Complicated - Sponsoring an American

[carr1]

I don't think they give VRs to people as easily if they aren't married and don't have a PR application in process. I'm not 100% about this though. The OP could still try of course

In this area it's very common. I learned after we moved here how different CBSA is then when we dealt with them in Toronto at the airport!
I was shocked myself but now I meet people all the time dating Americans here and lots have VR's or use nexus to cross daily.
That's not saying it will always work, you can always get an agent who's had a bad day!!

 

[Decoy24601]

In this area it's very common. I learned after we moved here how different CBSA is then when we dealt with them in Toronto at the airport!
I was shocked myself but now I meet people all the time dating Americans here and lots have VR's or use nexus to cross daily.
That's not saying it will always work, you can always get an agent who's had a bad day!!

Well, hopefully the OP is able to get one. If they can't get a VR, I still think it would be a bad idea to cross so frequently. At least at the Peach Arch crossing, the CBSA aren't so lenient on people who are only dating with no PR application in process. I found that out the hard way. The CBSA officer said it was actually normal for them to give voluntary withdrawals for people asking to stay more than 2-3 days with their boyfriend/girlfriend, even if they had strong ties to the US (I didn't at the time). The YVR airport can be a hit or miss with that from what I've heard as well, but I didn't have issues there.

 

[carr1]

Well, hopefully the OP is able to get one. If they can't get a VR, I still think it would be a bad idea to cross so frequently. At least at the Peach Arch crossing, the CBSA aren't so lenient on people who are only dating with no PR application in process. I found that out the hard way. The CBSA officer said it was actually normal for them to give voluntary withdrawals for people asking to stay more than 2-3 days with their boyfriend/girlfriend, even if they had strong ties to the US (I didn't at the time). The YVR airport can be a hit or miss with that from what I've heard as well, but I didn't have issues there.

For sure! I had an issue when my husband, then just my boyfriend, crossed at Niagara. I'm just saying that at the Windsor border I've learned the CBSA agents are very easy going on this, they actually pushed me to get a VR which at the time I thought was a bad thing. It ended up being a great thing.
Still the best idea for the OP is to come to Canada visit for 6 months and renew visitor status to make common law and apply, while not working and crossing. Or get married and apply.
It's always better to not risk tons of border crossings but if you live near Windsor it's not as risky.
At first I wasn't excited when my hubby was transferred to Windsor from Toronto but once I got my VR I loved it crossed into MI all the time to shop.

 

[Decoy24601]

For sure! I had an issue when my husband, then just my boyfriend, crossed at Niagara. I'm just saying that at the Windsor border I've learned the CBSA agents are very easy going on this, they actually pushed me to get a VR which at the time I thought was a bad thing. It ended up being a great thing.
Still the best idea for the OP is to come to Canada visit for 6 months and renew visitor status to make common law and apply, while not working and crossing. Or get married and apply.
It's always better to not risk tons of border crossings but if you live near Windsor it's not as risky.
At first I wasn't excited when my hubby was transferred to Windsor from Toronto but once I got my VR I loved it crossed into MI all the time to shop.

I've heard that windsor is more laid-back than the niagra crossing too. I found that the easiest crossing on the west coast is actually traveling by train, but I don't have a car anyways. I still wish I could have gotten VR myself ;D. The different crossings can be so fickle.

 

[AMBillings]

Does your boyfriend live near the border you still be crossing at?
We live in the Windsor area and crossing a lot is very common as lots of Canadians here date Americans. This border is very good at giving VR's to Americans to cross back and forth.
Before I was granted my PR I was given a VR and crossed back and forth a lot on it without any issues.
Thoug we were married with a PR app in process but I know others in your situation with VR's as well.

He lives in Vancouver, and I live in Seattle. It's only 45 minutes to the border from Vancouver, which is where we would be living.

It sounds like while I could try to do the VR while applying for PR, it would be easier to get married and apply for PR...but if I did that, could I still live in Canada and commute to work? I don't see how that's any different. Wouldn't I have to wait for the PR app to be processed first?

 

[Ponga]

Weeeell...now I'm confused. I was under the impression that I was being advised to move in with my boyfriend in Canada as a visitor in order to "earn" the 1 year of living together in order to qualify for PR. If I can't live in Canada as a visitor, then my assumption would be that I qualified as a conjugal partner because we couldn't live together due to an immigration barrier. It has to be one or the other, right?

Perhaps this will help; it's all about the semantics:

To CIC, you need to be living together to qualify (eventually) for Common-Law sponsorship.

To CBSA, you will be a visitor (but still residing) in Canada, and can be approved for an extension if CIC approves the extension (which they usually do for Americans looking to establish C-L status).

 

[Ponga]

He lives in Vancouver, and I live in Seattle. It's only 45 minutes to the border from Vancouver, which is where we would be living.

It sounds like while I could try to do the VR while applying for PR, it would be easier to get married and apply for PR...but if I did that, could I still live in Canada and commute to work? I don't see how that's any different. Wouldn't I have to wait for the PR app to be processed first?

I have the PERFECT solution...

Move to Point Roberts, WA.

 

[AMBillings]

Still the best idea for the OP is to come to Canada visit for 6 months and renew visitor status to make common law and apply, while not working and crossing. Or get married and apply.
It's always better to not risk tons of border crossings but if you live near Windsor it's not as risky.
At first I wasn't excited when my hubby was transferred to Windsor from Toronto but once I got my VR I loved it crossed into MI all the time to shop.

Work is the primary reason we don't live together, so any solution that requires me to quit my job is not a solution I will consider. My situation wouldn't be complicated if it was, haha. My company is being extremely generous in extending this offer, and they pay me quite well. My industry doesn't pay nearly as well in Vancouver, hence why I haven't gotten work there already. In short, I'm not quitting my job.

 

[Decoy24601]

He lives in Vancouver, and I live in Seattle. It's only 45 minutes to the border from Vancouver, which is where we would be living.

It sounds like while I could try to do the VR while applying for PR, it would be easier to get married and apply for PR...but if I did that, could I still live in Canada and commute to work? I don't see how that's any different. Wouldn't I have to wait for the PR app to be processed first?

You cannot "live" in Canada, only "visit". Although, if you do get a Visitor Record then the officer may tell you that you can now "live" in Canada, but not work or study. If you cannot get a Visitor Record, I would not recommend trying to cross every week for work. If you do get a Visitor Record, then it should be fine. Yes, in your case getting married first would likely be easier in terms of being able to apply for Permanent Residence if you cannot get a VR.

Visitor Records are for visitors, not permanent residents. So, you technically don't even have to have a PR application in process to get VR, but in my opinion at the Peach Arch crossing your chances of getting one are low if you are not married and don't have a PR application in process yet. CBSA officers are more lenient on visa-exempt people (particularly Americans) who have a PR applications in process.

As for the Point Roberts thing, that would depend on if he can actually work at their job in Point Roberts .

 

[AMBillings]

Perhaps this will help; it's all about the semantics:

To CIC, you need to be living together to qualify (eventually) for Common-Law sponsorship.

To CBSA, you will be a visitor (but still residing) in Canada, and can be approved for an extension if CIC approves the extension (which they usually do for Americans looking to establish C-L status).

That makes sense, but will crossing the border on a weekly basis be an issue for CBSA? I guess I could ask next time I cross over.

 

[Decoy24601]

That makes sense, but will crossing the border on a weekly basis be an issue for CBSA? I guess I could ask next time I cross over.

Yes, without a Visitor Record or having a PR application in process, it likely will. Especially if you are crossing at the Peace Arch.

 

[AMBillings]

I have the PERFECT solution...

Move to Point Roberts, WA.

Blaine would be far more convenient if I wanted to go that route! In all seriousness, we would want to live together to earn the common-law status for the PR. If we're not living together, I may as well not move at all.

 

[Decoy24601]

Blaine would be far more convenient if I wanted to go that route! In all seriousness, we would want to live together to earn the common-law status for the PR. If we're not living together, I may as well not move at all.

Even if you were "living" together to establish common-law status, you cannot "move". You can't show up at the border with most of your belongings until you are actually landing as a Permanent Resident.

 

[AMBillings]

Even if you were "living" together to establish common-law status, you cannot "move". You can't show up at the border with most of your belongings until you are actually landing as a Permanent Resident.

That's definitely good to know. I assumed by my original post I had made it clear that we wanted to move in together.

 

[Decoy24601]

That's definitely good to know. I assumed by my original post I had made it clear that we wanted to move in together.

Well, this still leaves you two options.

Option 1: "Visit" your boyfriend for a year and establish common-law. You won't be able to officially move yet, but you could "live" with her under visitor status. Crossing weekly if you can't get a Visitor Record is a bad idea, but if you want you can ask for one the next time you cross. It doesn't hurt to try.

Option 2: Get married and apply outland. American outland applicants are normally processed in Ottawa and are taking anywhere between 2-6 months lately. Once your Permanent Residence goes through you you receive your COPR (Confirmation of Permanent Residence) you can officially move. At this point crossing once a week for your job would not be an issue.