on CUSMA?

 

[canuck78]

My husband (US) and I (Cad) live in a border town, and he is about to apply for his PR. He works on the US side of the border and has been staying with me on a visitor visa, and we plan on renewing that when we apply for the PR, and also applying for an open work permit.

Our question is: Can he continue working on the US side until his Open work permit is approved, or will it damage his application? We haven’t been able to find anything that says either way.

We really can’t afford to go 1-4 months without him working.

As already pointed out both US or Canada border agencies may start asking questions about your husband apparently living in Canada as a visitor. It is fine if both people have permanent status or at least homes in both countries but gets more complicated if one is a visitor trying to live in the other country.

 

[Ponga]

My husband (US) and I (Cad) live in a border town, and he is about to apply for his PR. He works on the US side of the border and has been staying with me on a visitor visa, and we plan on renewing that when we apply for the PR, and also applying for an open work permit.

Our question is: Can he continue working on the US side until his Open work permit is approved, or will it damage his application? We haven’t been able to find anything that says either way.

We really can’t afford to go 1-4 months without him working.

IMHO, the Outland application is the better option, since he's rolling the dice whenever he seeks entry into Canada. At least with an Outland application, if he is refused entry into Canada, the application would still continue to be processed.


It's worth mentioning that with the tense situation between the U.S. and Canada...a U.S. citizen may not always be `waived through' by CBSA, even with prior travel history to Canada.

Because a foreign national does NOT have the same rights to enter Canada, all it takes is a CBSA officer that's `unhappy' about the situation, leading to questioning, to deny the person for any number of [valid] reasons, such as living in Canada as a visitor.

 

[Copingwithlife]

Right now he crosses daily. It’s really normal to do this in a border town. We just didn’t know if it would affect his PR application somehow if he kept doing that

It maybe normal . Sometimes people will have authorization to do that
TN, H1-B, GC but living in Canada
All having authorization to live in Canada
The spouse doesn’t

As mentioned it just takes one officer to stop them . Basically
they are living in Canada..let’s cut to the chase on that. They are LIVING here
As mentioned with the tension between the two countries
Do you think a Canadian would get away with this going over to the USA each day ?

No they wouldn’t

 

[Ponga]

It maybe normal . Sometimes people will have authorization to do that
TN, H1-B, GC but living in Canada
All having authorization to live in Canada
The spouse doesn’t

As mentioned it just takes one officer to stop them . Basically
they are living in Canada..let’s cut to the chase on that. They are LIVING here
As mentioned with the tension between the two countries
Do you think a Canadian would get away with this going over to the USA each day ?

No they wouldn’t

Not to mention that the spouse could be issued an Exclusion Order, making life substantially more challenging!

 

[forevermore76]

He couldn't find work under CUSMA?

OP doesn't sound like they are interested in finding employment in Canada.

 

[abff08f4813c]

OP doesn't sound like they are interested in finding employment in Canada.

Even if OP was, not sure that CUSMA would be the best option... wouldn't it be better to enter Canada as a visitor and then apply for an OWP while waiting on PR?