Extending Visitor Stay vs. Looping the Flagpole

[zibi762]

My boyfriend, who is American has been "living" with me in Canada since June as a visitor. We have an outland sponsorship application in process, which we were hoping would go through before his 6 month visitor period was up, but it doesn't look like that's going to happen.

We live relatively close to the border, and I'm wondering if anyone has experience with just "looping the flagpole" and re-landing as a visitor instead of applying for an extension? We're sort of confused, because when he went through customers in June, his passport was never stamped, so I don't know how anyone at customs would know when he arrived anyway? If we went to the US for a day and returned, would that be sufficient? Or is it likely he would get turned away at the border?

 

[Ponga]

It's always risky to physically leave Canada with the intent of returning immediately...even for an American. The fact that he has an active PR sponsorship application is good, but he must also be prepared to convince the CBSA officer that he encounters that he is NOT living in Canada...but in reality, he likely is, right? If he has strong evidence that he still has ties back to the U.S., such as a home, bank account(s), employment, etc., his chances of being allowed to re-enter would be pretty good, but still not guaranteed. This link explains what dual intent is and how CBSA officer's use that to assess a foreign national when they are seeking entry (or re-entry) into Canada:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

IMHO, It's safer to apply to extend his visitor status online and can even be done the day before his current status expires. Providing proof of the PR application will all but guarantee that the extension will be approved.

 

[carr1]

I am a U.S. citizen and been with my husband since last October in Ontario, I've always applied for an extension just to be safe. We live near the border also and it's always stressful for us when we cross and come back to ON, the last time was down right miserable and the agent finally let me cross once I showed him my official extension letter even though that doesn't guarantee multiple entries. For us it was worth the $100 to apply, the old better be safe than sorry. I applied again in September but current processing times are over 100 days, my current extension expired 2 weeks ago but I applied before it expired so from what I understand I'm on an implied status now.
I've never had my passport stamped when crossing but the agents scan your passport so they always know when you arrived last.
It's always risky to leave and come back as the agent at the border can always say no. Sometimes it's luck of the draw of you will get a nice friendly agent or one that will 20 question you.

 

[epmarshall]

I am a U.S. citizen and been with my husband since last October in Ontario, I've always applied for an extension just to be safe. We live near the border also and it's always stressful for us when we cross and come back to ON, the last time was down right miserable and the agent finally let me cross once I showed him my official extension letter even though that doesn't guarantee multiple entries. For us it was worth the $100 to apply, the old better be safe than sorry. I applied again in September but current processing times are over 100 days, my current extension expired 2 weeks ago but I applied before it expired so from what I understand I'm on an implied status now.
I've never had my passport stamped when crossing but the agents scan your passport so they always know when you arrived last.
It's always risky to leave and come back as the agent at the border can always say no. Sometimes it's luck of the draw of you will get a nice friendly agent or one that will 20 question you.

I agree with this. The $100 seems a small price to pay rather than run the border risk again.

If the two of you are going to have anxiety when questioned, just extend it online. I find that the anxiety really does a number on me when crossing, which draws the border guard's attention even more. Maybe it'd be okay if you're one of those people that's good under that type of pressure, but it seems risky. I'll be doing it online when the time comes for myself. Just my view, though.

 

[zibi762]

Thanks for the input!

It's not really even about $100, since taking a trip across the border would actually end up costing us more. I think I'm more concerned about filling out something for the visitor extension incorrectly, and having it denied.

As far as implied status goes, as long as the application is received more than 30 days before his visitor status expires, he can stay under implied status?

How did you guys fill out the financial part of the application? My boyfriend works remotely as an independent contractor for companies in both Europe/US, so he's been continuing to work while here as a visitor. My understanding was that this was allowed - do we explain that this is how he will support himself financially? Or just write a letter saying that I will support him?

 

[Ponga]

Thanks for the input!

It's not really even about $100, since taking a trip across the border would actually end up costing us more. I think I'm more concerned about filling out something for the visitor extension incorrectly, and having it denied.

As far as implied status goes, as long as the application is received more than 30 days before his visitor status expires, he can stay under implied status?

How did you guys fill out the financial part of the application? My boyfriend works remotely as an independent contractor for companies in both Europe/US, so he's been continuing to work while here as a visitor. My understanding was that this was allowed - do we explain that this is how he will support himself financially? Or just write a letter saying that I will support him?

As long as the extension request is received by CIC even one day before his status expires, he'll have implied status. CIC likes to have at least 30 days, but it's not a mandatory requirement.

And yes, working remotely for a company or individual outside of Canada does not require a work permit. You can use his income and/or yours to show how he will be `clothed and fed' while he's here.

 

[epmarshall]

How did you guys fill out the financial part of the application? My boyfriend works remotely as an independent contractor for companies in both Europe/US, so he's been continuing to work while here as a visitor. My understanding was that this was allowed - do we explain that this is how he will support himself financially? Or just write a letter saying that I will support him?

We're still early on in the process and haven't actually extended my stay yet, but should be due to extend it early next year.

Good luck on your extension!

 

[zibi762]

Thanks everyone!