Entering Canada before or during application?

[macros]

Hello everyone, I've been curious about something but haven't been able to find any real answers about it. My wife is going to be sponsoring me into Canada. And even though we're already legally married (paperwork all done and whatnot), we're not having a proper ceremony until early July. Obviously I need to go up there for it, and I plan to go up as a visitor for as long as they will allow me to visit. Hopefully I can remain there as a visitor until it all goes through.

What we want to know is if we should submit our application right now, asap, or wait until after I am already up there visiting? If we send the application right away will it cause problems for me to try and enter Canada afterwards? I don't want to do anything that might cause problems with the application. We wonder if it would be easier for me to go up as a visitor, bringing all the paperwork with me so I can show them it all, and explaining to the border agents that I am going as a visitor and that we are sending in the applications as soon as I arrive?

Thank you for any insight you may provide!

 

[CharlieD10]

Are you visa exempt or not? Because if you are non-visa exempt, you are going to have a VERY difficult time ahead of you convincing them to give you a TRV. Non-visa exempt spouse/partners are routinely denied TRVs, as they are considered "high risk" for over-staying.

If you are visa-exempt, it will be simpler for you, but not automatic. Ensure you have as much of the paperwork already prepared that you can, if you don't already submit the application before you go. Do things like pay your fees and take your medical, if practicable and financially possible, to show that you intend to go about things properly, and have all the evidence possible of your intentions to return to your home country (letter from employer stating when you are expected to return to work, copy of lease, bank statement etc).

 

[macros]

Yes, I am visa exempt. When I go up there I am planning on spending as much time as possible up there visiting, but will get a return ticket as hopefully further evidence that I do plan to go about things properly, as well as other proof.

I'm thinking it might be best to take all the application stuff with me to show we intend to go about everything properly when I get to the border. I'll also most likely be traveling with my wife when I go up to visit as well.

 

[CharlieD10]

Well, good for you. That being the case, yes, ensure you have as much of the paperwork etc done, and yes, it can be a good idea to take it with you. It has been good for some persons to travel with their spouse, if you can do so, it will be another plus.

Definitely, definitely purchase a return ticket with a reasonable period of return on it (2-4 weeks). Longer periods of return are likely to invite more questions. My husband does not need a visa to come to Jamaica (of course) but when they saw a 7 month return on his itinerary, they sent him to secondary inspection here in Jamaica, and asked him a lot of questions about his proposed visit. They were not fully convinced of his intentions, and logged him into the Immigration system to be stopped on departure and asked to provide documentation relating to our marriage (he told them he was coming to get married); he was given 3 months to stay in the country, we had to pay for an extension, and he was asked to produce our marriage certificate when he was leaving the island! Having to pay $75 to change your ticket is a small price to pay for avoiding that kind of hassle, so just a suggestion for you there.

(On a good note, now that Jamaican Immigration has proof that my husband was telling the truth about his visit, he gets waved through Immigration via the Citizens' line, rather than needing to use the one for foreign nationals, LOL.)

 

[macros]

Thanks for the insight Charlie!

We are also wondering though, since I would like to stay with my wife as long as possible, is it possible to extend my visit permission so I can remain living with her while the application goes through if we apply inland? Or will they not let me stay that long?

 

[CharlieD10]

If you are from a visa exempt country, what is your reasoning for applying inland? Most of such countries process a straightforward Outland application in less time than an inland application requires for first stage approval (currently taking 9-10 months). Additionally, you would not be able to work or access health care until you receive that first stage approval, and if your file is transferred to a local office without first stage approval, it can take another year or more before you are interviewed and approved, depending on how busy the office responsible for your area is.

You have the right to apply Outland, regardless of your location. Consider all the pros and cons before you go the Inland route.

 

[macros]

We've been forced to spend so much of our time apart because of this, as I'm sure many others here do. My reasoning for inland was, the way I understood it was if we applied inland I could remain with her up in Canada while it all went through, where as if we went Outland that would not be possible. If we go the outland route would I be able to somehow remain as an extended visitor still?

 

[CharlieD10]

Outland refers to where the application is processed, NOT where you are residing during the processing. You always have the right to apply outland regardless of where you live, and you retain the right to appeal if something goes wrong (unlikely but not impossible).

Many persons who can do so, choose to visit with their spouse during the processing of their application. If there is an interview, you will have to return home for it, but in many cases on these boards the interview is waived and such visiting spouses need only send or take their passports to the visa office to be stamped with the visa and they land, either on return or by going to a border entry.

On entry into Canada, provided you satisfy the border agent, you can be admitted for up to 6 months, and if your visa processing extends beyond that, you can apply for an extension of your visitor status, stating as your reason that you are waiting for PR.

 

[macros]

On entry into Canada, provided you satisfy the border agent, you can be admitted for up to 6 months, and if your visa processing extends beyond that, you can apply for an extension of your visitor status, stating as your reason that you are waiting for PR.

Thank you so much Charlie! I got some of my information mixed up but you've cleared it up for me. I was suddenly starting to worry there would be a problem.

I really don't think I'll have too much trouble getting up there. I have every intention of doing this right and am going to have all the application stuff with me and most likely will be traveling with my wife as well. I'm going to try and stay as long as possible and get extensions hopefully as needed. I assume even if I'm doing that I should make sure I have a return ticket anyway just in case so that they will realize I'm not looking to overstay my welcome.

 

[CharlieD10]

You should always have a return ticket. An extension is not guaranteed, although a refusal is unlikely it is not beyond the realm of possibility. And you never know what could happen back "home" that might necessitate your return before you expect to, either.

 

[Stumpedmom]

Macros where do you reside, you keep referring to going up there...

from my experience with my husband from the US, mind you he keeps coming for a week at a a time, the last time we crossed at the border (Detroit) we explained that we were married, he was coming for a visit, they did ask for how long, but if you have your fees paid, more often than not they will not have an issue with it. That's my understanding of what I have read from others who have gone through the immigration process from the states....check out the thread for Buffalo applicants if that is the visa office you are going through

 

[Trish1982]

Hello!

We applied outland thru Buffalo. My husband is American. We submitted application in November 2010 it was received in Mississauga December2nd 2010 and my husband came To Canada December 17th as a visitor for Christmas. He's been here since. His visitors record expired March 16th 2010 so we applied for an extension before expiry, and this morning he just got his extension.....until MAY 2013!!! Long time Of course, since he is on a VR he cannot work or go to school and must abide by the vr conditions which is fine for us since hes home taking care of the babies while i work

There is this thing called Dual intent....you should look into it. Basically it's when you come to Canada as a visitor, but have a pending PR application. So, "Visiting" is when you show no intent to stay in Canada...which is a reason why they would refuse you entry, but having a application pending shows that you do have intent to stay in Canada.....so jeez im not explaining it well. lol Google Dual intent!

 

[mossee]

So after reading many posts about this, including googling "Dual Intent", I'm still not really sure exactly what is ok or not. LOL.

My husband has a ticket booked to fly up to Canada from the USA on May 31 (YAY!) and I want him to stay with me while we wait for the PR application to go through. I hope that this will be accomplished by end of summer? He has not purchased a return ticket yet. But his bank account and his entire family are in the USA. Are we going to have problems with him coming up? I will bring our receipt, sponsor approval letter etc. with me while we cross at Peace Arch.

This issue has been running through my head and I just can't seem to figure it out. Any help would be appreciated!

Thanks!

 

[mmshock]

I've now Googled "Dual Intent" and am extremely intrigued!

I feel that if myself and my sponsor were educated enough we could get across the border with all his stuff to move back, no problemo. While I intend to help him move and visit the area, I do need to go back to export my car, go to a wedding and do some work on my house (which I own). And I'll have proof of all of this!

Does anyone have any experience with this? how do you "claim" it? can you apply before visiting?