Dual Intent in Practice: Commuting to the US?

[swestenzweig]

Hi folks. I've recently through this forum learned about "dual intent" whereby a person can stay in Canada for an extended period of time while their permanent residency application is in process, provided the person can satisfy the CBSA that they intend to leave if and when the application is refused. Usually this intent accompanies a visa, but, as the US is visa-exempt, I know that's not often the case. In addition, this assumes you'll be staying in Canada for the duration. My situation is slightly different, but I'd like to see if I can still take advantage of this provision all the same.

I maintain a residence just inside the US border, and have done so for the past two years. I have a job in the US which enables me to work remotely out of my residence. My wife and kids are all living in Canada, within an hour's drive from the border. Right now, I stay in the US during the work week and "visit" our home in Canada on the weekend. Once my sponsorship approval comes through, I'd like to stay in Canada and just commute back and forth to the US every day during the week to do my work.

Am I right in thinking that this should be acceptable to CBSA under the "dual intent" provision?

 

[scylla]

Unfortunately whether you are allowed into Canada or not is up to the officer you encounter at the border. And each time you enter Canada is effectively treated as a new entry. You can certainly use dual intent and try to go back and forth on a daily basis - but this doesn't mean they have to accept it or let you in.

Get a nexus card if you don't already have one. That should reduce the risk of issues.

Also - don't ever get into an argument (or even a discussion) with an officer about whether or not you should be allowed in. If it looks like you're going to be denied entry, take the denial - don't argue and risk turning that into an exclusion order.

 

[rugrat907]

Is there not a way to work remotely from Canada? That would work too, assuming you are working for a U.S. company and not doing work for any Canadian clients. You could have a 6 month visa, do the extension if needed and not have to bother with all the border issues...

 

[swestenzweig]

Unfortunately whether you are allowed into Canada or not is up to the officer you encounter at the border. And each time you enter Canada is effectively treated as a new entry. You can certainly use dual intent and try to go back and forth on a daily basis - but this doesn't mean they have to accept it or let you in.

Get a nexus card if you don't already have one. That should reduce the risk of issues.

Also - don't ever get into an argument (or even a discussion) with an officer about whether or not you should be allowed in. If it looks like you're going to be denied entry, take the denial - don't argue and risk turning that into an exclusion order.

Thanks for your input, scylla. I do have a NEXUS card, and it has minimized the questioning exponentially. I realize all to well that it's ultimately up to each individual CBSA officer I encounter whether to admit me or not; my intent here is to try and avoid any obvious holes in my plan before I exercise it.

As long as there isn't anything I'm overlooking, I'm going to proceed with my plan to commute back and forth (using the NEXUS entry). If I start to encounter regular resistance (beyond the odd officer interrogating me a little more intensely), I'll adjust my plan accordingly. At worst case, I know there are no problems with what I am doing now, so I wouldn't risk an exclusion just to travel back and forth more often.

Is there not a way to work remotely from Canada? That would work too, assuming you are working for a U.S. company and not doing work for any Canadian clients. You could have a 6 month visa, do the extension if needed and not have to bother with all the border issues...

Under normal circumstances, yes, I would be able to just work remotely full-time from Canada (I work for a US company with no Canadian clients). Unfortunately, I have commitments and responsibilities at my residence in the US that require me to be here at least a few times a week. I am in the process of remedying those, but until I can, I need to be able to go back and forth.

 

[RWoods]

I had a similar situation while my application processed. I worked in the states and husband lives in Canada on a border city so I would cross the border daily during the week for work. I was given a Visitor Record presumably to make my border crossings easier. Technically I could have been not allowed to enter because VR's don't guarantee entry but with the VR and proof I had an application in process I was never given any hassle. From my experience CBSA is lenient on people with applications processing so unless you happen to catch an officer having a bad day I wouldn't think you would have a problem.

 

[Rob_TO]

Considering you would have a PR app in progress, a home in the US, and full time employment in the US, I would say the chance of being refused into Canada is incredibly low for you.
Just make sure at every crossing you have proof of PR app, proof you own/rent a home in US, and proof of ongoing employment the US.