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Can i live in canada as us citizen before paperwork is filed/while it is processed?

Robinnicole

Newbie
Jun 6, 2019
5
0
My husband is going to sponsor me to live in vancouver. We talked to an immigration office but only informally as we don't have the money for legal advice. We could save if we need it but I thought I'd ask here first.

I'm a us citisen, and online and the lady we spoke to informally said i could just move to Canada as a visitor for 6 months. Us citizens don't seem to need visas, i even tried to look up gettint a tourist visa. Then once we file the paperwork, I am allowed to stay in canada while it is processed. Is this true? I am scared if I move to Canad they will call me an illegal immigrant and i wont be allowed to live there eve.

Also, on the spousal sponsorship application it wants proof we have livd together for a certain amount of time. Seeing as we met while on different sides of the border, how can i accomplish this without moving to canada? So is it legal?

I am also worried border guards giving me grief because id have to cross for work everyday.
 

Jnicole45

Hero Member
Jul 28, 2019
307
98
Vancouver, BC
Category........
FAM
App. Filed.......
16-05-2019
AOR Received.
24-07-2019
If you intend to still work in the States while your application processes, I'd honestly think it would be better to stay in the US while your application processes. I know being apart sucks, but if you're crossing back and forth constantly, CBSA is going to realize something is up and send you into the office to ask you a bunch of questions. The more you cross, the more likely you are to get a border agent that is going to be a stickler for the rules and get cranky that you're actually living in Canada as a visitor (which is technically a no-no). I don't exactly know if they'd do anything about it (like deny you entry) since you arent working illegally in Canada, but that many trips back and forth will certainly send up red flags. Every time you reenter Canada it's assessed as a new entry, so technically your 6 month stay starts over, but that's not always how they enforce it. I was told multiple times by CBSA as I crossed back into Canada (similar situation, American living with Canadian spouse in Vancouver, except I cross to visit family sporadically, not every day) that it's 6 months out of a calendar year, and told I should get a visitor record (allowing me to stay longer than the 6 months). Again, that's not the letter of the law, but it seems to be how they choose to enforce it.

If you apply under the In-Canada class (inland) and apply for an open work permit, you're covered by implied status, meaning you can stay in Canada beyond that initial 6 months should that time run out until a decision is made on the work permit, but the sponsorship/PR application itself does not mean you can stay in Canada. You have to maintain legal status in Canada as either a visitor, student, or worker for the duration of processing of an inland application, otherwise they can cancel it and you'll have to reapply. If you're going back and forth daily, that's more chances for them to deny you entry at the border, thus voiding your inland application. It doesnt happen often as far as I know, but it's something to be aware of. You can apply under the outside of Canada class (outland), you wont be able to apply for a work permit, but you also don't have to maintain status in Canada for it to be processed, so on the off chance you get turned around at the border trying to reenter Canada, your application won't be cancelled. Also, at least for US citizens, outland applications seem to be processing faster than inland ones as of right now. I can't tell you which to choose, there are pros and cons for both sides

It's not legal for you to fully move to Canada yet. If you were to show up at the border claiming to be moving in with your husband, with all your earthly possessions in the back of your car, without a Confirmation of Permanent Residence (what you get when your PR is approved), they will likely turn you right back around. It's perfectly okay for you to state that you're coming to stay with your husband for 6 months and apply for PR while you're there, as long as you look like a legitimate visitor. Again, I don't know how the transiting back and forth for work would change any of that, hopefully someone can give you better insight. I would guess that most of us who have come for a long term visit while waiting for PR have left previous jobs (my husband is my sole support right now while I wait).

As far as your application itself, there's only a cohabitation time requirement for common-law applicants. If you arent living together when you apply (if you choose to stay in the US) there's a separate list of proof of your relationship you'll need to provide (I think it has to do with proof that you've visited, chat/text message transcripts, etc.) If you do choose to live with him as a visitor in Canada, you need to prove that, but you don't have to show that you've lived there for a certain amount of time. For spouses, they are trying to assess the legitimacy of your relationship, and they know it's possible to have a legitimate marriage (as in you're not just in it to love to Canada) without living together.

I hope that covers most of your concerns. I'm not a lawyer or an immigration consultant, I've just done a ton of research and been on this forum a while (and I'm going through this process myself) so I'm just passing along the information I've found, feel free to take it with a grain of salt. I'm sure I've probably gotten something a bit wrong and someone will correct me
 
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Robinnicole

Newbie
Jun 6, 2019
5
0
If you intend to still work in the States while your application processes, I'd honestly think it would be better to stay in the US while your application processes. I know being apart sucks, but if you're crossing back and forth constantly, CBSA is going to realize something is up and send you into the office to ask you a bunch of questions. The more you cross, the more likely you are to get a border agent that is going to be a stickler for the rules and get cranky that you're actually living in Canada as a visitor (which is technically a no-no). I don't exactly know if they'd do anything about it (like deny you entry) since you arent working illegally in Canada, but that many trips back and forth will certainly send up red flags. Every time you reenter Canada it's assessed as a new entry, so technically your 6 month stay starts over, but that's not always how they enforce it. I was told multiple times by CBSA as I crossed back into Canada (similar situation, American living with Canadian spouse in Vancouver, except I cross to visit family sporadically, not every day) that it's 6 months out of a calendar year, and told I should get a visitor record (allowing me to stay longer than the 6 months). Again, that's not the letter of the law, but it seems to be how they choose to enforce it.

If you apply under the In-Canada class (inland) and apply for an open work permit, you're covered by implied status, meaning you can stay in Canada beyond that initial 6 months should that time run out until a decision is made on the work permit, but the sponsorship/PR application itself does not mean you can stay in Canada. You have to maintain legal status in Canada as either a visitor, student, or worker for the duration of processing of an inland application, otherwise they can cancel it and you'll have to reapply. If you're going back and forth daily, that's more chances for them to deny you entry at the border, thus voiding your inland application. It doesnt happen often as far as I know, but it's something to be aware of. You can apply under the outside of Canada class (outland), you wont be able to apply for a work permit, but you also don't have to maintain status in Canada for it to be processed, so on the off chance you get turned around at the border trying to reenter Canada, your application won't be cancelled. Also, at least for US citizens, outland applications seem to be processing faster than inland ones as of right now. I can't tell you which to choose, there are pros and cons for both sides

It's not legal for you to fully move to Canada yet. If you were to show up at the border claiming to be moving in with your husband, with all your earthly possessions in the back of your car, without a Confirmation of Permanent Residence (what you get when your PR is approved), they will likely turn you right back around. It's perfectly okay for you to state that you're coming to stay with your husband for 6 months and apply for PR while you're there, as long as you look like a legitimate visitor. Again, I don't know how the transiting back and forth for work would change any of that, hopefully someone can give you better insight. I would guess that most of us who have come for a long term visit while waiting for PR have left previous jobs (my husband is my sole support right now while I wait).

As far as your application itself, there's only a cohabitation time requirement for common-law applicants. If you arent living together when you apply (if you choose to stay in the US) there's a separate list of proof of your relationship you'll need to provide (I think it has to do with proof that you've visited, chat/text message transcripts, etc.) If you do choose to live with him as a visitor in Canada, you need to prove that, but you don't have to show that you've lived there for a certain amount of time. For spouses, they are trying to assess the legitimacy of your relationship, and they know it's possible to have a legitimate marriage (as in you're not just in it to love to Canada) without living together.

I hope that covers most of your concerns. I'm not a lawyer or an immigration consultant, I've just done a ton of research and been on this forum a while (and I'm going through this process myself) so I'm just passing along the information I've found, feel free to take it with a grain of salt. I'm sure I've probably gotten something a bit wrong and someone will correct me
Thank you so much for your reply, it was exactly the help we needed and could prevent us from making some very stupid mistakes. Now we know how to plan our next steps! Much appreciated.
 

Hurlabrick

Champion Member
Sep 4, 2016
2,358
575
Ottawa, ON
Visa Office......
London
App. Filed.......
23-06-2016
AOR Received.
12-07-2016
File Transfer...
23-08-2016
Med's Done....
08-06-2016
Passport Req..
21-12-2016
VISA ISSUED...
24-12-2016
LANDED..........
11-04-2017
Agree with jnicole. You are married, so tge 12 months living together does not apply. I suggest you woild be best to apply outland with you living and working in the usa until approved. Csnadian / US outland spoussl sponsorship often takes 6 months or so, much less thsn the official quoted 12 months.
 
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Jnicole45

Hero Member
Jul 28, 2019
307
98
Vancouver, BC
Category........
FAM
App. Filed.......
16-05-2019
AOR Received.
24-07-2019
Agree with jnicole. You are married, so tge 12 months living together does not apply. I suggest you woild be best to apply outland with you living and working in the usa until approved. Csnadian / US outland spoussl sponsorship often takes 6 months or so, much less thsn the official quoted 12 months.
Honestly, at this point I feel like that's what I should have done. My application at this point has been a comedy of errors (forgot to include my birth certificate so our app was returned, resubmitted to the wrong office so our inland app became an outland app so no OWP for me, received notice we were issued a new application number which typically means someone at immigration screwed up our application and they had to reenter it under a new number) and I've been living with my spouse in Canada, unemployed since Christmas, which has been a struggle for us because Vancouver is so damn expensive.

If you keep working and living in the States and apply outland, you totally can still visit. I think they'll look at your crossings a little more favorably if you're coming up every weekend to visit your husband, instead of crossing back and forth almost daily, especially because you having a job gives you ties to tour home country and almost totally assures CBSA that you'll leave the country and not stay illegally.

Just my two cents
 

Robinnicole

Newbie
Jun 6, 2019
5
0
I also had a couple questions about the application itself. On the application it asks how many times I've visited my spouse and the dates in Canada. Well, I visit every weekend, so there's no way I would know the dates or be able to list them all. I called the border people and they said to just write "visit every weekend" or weekly. Do you think I can actually get away with that?

Also, it says on the checklist if an item does not apply to you write n/a next to it. Should we also check it? Haha does it nt matter that much?
 

Hurlabrick

Champion Member
Sep 4, 2016
2,358
575
Ottawa, ON
Visa Office......
London
App. Filed.......
23-06-2016
AOR Received.
12-07-2016
File Transfer...
23-08-2016
Med's Done....
08-06-2016
Passport Req..
21-12-2016
VISA ISSUED...
24-12-2016
LANDED..........
11-04-2017
I also had a couple questions about the application itself. On the application it asks how many times I've visited my spouse and the dates in Canada. Well, I visit every weekend, so there's no way I would know the dates or be able to list them all. I called the border people and they said to just write "visit every weekend" or weekly. Do you think I can actually get away with that?
I would go with every weekend

Also, it says on the checklist if an item does not apply to you write n/a next to it. Should we also check it? Haha does it nt matter that much?
It does matter. Do NOT check the box if it doesnt apply, just write na next to it.