Do CBSA officers at the airport have exit records?

[ishaannayyyar]

If she is visa exempt, there is a pitfall she should try to avoid if she visits her husband in Canada: since he is a PR, she could be assumed to have dual intent (to visit & and immigrate), while visa-exempt passport allows only for visit without intent to stay. Intent is a difficult thing to prove or disprove (no one really knows what is in the head of another), but precisely because of that she can be banned from future visits as a non-immigrants if the admitting officer assumes that she is using her non-immigrant visa to by pass immigration laws of Canada and reunite with her PR husband. At very least she should research the subject and may be ask for a free consultation with an immigration lawyer.

What if she does not say that she is visiting me? I mean there are many bag packers who visit Canada for 6 months P;S - we are not married yet

 

[steaky]

What if she does not say that she is visiting me? I mean there are many bag packers who visit Canada for 6 months P;S - we are not married yet

She has ETA, so no need to say she is visiting you. But at the same time the government is discouraging non essential travels.

 

[scylla]

So there is absolutely no chance that she will be allowed to stay on a visitor visa 4 times (6 months each) if she leaves on time at the end of every 6 month?

It's not "no chance" but I would say it's unlikely because at that point it will be clear that she is effectively using the eTA to live in Canada (and not just visit). As a general rule (i.e. to prevent issues at the border), you want to be spending more time outside of Canada than inside of Canada in any given 12 month period. Certainly not a hard and fast rule. However assuming her plan would be to leave for a few days and then return immediately, that starts getting into territory where she may have issues with CBSA.

If she wants to stay longer, the better option is to apply for an extension from within Canada (without leaving Canada) vs. leaving and then trying to return. While it may seem strange, this has a higher chance of working out in her favour and I think 1 extension is certainly feasible - maybe 2. Getting enough extensions to spend a full 2 years here may be challenging.

How old is she? Have you looked into the IEC program?

 

[ishaannayyyar]

It's not "no chance" but I would say it's unlikely because at that point it will be clear that she is effectively using the eTA to live in Canada (and not just visit). As a general rule (i.e. to prevent issues at the border), you want to be spending more time outside of Canada than inside of Canada in any given 12 month period. Certainly not a hard and fast rule. However assuming her plan would be to leave for a few days and then return immediately, that starts getting into territory where she may have issues with CBSA.

If she wants to stay longer, the better option is to apply for an extension from within Canada (without leaving Canada) vs. leaving and then trying to return. While it may seem strange, this has a higher chance of working out in her favour and I think 1 extension is certainly feasible - maybe 2. Getting enough extensions to spend a full 2 years here may be challenging.

How old is she? Have you looked into the IEC program?

she used IEC program already in 2018.

 

[scylla]

she used IEC program already in 2018.

Ah - got it. Too bad.

Study permit? Does she have any interest in continuing her studies full time in Canada as an international student?

eTA is a dice roll on how long she will be allowed to stay. That's the short answer. No one can predict what will happen (even on the initial entry).

 

[armoured]

What if she does not say that she is visiting me? I mean there are many bag packers who visit Canada for 6 months P;S - we are not married yet

Let's be clear here: if she is asked a direct question that somehow hits this, she really should not lie. That will cause problems.

But if they don't ask, and there's no question that requires disclosing that information - no need to volunteer info.

That's why credible posters here will repeatedly say: don't lie; respond truthfully and briefly; don't volunteer information unnecessarily (don't get overly chatty or blather on); and don't lie. Try to do those while not coming across as evasive.

And probably for the vast majority of ETA (visa waiver) visitors, normal entry questions are pretty limited - purpose of visit, where you staying, etc. You can say tourism and visiting some people. If it gets down to "what's the nature of your relationship with [the person you're staying with]", yeah, just tell the truth.

Anyway the real issue : as far as your "plan" goes - the problem is not your spouse visiting. The problem is your spouse living in Canada (wiht no right to work) for the entire time before you can prudently apply to sponsor her.

 

[ishaannayyyar]

Let's be clear here: if she is asked a direct question that somehow hits this, she really should not lie. That will cause problems.

But if they don't ask, and there's no question that requires disclosing that information - no need to volunteer info.

That's why credible posters here will repeatedly say: don't lie; respond truthfully and briefly; don't volunteer information unnecessarily (don't get overly chatty or blather on); and don't lie. Try to do those while not coming across as evasive.

And probably for the vast majority of ETA (visa waiver) visitors, normal entry questions are pretty limited - purpose of visit, where you staying, etc. You can say tourism and visiting some people. If it gets down to "what's the nature of your relationship with [the person you're staying with]", yeah, just tell the truth.

Anyway the real issue : as far as your "plan" goes - the problem is not your spouse visiting. The problem is your spouse living in Canada (wiht no right to work) for the entire time before you can prudently apply to sponsor her.

We are thinking that if she can manage to come inside for 6 months, through my connections I can help her getting an employment.
Further I have below questions:
1. Can she work remote for her French employer from Canadian soil while she is visiting?
2. If she gets a job inside canada (someone is ready to give her a work permit), does she need to exit canada and apply?

 

[jakklondon]

What if she does not say that she is visiting me? I mean there are many bag packers who visit Canada for 6 months P;S - we are not married yet

She doesn't have to volunteer anything, but if asked point blank she can either remain silent or say the truth.
Remember: Intentionally giving misleading informaiton is misrepresentaiton and can have very dire consequences. And under the circumstances, I would say it's better to say the truth than remain silent.

 

[jakklondon]

It seems like once a file is flagged for non-compliance, they don't have a way to remove that flag . I travelled again early this month, already in compliance with the RO but was sent to secondary again. The border agent didn't ask me any questions, just looked at my records and waived us through at the secondary.
I have heard that if one travels a lot, they want to validate that the person is living here rather than just visiting one-off.

To be fair to the border agents, they are not trying to "get anyone", just trying to enforce the rules but also being emphatic about one's situation.

You probably don't read what I write before commenting on it. I wasn't flagged for non-complance. This happened to me when I just landed in Canada (the very first welcome was crazy-harsh, when all I did was to appear with landing papers on the border), and they kept sending me to secondary each time I returned to Canada, which I did only very few times and right after landing. So, I had no chance to do anything or to breach RO at the time when they were sending me to secondary. To be fair, it had nothing to do with enforcement of the law and the rules (by law and rules, Canadian authorities vetted me and granted me a PR status and invited to come to Canada as PR. If I had bad/criminal records or any inadmissibility flag, they wouldn't grant me PR status in the first place).

 

[jakklondon]

I will not recommend to remain silent, but just answers the questions that are being asked straight to be point without providing additional details. The burden of proof lies on the PR that they comply with the RO. The border agent in most cases has all the info they need to look at your entry/exit records, so they might be probing you to understand the reason for not being compliant.

They cannot deport you, they will need to let you enter even if they file the report.

Again, you do not read what I write before commenting. I do not reccomend evryone to stay dumbfounded silent and always refuse to answer any quesiton asked by officer at POE. It would be stupid and counterproductive to remain silent when your answer can only facilitate your admisison without any hurdles.

What I am saying is that if you are in breach of RO, and if what you say will only serve to get your reported (and subsequently deported), then you have no obligation to say anything and help the officer deport you. You can remain silent, it's your RIGHT. What are you going to prove by truthfully singing like a bird (if you are indeed in breach of RO) ? You will just prove that you are deportable, get yourself reported and help officer write a report against you. By law you are not obligated to do that. You can remain silent.

 

[dpenabill]

So there is absolutely no chance that she will be allowed to stay on a visitor visa 4 times (6 months each) if she leaves on time at the end of every 6 month?

We are thinking that if she can manage to come inside for 6 months, through my connections I can help her getting an employment.
Further I have below questions:
1. Can she work remote for her French employer from Canadian soil while she is visiting?
2. If she gets a job inside canada (someone is ready to give her a work permit), does she need to exit canada and apply?

@scylla and @armoured are covering your questions quite well. Be very wary of the jak posts, they are rife with misdirection, and her motives are highly suspect.

I will add that there are many conditions and contingencies involved in questions about your partner coming to Canada to stay. Lots of if this, then that, but if this other happens, then it can go this or that way, with more than a few not easily predicted forks in that path.

There are other parts of the forum for questions and discussions related to obtaining status to come to Canada. Especially matters related to obtaining work permits. Better to pursue related questions there.

While generally a Foreign National cannot work in Canada, it is nonetheless OK for a Foreign National, without status authorizing work, to engage in certain kinds of work while in Canada. This includes working for an employer outside Canada pursuant to an outside-Canada employment relationship. Or, as you describe it, while in Canada work remotely for the employer in another country. That said, this can get tricky. And, moreover, if and when questions arise about it in relation to immigration processing, whether during an immigration Secondary examination at a PoE or in processing an application, there can be quite a lot of inconsistency in how different officials interpret things. For some any "working" in Canada is "working in Canada," for which proper status is required. This too is one of those been there, did that things, and I did it extensively over a very long period of time (years) during which I was also doing the so-called "flagpoling" thing, and spending most of the year in Canada, for several years in a row. That was THEN. Things have changed. As @scylla commented, being able to do this successfully these days is far less likely. Frankly, simply not likely. And it risks running into issues that can make getting future status more difficult. I strongly agree with the suggestion that applying for extensions of status while IN Canada is more likely to facilitate an extended stay. And otherwise following the rules, which is why I previously noted that the practical side of this equation can be the more difficult side; there may be some periods of separation, potentially lengthy periods, and that can be tough.

If You Are a Gambling Man:

I previously referenced the possibility of initiating the sponsored partner process before getting into compliance. NOT soon. Definitely not before you have an established a paper and digital trail documenting actual settlement in Canada, which takes time, and it takes actually settling here. And, as previously noted, the only NO-RISK approach is to wait until you have actually been IN Canada for more than 730 days within the previous five years.

If you come, and there are no problems at the PoE, and you stay . . . maybe after just a year, plus a bit perhaps, and depending on how things have gone with your partner joining you here for some or most of that time, you could consider revisiting the question about whether to start the sponsored partner process. No need to dig into this much now. Again, now is not the time. But once you are well settled, and recognizing things can easily change in a year, it might be worth considering going ahead, taking some RISK. It may be a good idea to go see a lawyer, for example, and get some professional advice about proceeding with the sponsored partner application even though you are still short (of RO compliance) . . . based on circumstances and the situation in a year, plus some.

 

[jakklondon]

We are thinking that if she can manage to come inside for 6 months, through my connections I can help her getting an employment.
Further I have below questions:
1. Can she work remote for her French employer from Canadian soil while she is visiting?
2. If she gets a job inside canada (someone is ready to give her a work permit), does she need to exit canada and apply?

1. She is not violating any Canadian laws if her employer is outside of Canada. Canada has no business controlling foreign states or employers located in foreign soils. A lot of people since pandemic work remotely and I know at least 3 couples who moved away to different countries in EU and work for their American employers remotely, while enjoying their stays in far away countries. She just must make sure that her presence in Canada is authorized.

2. That I don't know.

 

[IndianBos]

You probably don't read what I write before commenting on it. I wasn't flagged for non-complance. This happened to me when I just landed in Canada (the very first welcome was crazy-harsh, when all I did was to appear with landing papers on the border), and they kept sending me to secondary each time I returned to Canada, which I did only very few times and right after landing. So, I had no chance to do anything or to breach RO at the time when they were sending me to secondary. To be fair, it had nothing to do with enforcement of the law and the rules (by law and rules, Canadian authorities vetted me and granted me a PR status and invited to come to Canada as PR. If I had bad/criminal records or any inadmissibility flag, they wouldn't grant me PR status in the first place).

Are you sure that you were not in breach? This was one of your first post on this forum.

Hi everyone, years ago we applied for PR in Canada and landed for few days. We were planning to return to Canada the following year and spent considerable amount of time applying for jobs, but after sending hundreds of resumes didn't receive a mere invitation to an interview (for comparison: if we sent 10 resumes in the US, we would get at least one invitation to an interview, and possibly land a job). Anyhow, we decided to stay in US and not risk going to Canada to spend our life savings while looking for a job.

It seems like we are still permanent residents of Canada (although in breach of residency requirement). As of now, we are not planning to move to Canada. And, to be honest, it doesn't matter much if we eventually (formally) loose our permanent residency. So, this thread and questions is more out of curiosity:

If we were to some day cross Canadian border as American citizens, what would be chances of being reported/stopped at border for being Canadian permanent residents? How strictly the requirement is being enforced?

P.S. Do not get emotional and do not lecture me about laws and requirements of Canada, I am aware of both as it relates to PR obligation. Mind your own business and don't teach me morals. I am just curious, as to what the chances of retaining PR are, should I ever decide to come to Canada. I am asking for ANECDOTAL evidence (not statistics per se, but personal experiences of individuals in similar circumstances). I am US Citizen with above average income and stable job in professional field, and at the end of the day I couldn't care less about any pontification from "holier than though" types. I look for a simple, unemotional reflection on a true state of affairs at the border, as it relates to individuals who landed but never lived in Canada for 5 to 10 years. Thank you for your understanding.

 

[jakklondon]

Are you sure that you were not in breach? This was one of your first post on this forum.

What do you mean are you sure? When did I say that I was in breach when I went to Canada? I am in breach now. I wasn't in breach when I just landed in Canada, nor few times I visited it after the landing and sent to secondary, In fact, there is no way you can be in breach right after landing in Canada. It's impossible to breach RO immediately after landing in Canada. Because It takes 3 years out of Canada after landing to be in breach of RO. Where did I say I went to Canada 3 years after landing and while in breach? Why don't you read my posts before making comments on them?

 

[IndianBos]

What do you mean are you sure? When did I say that I was in breach when I went to Canada? I am in breach now. I wasn't in breach when I just landed in Canada, and few times I visited it after the landing, In fact, there is no way you can be in breach right after landing in Canada. It's impossible to breach RO immediately after landing in Canada. Because It takes 3 years out of Canada after landing to be in breach of RO. Where did I say I went to Canada 3 years after landing and while in breach? Why don't you read my posts before making comments on them?

Hey man, I am not on this forum to argue, and to be fair, I am not sure what we are discussing anymore. You don't live in Canada, might have applied and got your PR but have no intention of moving or living here. What purpose would you have on this forum?

This forum is more about helping each other out. those who want to move or live here. I def know I got a lot of help in the process of moving and settling down here.

I will refrain from replying, peace out!