Complicated question involving importing car and R186(L). Help!

[dc8800]

A little background: My family is moving up to Canada in April, and we have two little kids (2.5 and 6 months). I'm the only non-Canadian in the family; my wife was born in Canada, therefore the two boys are Canadian as well. I will be going in probably in April under R186(L) first, but before that I will be applying for outland family sponsorship for PR via Buffalo.

My question is that is it possible drive a car that I'm importing from the U.S. in *before* I officially land with the R186(L)? With the upcoming Spring Break in mid-March, I am able enlist a friend's help to drive our van over the border (from North Texas to Calgary). Then I will fly back to Texas and together fly our family up later in April (don't want make the 36-hour trip with two little ones). Because of timing issues, we probably won't be able to move the whole family before mid-March; but on the other hand, my friend won't be available to help drive later. So this creates a tricky scenario...do I import the car the first time I go up there on my first crossing in March? Or do I declare it as "goods to follow" (even though it's already in Canada) after my whole family formally lands there under R186(L)?

Please advise. Thank you very much.

 

[AllisonVSC]

Hi dc8800,

I drove my vehicle to Canada (Charleston SC to Toronto) as a visitor and the car remained in Canada until after I landed several months later (I did a family class PR app). I did not import the car until a month or two after I landed, so I included it on my goods to follow. Then I just drove down to the border one day and started the import process. I suspect, but of course no one knows for sure, that you will have no problems crossing the border with it since you are visa exempt, obviously not settling, and will only be in Canada for a short time.

Now, to add a few cautionary notes, I don't know what an R186(L) is, so your situation may be significantly different from mine. Also, before you leave Texas with your vehicle, find out if you have any outstanding recalls and get any work taken care of while still in the US (up here you will have to pay for it and then request reimbursement).

I have made several posts about my importation process. If you want to know more info PM me. Allison

 

[links18]

Allison, did you remain in Canada with the car or did you return to the states and leave the car in someone else's care? As I understand it, that is what dc880 wants to do.

As far as I understand it, the car is not supposed to be left in Canada without duties paid. As you would be entering as a visitor (or would you have a different status?) you would have no status to import the car, unless you were intending to give it to a Canadian resident as a gift, which would require payment of taxes/duties. If CBSA knew of your intentions, I doubt they would let you bring it in. Now, you can certainly enter with it as a visitor, but it is supposed to leave with you. If you decide to leave it in Canada anyway when you fly back there is the chance nobody will know or care, but it could not be driven legally by a Canadian resident with U.S. plates on it. Moreover, it is unclear if your U.S. insurance would cover any damage that may occur to the vehicle while in Canada in this situation.

 

[dc8800]

Thanks Allison and links18. Here's my follow-up to your posts...

Allison, did you remain in Canada with the car or did you return to the states and leave the car in someone else's care? As I understand it, that is what dc880 wants to do.

Yes, that is my intention. The car won't be driven by anyone while I'm back in the U.S., so probably don't need to worry about the insurance/Canadian driver issue.

As far as I understand it, the car is not supposed to be left in Canada without duties paid. As you would be entering as a visitor (or would you have a different status?) you would have no status to import the car...

My initial thinking was to enter as a visitor, leave the car, fly back, and then enter as a R186 (a provision to work without a work visa), while at the same time declaring the car as goods to follow. But that seems like it may run into some problems...especially if they ask me about where the car is or how I plan on importing the car.

So maybe I can do it the other way around? In this case, I would enter as a R186 during my first entry of driving the car up with my friend, and at the same time give the CBSA my list all the goods that will follow in that same entry (which by the way should not incur any import tax because I'll be settling there, right?). Then after I drop off the car, I'll fly back to Texas, pack up and ship all our stuff, then fly back to Calgary with the rest of my family (who are all Canadians, and should have no problem entering the country). Would I run into any potential problem this way? This seems like the better way to go. The only thing I'm not sure is whether I'm allowed to leave the country right after entering it with a R186. But I don't see why not...

 

[links18]

If you enter with your R186 status you should probably be allowed to import your car as settler's effects. There is no tax or duties on settler's effects provided you owned and used them prior to establishing residence in Canada. CBSA should not have a problem with you leaving Canada to return to the U.S. in order to collect your things.