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Chances of my Boyfriend being Denied at the Border?

Nov 24, 2016
5
0
My long-term boyfriend has a one-way ticket to come to my city (Victoria) in May. He's saved up enough money to support himself for more than a year easily (about 18kCAD when living expenses for a year in my current situation is about 7k/year). We plan on living together and are considering/planning on getting married after a few months (So far we've lived together for 1-month intervals via extended visits), as we want to make sure we're still happy after living together for a while (we have no actual doubt we will be, just a contingency plan).

Basically I'm concerned they'll turn him away at the border because he does not have any kind of temporary visa. Since he's from the US and is entitled for 6 months stay without a visa we simply can't apply for a visitors visa. Will they turn him away if he says he plans to marry even though he has more than enough to support himself without working/won't work illegally? And if his money runs out he has family to live with in the US and can easily get his old job back. We also definitely will apply to extend his visitor status so he can stay for more than 6 months.

Ultimate plan is for him to move here, we'll get married within a few months, and we'll apply for outland spousal sponsorship. If for some reason his money depletes before the sponsorship is approved he's willing to move back and live with his family/work at his old job until it is approved.

Advice is appreciated and any experiences of people in very similar situations!
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
There is a non-zero chance of him being refused entry, for not having visitor intentions.

He's planning on arriving at the Canadian border (a country he doesn't have the legal right to live in) with a Canadian partner, no job in America, and the intention of staying long-term. The money is both useful proof that he might not need to work (illegally) in Canada, and unhelpful proof that he has long-term intentions of staying.

That doesn't mean he will be refused. If he's an American citizen with no prior criminal or immigration problems, and can convince them he doesn't plan on working, he may very well be allowed in. He should be clear that he is only visiting you (not moving to you).

On a practical note, if you're going to get married after a few months, and then apply after that, this is the better part of a year he won't be able to work. Have you thought about how he's going to keep himself occupied in that time?
 

Rsquare

Star Member
Apr 12, 2017
111
25
VictoriaFeline said:
My long-term boyfriend has a one-way ticket to come to my city (Victoria) in May. He's saved up enough money to support himself for more than a year easily (about 18kCAD when living expenses for a year in my current situation is about 7k/year). We plan on living together and are considering/planning on getting married after a few months (So far we've lived together for 1-month intervals via extended visits), as we want to make sure we're still happy after living together for a while (we have no actual doubt we will be, just a contingency plan).

Basically I'm concerned they'll turn him away at the border because he does not have any kind of temporary visa. Since he's from the US and is entitled for 6 months stay without a visa we simply can't apply for a visitors visa. Will they turn him away if he says he plans to marry even though he has more than enough to support himself without working/won't work illegally? And if his money runs out he has family to live with in the US and can easily get his old job back. We also definitely will apply to extend his visitor status so he can stay for more than 6 months.

Ultimate plan is for him to move here, we'll get married within a few months, and we'll apply for outland spousal sponsorship. If for some reason his money depletes before the sponsorship is approved he's willing to move back and live with his family/work at his old job until it is approved.

Advice is appreciated and any experiences of people in very similar situations!
I am a US citizen, and each time I visited my wife (the sponsor), they still asked me how long I plan to stay and what's my job in the US. Hence, as bcboundboy had said, there is no guarantee that your boyfriend will not be denied entry. No one can guarantee anything since as a visitor, strong ties to country of origin applies even for US citizens. Him not having a job in the US and length of stay in Canada may place him into questioning by border officers. But there is also a small probability that border officers wont even ask anything and let him enter. More than likely though, he will be asked especially if he declares hes staying (visiting) longer than most people do. Remember that he is just visiting you under the rules of US-Canada visa free agreement. The visa free agreement was never intended for citizens of participating countries to just "move in." Border officers see that as a violation of the agreement and visitor status. Also, remember that a visa (and length of visitor stay) is not an "entitlement" but is actually sanctioned by the judgement of the border officer --example, border officers have the right to say he can only stay for one week if they choose to do that.

You mentioned that he can just go back to the US and get his old job back. That is good in theory, but in practice, border officers have no way of knowing that will happen just in case your bf's fund depletes. Even if your bf says that at the port of entry, border offcers have no guarantee that will actually happen. They are more likely to believe that illegal work may happen.

So there is no clear answer to your question. All you can do is be honest and take the risk. Or get married now and start the application for outland.

Goodluck :) i sincerely hope everything goes well :)
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
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App. Filed.......
06/12
VictoriaFeline said:
Ultimate plan is for him to move here, we'll get married within a few months, and we'll apply for outland spousal sponsorship. If for some reason his money depletes before the sponsorship is approved he's willing to move back and live with his family/work at his old job until it is approved.
Provided he doesn't rock up with all of his worldly possessions and declare "I'm moving to Canada", he should be fine. I would suggest he buy a separate fully refundable ticket back home and see if his employer will write a letter saying that they are holding his job for him.

Also, you guys can pay the full $1040 PR fees now. If he's asked more in-depth about his plans, he should be honest about his intention to get married and apply for sponsorship. Having the PR fees paid shows CBSA that he has done his homework about the immigration process and is following the rules to legally live in Canada.
 
Nov 24, 2016
5
0
Thanks for all the advice! It's really helpful and has helped my anxiety about the situation a lot. We're prepared to deal with him being denied of course, but I'll definitely be happy if he gets in easily.

So we'll have him say he's visiting, and not sure when he'll leave but plans to stay a few months. If they ask he can tell them he's saved up money, and if they ask how much he'll tell them. If they happen to question the amount he can say that's just how much he made since he started working. He will have like 2 suitcases (one big one small), + carryon bag, but I think that can be explained as he's staying a few months. Will definitely only mention we're considering marriage if that kind of question comes up.

He definitely doesn't have any criminal record and hasn't had any past issues with immigration. At the moment he doesn't even have an job aspirations, and has been working at a call center the past year. I've asked him to look into seeing if his employer will write a letter like what was mentioned.
We're probably not gonna jump and get married now, but we'll look into paying the PR fee stuff if possible. (Can you do that before even submitting a spousal sponsorship application?)

He didn't get a job for a while after highschool, so he knows what to do with himself even without school/work. We're both avid video game players, and if it's allowed he'd be interested in volunteering at an animal shelter or something. He also likes to read and cook and go for walks and the like. We're not terribly worried about him being super bored or anything.

Thanks again everyone! I can sleep a little easier now, of course additional advice is still appreciated!
 

viva-c

Star Member
Jan 6, 2016
183
32
Toronto, ON
VictoriaFeline said:
We're probably not gonna jump and get married now, but we'll look into paying the PR fee stuff if possible. (Can you do that before even submitting a spousal sponsorship application?)
Yes, you can - in fact, you have to, because the receipt has to be included with your application before you send it in.

Technically you don't have to shell out the full $1040 right away, because it's two different fees - $490 for the RPRF, which can be paid either upfront or later, and $475 + $75 to apply, which has to be submitted with your application. You can get refunded the $475 if things don't work out or if your application gets rejected, but you lose the $75.