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Common Law essential travel + Inland PR

prdcnd

Newbie
May 31, 2020
2
0
Hi folks,

I am sorry my story is very long, I will add as many details as possible. I understand I can't get a definite answer as there is no such thing with Covid. However, any insight from people would help very much in making my decision.

I am a Canadian citizen and I had been living with my American Partner for a two years (6 months of which was in Canada), due to certain circumstances we could not get married while I was there in the US and now those circumstances are gone so we are able to get married. We went on a pre marriage honey moon over seas in March, then as we were going back to the US everything Hit and we were separated at the border and I was not allowed to Enter the states so we stayed in Canada for two weeks to try again and same thing so he had to go back for very important doctor appointments.

Now he finished his doctor appointments and dealt with all circumstances that prevented us from getting married before. So we decided for him to move to our beautiful country instead of me moving there. I have two questions,

1- First question is regarding him crossing the border , I have my car still in the US that I couldn't go get because I wasn't allowed in (wasn't due to cover last time I was denied was due to me being high risk of being illegal). I also have my dog over there with him ( he has one I have one but obviously now they are both our fur babies). Will him driving my car and dog back to me be considered essential since I live in a remote area 35 mins from Ottawa with no public transit. I would think this is essential but since he lives in California and I live in Ontario now its a 5 day drive to be refused entry.

2- As I have been reading here its better for reunification if the spouse/common law shows intent to permanently stay with me in Canada get married and apply inland, but wouldn't that go against him since he is showing intent of permanent staying and the whole ties to his countries and temporary visiting.

Obviously the best case scenario is for the border to reopen end of June but we are trying to prepare for worst case scenario which is many more months of closure, I live in a two bed room apartment and work from home and have no problem quarantining with him for the 14 days. I also don't have any family here as I moved to Canada 10 years ago from over seas.

If anyone knows or can suggest anything I would greatly appreciate it and feel free to ask questions if you need more clarification on the situation.
 

scylla

VIP Member
Jun 8, 2010
97,321
23,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi folks,

I am sorry my story is very long, I will add as many details as possible. I understand I can't get a definite answer as there is no such thing with Covid. However, any insight from people would help very much in making my decision.

I am a Canadian citizen and I had been living with my American Partner for a two years (6 months of which was in Canada), due to certain circumstances we could not get married while I was there in the US and now those circumstances are gone so we are able to get married. We went on a pre marriage honey moon over seas in March, then as we were going back to the US everything Hit and we were separated at the border and I was not allowed to Enter the states so we stayed in Canada for two weeks to try again and same thing so he had to go back for very important doctor appointments.

Now he finished his doctor appointments and dealt with all circumstances that prevented us from getting married before. So we decided for him to move to our beautiful country instead of me moving there. I have two questions,

1- First question is regarding him crossing the border , I have my car still in the US that I couldn't go get because I wasn't allowed in (wasn't due to cover last time I was denied was due to me being high risk of being illegal). I also have my dog over there with him ( he has one I have one but obviously now they are both our fur babies). Will him driving my car and dog back to me be considered essential since I live in a remote area 35 mins from Ottawa with no public transit. I would think this is essential but since he lives in California and I live in Ontario now its a 5 day drive to be refused entry.

2- As I have been reading here its better for reunification if the spouse/common law shows intent to permanently stay with me in Canada get married and apply inland, but wouldn't that go against him since he is showing intent of permanent staying and the whole ties to his countries and temporary visiting.

Obviously the best case scenario is for the border to reopen end of June but we are trying to prepare for worst case scenario which is many more months of closure, I live in a two bed room apartment and work from home and have no problem quarantining with him for the 14 days. I also don't have any family here as I moved to Canada 10 years ago from over seas.

If anyone knows or can suggest anything I would greatly appreciate it and feel free to ask questions if you need more clarification on the situation.
IMO his travel is not essential and he's at pretty high risk of being refused entry right now for that reason. If you had already sponsored him for PR, he was approved and he had a COPR, then he would be able to get in. But that's not the circumstances of your case right now.

If he lived close to the border, I would say to give it a short. Given he's a five day drive away, I would wait until the border restrictions have lifted before attempting to enter.
 
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abdulzeedo

Star Member
Jun 23, 2019
108
24
Hi folks,

I am sorry my story is very long, I will add as many details as possible. I understand I can't get a definite answer as there is no such thing with Covid. However, any insight from people would help very much in making my decision.

I am a Canadian citizen and I had been living with my American Partner for a two years (6 months of which was in Canada), due to certain circumstances we could not get married while I was there in the US and now those circumstances are gone so we are able to get married. We went on a pre marriage honey moon over seas in March, then as we were going back to the US everything Hit and we were separated at the border and I was not allowed to Enter the states so we stayed in Canada for two weeks to try again and same thing so he had to go back for very important doctor appointments.

Now he finished his doctor appointments and dealt with all circumstances that prevented us from getting married before. So we decided for him to move to our beautiful country instead of me moving there. I have two questions,

1- First question is regarding him crossing the border , I have my car still in the US that I couldn't go get because I wasn't allowed in (wasn't due to cover last time I was denied was due to me being high risk of being illegal). I also have my dog over there with him ( he has one I have one but obviously now they are both our fur babies). Will him driving my car and dog back to me be considered essential since I live in a remote area 35 mins from Ottawa with no public transit. I would think this is essential but since he lives in California and I live in Ontario now its a 5 day drive to be refused entry.

2- As I have been reading here its better for reunification if the spouse/common law shows intent to permanently stay with me in Canada get married and apply inland, but wouldn't that go against him since he is showing intent of permanent staying and the whole ties to his countries and temporary visiting.

Obviously the best case scenario is for the border to reopen end of June but we are trying to prepare for worst case scenario which is many more months of closure, I live in a two bed room apartment and work from home and have no problem quarantining with him for the 14 days. I also don't have any family here as I moved to Canada 10 years ago from over seas.

If anyone knows or can suggest anything I would greatly appreciate it and feel free to ask questions if you need more clarification on the situation.
It's interesting that you have mentioned the second point. When I was enquired by Canada Border Services Agency at the Heathrow Airport, London, England I was explicitly asked whether I was going to live permanently with my spouse (I was travelling on my ETA), to which I answered no! Of course, I was denied entry in the end, for other purposes.
 

kalyan1990

Full Member
Jul 25, 2017
28
5
It's interesting that you have mentioned the second point. When I was enquired by Canada Border Services Agency at the Heathrow Airport, London, England I was explicitly asked whether I was going to live permanently with my spouse (I was travelling on my ETA), to which I answered no! Of course, I was denied entry in the end, for other purposes.
That's interesting. I wonder if they are allowing people in who have an intention of living permanently in canada.
 

abdulzeedo

Star Member
Jun 23, 2019
108
24
Yes. On reddit, a person said that his Outland PR application is at the last stages and his lawyer think that he is allowed to go (taking in consideration the current CBSA guidelines leaked).
I wonder whether I could confirm this with them on a phone call. They do have a phone number to contact, but I am not sure whether they will be happy to discuss this sort of things.
 

prdcnd

Newbie
May 31, 2020
2
0
Yes. On reddit, a person said that his Outland PR application is at the last stages and his lawyer think that he is allowed to go (taking in consideration the current CBSA guidelines leaked).
I wonder whether I could confirm this with them on a phone call. They do have a phone number to contact, but I am not sure whether they will be happy to discuss this sort of things.
Thats the problem , and honestly even if you got the ok on the phone, they will still tell you its up to the CBSA officer. I just don't understand how is it not essential for a Canadian citizen to have their car and dog back giving that I don't live in an area with public transportation. I actually want to sell my car and buy a beater to cover my current difficult financial situation. Would speaking to a Canadian immigration lawyer help any in this case or is it just a waste of money?
 

abdulzeedo

Star Member
Jun 23, 2019
108
24
Thats the problem , and honestly even if you got the ok on the phone, they will still tell you its up to the CBSA officer. I just don't understand how is it not essential for a Canadian citizen to have their car and dog back giving that I don't live in an area with public transportation. I actually want to sell my car and buy a beater to cover my current difficult financial situation. Would speaking to a Canadian immigration lawyer help any in this case or is it just a waste of money?
I strongly believe that after your consultation the immigration lawyer will say that it's still all up to the CBSA officer :confused: