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Driving into Canada in your own American car and staying there for one month

OntarioBound

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Is it OK to do this? I am a US citizen, and I am planning to quit my job, move from California to Buffalo, NY (the closest American city to Kitchener, Ontario), get a tiny little apartment in Buffalo, NY or near there (so I will have an American address with all my packed belongings) and stay with my husband in Kitchener for probably a month at a time (just so we can be together) until my PR comes through.

I imagine I can drive into Canada with my CA licensed car? (It is good until Jan of next year as for the registration). I imagine it's OK for the car to be in Canada for a month?
 

Ponga

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Why don't you just put everything in storage (in Buffalo) and come to Canada to `visit' your husband while you wait for your PR application to be processed? You can typically stay in Canada for 6 months (unless told otherwise by the Border Officer) and then simply apply to extend your stay , if needed?

Or...keep your plan to rent a tiny apartment (or maybe a guest suite/basement suite), but still visit your husband and basically, stay in Canada until you have your PR? I guess my question is...why do you feel that you would need to go back and forth across the border, while you wait for your PR?
 

OntarioBound

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Ponga said:
Why don't you just put everything in storage (in Buffalo) and come to Canada to `visit' your husband while you wait for your PR application to be processed? You can typically stay in Canada for 6 months (unless told otherwise by the Border Officer) and then simply apply to extend your stay , if needed?

Or...keep your plan to rent a tiny apartment (or maybe a guest suite/basement suite), but still visit your husband and basically, stay in Canada until you have your PR? I guess my question is...why do you feel that you would need to go back and forth across the border, while you wait for your PR?
Thank you very much for your prompt reply. The only reason I felt I had to have a place in America is because I need an address in the US for CIC? I don't know the in's and out's about immigration to Canada, but maybe I just assumed that I need an address in the US? (I am applying OUTLAND...) And I thought I should go back to the US about once a month if I did have an apartment in Buffalo, just to make sure everything in the apartment was still intact, but if I don't need an American address, I guess I could consider just staying with my husband in Canada for 6 months at a time?
 

rhcohen2014

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actually, for application and CIC purposes, it's not required for your address to be a us one. you can certainly use a canadian address in your application. you will want your mailing address to be where you plan to be when approved, and if that's with your spouse in canada, that's ok. CIC doesn't care where the applicant physically is. Outland processing has nothing to do with that, it has to do with where the application processes and what your citizenship is.

where it gets sticky is with CBSA upon entry. CBSA may want to see "proof of ties" to the US if you want to enter for a long term stay. For CBSA, the best proof is housing and a job. so a remote job for a us employer is great, or a lease/mortgage for a place in the us. You can even have a family member draw up a standard lease. Basically, CBSA wants you to understand you are only a visitor and you know you need to have "something" to go back to.

during my process, i would travel back and forth every couple of months. I would spend 2-3 months in the us and then 2-3 months in Canada. the more you cross the border, the more CBSA will be concerned about your ties to the US. In my experience, CBSA prefers when you spend more time in your home country than in Canada, if you are crossing often. People generally enter Canada and stay put during their processing so as to not have to deal with border security. it just depends on what your needs in the us are. really it is no issue if you understand the rules and act as if you are only a visitor.

as for driving, you will just want to make sure your insurance will cover you if you run into an issue while in canada. some companies have limits of how much time they will cover you in Canada, so that's another reason for splitting time between the two countries.
 

OntarioBound

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rhcohen2014 said:
where it gets sticky is with CBSA upon entry. CBSA may want to see "proof of ties" to the US if you want to enter for a long term stay. For CBSA, the best proof is housing and a job. so a remote job for a us employer is great, or a lease/mortgage for a place in the us. You can even have a family member draw up a standard lease. Basically, CBSA wants you to understand you are only a visitor and you know you need to have "something" to go back to.

during my process, i would travel back and forth every couple of months. I would spend 2-3 months in the us and then 2-3 months in Canada. the more you cross the border, the more CBSA will be concerned about your ties to the US. In my experience, CBSA prefers when you spend more time in your home country than in Canada, if you are crossing often. People generally enter Canada and stay put during their processing so as to not have to deal with border security. it just depends on what your needs in the us are. really it is no issue if you understand the rules and act as if you are only a visitor.

as for driving, you will just want to make sure your insurance will cover you if you run into an issue while in canada. some companies have limits of how much time they will cover you in Canada, so that's another reason for splitting time between the two countries.
Thank you very much for your quick response! I am getting a clearer picture now. (It would be great if I didn't have to get an apartment in Buffalo - that is close to $1000/mo that I won't need to spend!) So it's the border crossing that gets sticky. From what you described, it looks like my disadvantage once I quit my job would be that I will have very little ties to the US since I won't have any new paychecks coming in, and I won't have any apartment contract (if I decide not to rent - I was thinking "month to month" even if I rent, so maybe that wouldn't be much help either compared to a year lease for example.) What can I do to convince CBSA that that I won't overstay in Canada? I have no needs to come back in the US... well, except to go to doctors there (I will have Cobra health insurance after I quit my employment...) and that will be a short visit (a day)...

Anyway, I gave my notice at work for March 31 end date with a possibility that it will extend to April 30th. My application for CIC is dated December end 2014, so hopefully, I'll get my PR by August/September timeframe. (My medical was November 5th so I am hoping the PR will come through way before then, but you never know...) Staying put here in CA until then is not an option (too expensive to live here without a job and too expensive to travel to see my husband without a job). As for the car insurance, I can call my insurance company and ask what their policies are. (Thank you very much!)

All I need is a way to stay in Canada without having to risk not being able to go back in before my PR is ready....

I do have a friend who could possibly write a lease for me but I am not sure...



How can I convince CBSA that that I won't overstay in Canada without being able to show them recent pay stubs, return tickets, or lease agreement? (I have no intention of overstaying. My PR will most likely come before I spend 6 months in Canada, and even if it didn't, my application is already being processed, so there is no reason for me to try to jeopardize that, but how do I convince CBSA? Any other evidence I could provide besides the copy of the application (or the AOR number or whatever form of application evidence)?)

Any comments would be greatly appreciated.
 

swestenzweig

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My advice is to proceed with caution. Your intentions are genuine, but your actions, if not careful, can still get you identified as an immigration risk at the border. Even though you have applied for permanent residency, you still have no status in Canada to live or work until that application is approved and you receive your PRV: to the CBSA you're still just a visitor. As such, your going to have to satisfy the CBSA that you intend on returning at the end of your visit.

Residency and employment are, as rcohen2014 indicated, the two greatest indicators CBSA looks at in determining your ties to the US. If you're planning on maintaining a residence in Buffalo, make sure you establish that before you cross the border to visit in your car. Your concerns about your California license plate and registration were warranted, as one of the first questions CBSA are going to ask you where you live. If your vehicle plates don't match where you live that's going to lead to more questioning, and, with a husband in Kitchener, it's very likely you'll be required to explain your situation in detail to CBSA's immigration desk. At that point, you'd better have documented proof to support your claim or you're going to be denied entry. And, without employment, it's all going to hinge on your ability to prove you have established, and are actively maintaining, a residency in Buffalo.

If you intend on moving to Buffalo, take the steps necessary to do it in earnest. I've been through a very similar set of circumstances, and I know the consequences of getting caught unprepared at the border firsthand. Consequently, if you need any advice or information on the Buffalo area, please feel free to send me a PM: there are some pretty affordable, and pretty convenient, options just north of Buffalo for housing.

Hope this helps!
 

OntarioBound

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swestenzweig said:
My advice is to proceed with caution. Your intentions are genuine, but your actions, if not careful, can still get you identified as an immigration risk at the border. Even though you have applied for permanent residency, you still have no status in Canada to live or work until that application is approved and you receive your PRV: to the CBSA you're still just a visitor. As such, your going to have to satisfy the CBSA that you intend on returning at the end of your visit.

Residency and employment are, as rcohen2014 indicated, the two greatest indicators CBSA looks at in determining your ties to the US. If you're planning on maintaining a residence in Buffalo, make sure you establish that before you cross the border to visit in your car. Your concerns about your California license plate and registration were warranted, as one of the first questions CBSA are going to ask you where you live. If your vehicle plates don't match where you live that's going to lead to more questioning, and, with a husband in Kitchener, it's very likely you'll be required to explain your situation in detail to CBSA's immigration desk. At that point, you'd better have documented proof to support your claim or you're going to be denied entry. And, without employment, it's all going to hinge on your ability to prove you have established, and are actively maintaining, a residency in Buffalo.

If you intend on moving to Buffalo, take the steps necessary to do it in earnest. I've been through a very similar set of circumstances, and I know the consequences of getting caught unprepared at the border firsthand. Consequently, if you need any advice or information on the Buffalo area, please feel free to send me a PM: there are some pretty affordable, and pretty convenient, options just north of Buffalo for housing.

Hope this helps!
I will definitely PM you. Thank you!
 

LittleDermo

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I, too, have shared your concern on this matter in the past. Luckily I haven't had it too bad at the border when crossing back. My husband and I are in Welland and we have had to cross over at the Buffalo border crossing often. Most recently being this past weekend when we came over to the states for a Pittsburgh Penguins game. We have submitted our application for PR Outland. Honestly, on piece of advice is to be honest when answering their questions but don't give over information if that makes sense. I have found that since submitting our application the CBSA is a lot easier on us. I do have a residence in Michigan or I should say my residence is my sister's in Michigan. I also carry a binder with me when crossing the border with any kind of document they may need for proof of anything. In fact, the last time we crossed the CBSA officer even asked what the binder was for. Once I told her what it was her attitude toward the whole thing completely changed. I think the best advice is be prepared! Have everything and anything you may think they will ask to see for proof. They do tend to be easier on PR applicants once they have submitted. I even asked if I would be able to extend the most current vistor record they gave me and she said "yep! just do another port of entry." I think once they are sure of your intentions that you are trying to put roots down in the country they don't harass you as much. I have some experience specifically with the buffalo border crossing so if you need any advice on that part of it I'd be glad to help you with that! :D
 

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LittleDermo said:
I, too, have shared your concern on this matter in the past. Luckily I haven't had it too bad at the border when crossing back. My husband and I are in Welland and we have had to cross over at the Buffalo border crossing often. Most recently being this past weekend when we came over to the states for a Pittsburgh Penguins game. We have submitted our application for PR Outland. Honestly, on piece of advice is to be honest when answering their questions but don't give over information if that makes sense. I have found that since submitting our application the CBSA is a lot easier on us. I do have a residence in Michigan or I should say my residence is my sister's in Michigan. I also carry a binder with me when crossing the border with any kind of document they may need for proof of anything. In fact, the last time we crossed the CBSA officer even asked what the binder was for. Once I told her what it was her attitude toward the whole thing completely changed. I think the best advice is be prepared! Have everything and anything you may think they will ask to see for proof. They do tend to be easier on PR applicants once they have submitted. I even asked if I would be able to extend the most current vistor record they gave me and she said "yep! just do another port of entry." I think once they are sure of your intentions that you are trying to put roots down in the country they don't harass you as much. I have some experience specifically with the buffalo border crossing so if you need any advice on that part of it I'd be glad to help you with that! :D
Thank you so much for your post. Yes, it would be great if you could share some information regarding the buffalo border crossing, which I will most likely be using (if not the Niagara Falls border crossing.) Also, it would be great if you could share with me what documents you keep in your binder.

My plan at the moment is to move from California to Buffalo, NY or Niagara Falls (I am leaving my work in CA in April and planning to get a month-to-month furnished apt there in NY), get my car registered in NY and drive into Canada and stay with my husband for a few weeks at a time and maybe come back to NY for Dr's appointments/Dentist appointment and some other personal business I may need to take care of. As for the binder, I could put my residence information (the ones I am looking at are all utility paid furnished month to month apartments, so I am not sure if that helps.), bank account/brokerage account information, PR AOR email (I don't have it yet, but I should in the next few weeks), health insurance information (? Would this help). I cannot think of anything else really...

Any input would be so appreciated! :)
 

LittleDermo

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OntarioBound said:
Thank you so much for your post. Yes, it would be great if you could share some information regarding the buffalo border crossing, which I will most likely be using (if not the Niagara Falls border crossing.) Also, it would be great if you could share with me what documents you keep in your binder.

My plan at the moment is to move from California to Buffalo, NY or Niagara Falls (I am leaving my work in CA in April and planning to get a month-to-month furnished apt there in NY), get my car registered in NY and drive into Canada and stay with my husband for a few weeks at a time and maybe come back to NY for Dr's appointments/Dentist appointment and some other personal business I may need to take care of. As for the binder, I could put my residence information (the ones I am looking at are all utility paid furnished month to month apartments, so I am not sure if that helps.), bank account/brokerage account information, PR AOR email (I don't have it yet, but I should in the next few weeks), health insurance information (? Would this help). I cannot think of anything else really...

Any input would be so appreciated! :)
In my binder I always keep our marriage certificate plus our passports as first priority. Those things I always check to make sure I have in there when we are planning on crossing. I also keep the receipt I received from sending our application package in from Canada Post as well as the printed off copy of the signature of the person who signed for the package. Another thing I keep in there is a copy of the fees receipt you receive from paying the fees for immigration processing. Make sure to fill it out just like you did for the one you sent in to CIC. I've had the border officer ask me for something with the address of the place I'll be staying while in Canada and I just hand them that. It's nice because it will have the address on it and show that you have applied for the PR already. Kills 2 birds with 1 stone. I also carry with me something with my US address on it too. I think in my binder I have the mail forwarding package I was sent when I changed my address with USPS. Once we receive our AOR email which will hopefully be soon since we submitted on 12/16/2014 I'll be carrying that in there too. I don't see how adding health insurance in there would hurt but I don't see really see CBSA really asking about that but it can't hurt to have it. I did the same thing as you back in October. I quit my job and moved my stuff to my sister's house in Michigan. I don't currently have any health insurance because I don't have a job and haven't really looked into the Obamacare stuff. I've been up here since that time just on a visitor's visa. Just remember don't bring a whole bunch of stuff coming over. I know I brought some things like appliances my husband didn't have at the time and clothes but definitely don't be hauling a U-haul or anything like that. Since you have already applied for PR they'll be able to look that up in their system and see you are trying to establish status in the country. They go a little bit easier on PR applicants so you should be fine! Just make sure you state you are just visiting not living in the country even if they ask "how long have you been living in Canada" just correct them and say I've been visiting. Every time crossing in Buffalo they have asked me that question and I always correct them. I'm not sure if they are trying to trick you or not but I just always correct them just in case. Since you are married they won't really ask you any financial related questions just because I think it's just assumed your spouse will be covering your expenses while you are in the country. You are married after all. I have yet to have them ask me about that. They only time I was asked something like that was when we crossed over our first time at Port Huron/Sarnia and they just asked me if my husband had a job and where he worked but since that time nothing else about it. Also, just as precaution I have kept copies of all visitor records I have received from them just in case. So if they give you a visitor record, which if you are only asking for a month or a couple of weeks they may not do, keep those in with your documents as well. I know it can be nerve-wracking but it sounds like you shouldn't have a whole lot of issue crossing, but I should also mention my husband has been with me every time we have crossed. I've never done it alone. I'm not sure how it would go over if I was alone they might ask more financial type questions at that point. So the financial statements might not be a bad idea if your husband won't be with you. I hope that this helps! :)
 

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OntarioBound said:
Is it OK to do this? I am a US citizen, and I am planning to quit my job, move from California to Buffalo, NY (the closest American city to Kitchener, Ontario), get a tiny little apartment in Buffalo, NY or near there (so I will have an American address with all my packed belongings) and stay with my husband in Kitchener for probably a month at a time (just so we can be together) until my PR comes through.

I imagine I can drive into Canada with my CA licensed car? (It is good until Jan of next year as for the registration). I imagine it's OK for the car to be in Canada for a month?
Your car can be in Canada as long as you want. The system is *incredibly* arbitrary and no one piece is enforced by a single party.
You can drive in Canada with a US license as long as it's less than two months at a time.
There's nothing governing how long you need to leave, or any record of when your time "in Canada" started.

If you get pulled over by the cops in Canada, they may ask why you don't have an Ontario license, and you can say that you're just visiting for a month, and even if you've been there for 5 or 6 or a year they can't really verify that you haven't left and re-entered.

Until you are a Canadian permanent resident you aren't even able to import your car, just visit. Keep in mind that you may want to get your car cleared for export at some point in time.

Make sure your license doesn't expire, if you plan on getting an Ontario license eventually this is key. You are absolutely screwed if your license expires before you exchange it for an Ontario license.
 

OntarioBound

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Wow, LittleDermo,

Thank you very much for your such detailed reply. I will definitely try to bring all these documents that you mentioned that I could gather - It sounds like more information I have in the binder the better so just in case the officer requests something, I will have it with me to present to him/her. I will be traveling and going through the crossing alone most of the time, so I will see how it goes. If I am honest (but not give out any extra information) and up front and helpful with any questions they may ask, they may decide I am sincere and they can trust the information I give them. Interesting that they ask you how long you have been "living" in Canada every time. I am sure they say that on purpose, hoping to catch some slip-up's. Thank you for the tip! I will correct them too!
 

OntarioBound

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GustavesF said:
Your car can be in Canada as long as you want. The system is *incredibly* arbitrary and no one piece is enforced by a single party.
You can drive in Canada with a US license as long as it's less than two months at a time.
There's nothing governing how long you need to leave, or any record of when your time "in Canada" started.

If you get pulled over by the cops in Canada, they may ask why you don't have an Ontario license, and you can say that you're just visiting for a month, and even if you've been there for 5 or 6 or a year they can't really verify that you haven't left and re-entered.

Until you are a Canadian permanent resident you aren't even able to import your car, just visit. Keep in mind that you may want to get your car cleared for export at some point in time.

Make sure your license doesn't expire, if you plan on getting an Ontario license eventually this is key. You are absolutely screwed if your license expires before you exchange it for an Ontario license.
Thank you very much for this post. I will just need to make sure my American car insurance company covers me there in Canada also. I will need to start getting my car prepped also - make sure I get all the Recalls taken care of.
 

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OntarioBound said:
Thank you very much for this post. I will just need to make sure my American car insurance company covers me there in Canada also. I will need to start getting my car prepped also - make sure I get all the Recalls taken care of.
Make sure your insurance is covered, get it cleared for export, absolutely make sure that when you "move" to Canada that you get your car listed on a "Goods to Follow (B4)" form, as you likely won't be importing it right at that moment.

Keep a very close eye on your license expiry, make sure you have a few months left even after you plan to get your Ontario license.
Honestly, the documents the ridiculous Ontario Drive Test centers needs may not even exist, and someone may have to conjure them up for you.
For example, you need a "5 Year Abstract" aaaaaaand a document indicating how long you've had your license. Having every license renewal you've ever done on hand is very handy, but if you don't have that you've got to jump through some weird hoops to get that evidence. Feel free to contact me when that comes up. I'll be around here for at least 3 more years....