has anyone moved to Canada before Permanent Residency is approved?

[davidgarcin]

Hi,

I'm Canadian and my wife is American, we currently live in the US. We applied for permanent residency for her in January, outland through Buffalo. It's a straight-forward case, so we hope that she will get approved by the summer sometime. However, there's always the possibility of procedural hiccups and delays, so we are considering the possibility of moving to Canada before her PR is approved.

Does anyone have any experience doing this? A US citizen can visit Canada without a visa for 6 months, provided they can prove they intend to return at the end. Obviously we would have no intention of returning if the PR is approved within that six months. We would have to give up our apartment and my wife would have to give up her job, so we wouldn't have many ties to the US. We would have all of our furniture, belongings, etc with us, so I feel like it would be hard to convince an IO that it was just a visit.

Any experiences?

Thanks.

 

[Leon]

It would be safer if you both first go to visit together. You could even have the u-haul packed. Then you go back alone and fetch all your stuff.

 

[TreeLover]

I'm American and my partner is Canadian and we were living together in the USA. I did it this way: my partner moved up a truck full of his belongings to BC in August 2010 to go look for a job (he had a place to stay in a friend's house). He came back in October and we sold most of our furniture and packed up the rest of the stuff in my car and a uhaul trailer. I left most of my things (that I didn't need with me) in storage in Bellingham, WA and then we repacked so all of my things were in my car and all of his things were in the trailer. Of course some of his things were "our" things as we share them, but we said they were his. I don't necessarily recommend doing it this way, as it's risky, but it did work for us. I guess we got a nice IO. I hadn't filed my application yet (because I was waiting for the FBI report), but I had it filled out and had done the medical and we paid for fees the day before we crossed. The IO didn't ask for my USA address, but asked instead if I rent or own a home in the USA. So, I was honest and said, that I have a mailing address and my things are in storage in Bellingham, WA. He laughed when I said that as I'm sure he's heard that before, or maybe because I was honest?! He did think I had kind of a lot of stuff with me: I had clothes, skis, a bike, guitar, violin, camera, computer - but no furniture. He said that he looked at the application and I shouldn't have a problem being approved. Since we hadn't filed yet, he didn't think it would be done in 6 months, so he gave me a visitor record for 9 months. I've now been in Vancouver for 4 months, application filed 3 months ago.

So it is possible to do it with the uhaul, although no one on here will recommend that, I'm sure. It would be better if you can store some of your wife's things just over the border too, if she doesn't need them during the wait. The furniture, et al, you can say is yours. Also, I think it's better if you cross together as that is what everyone seems to say on this forum. If she comes over later for her "visit," then you should cross the border to be with her when she does. Although, maybe some others have experience with crossing alone that is positive too.

I just wanted to present my experience as it was positive for this type of situation. I think it also depends on what IO you get, which is just luck, of course. You already applied, so that gives you an advantage. Did you get the sponsorship approval already?

 

[Baloo]

Hi,

I'm Canadian and my wife is American, we currently live in the US. We applied for permanent residency for her in January, outland through Buffalo. It's a straight-forward case, so we hope that she will get approved by the summer sometime. However, there's always the possibility of procedural hiccups and delays, so we are considering the possibility of moving to Canada before her PR is approved.

Does anyone have any experience doing this? A US citizen can visit Canada without a visa for 6 months, provided they can prove they intend to return at the end. Obviously we would have no intention of returning if the PR is approved within that six months. We would have to give up our apartment and my wife would have to give up her job, so we wouldn't have many ties to the US. We would have all of our furniture, belongings, etc with us, so I feel like it would be hard to convince an IO that it was just a visit.

Any experiences?

Thanks.

A visitor is not allowed to move to Canada.
You can visit, and many people extend their stay.

Getting caught will normally result in refusal to enter Canada, of course you could be banned if the IO wishes.

It is far easier to follow the rules.
Why gamble?

 

[j2m]

I would agree with "Leon" and "TreeLover". I would not try to cross with your wife and a U-Haul, pretty risky. If you bring the trailer up, by yourself, you shouldn't have issues because you are a citizen.
I am from the US and I stayed in Canada while my PR application was being processed (1 1/2 years) and 1 year prior to submitting my application. I didn't have any problems staying.

 

[davidgarcin]

I just wanted to present my experience as it was positive for this type of situation. I think it also depends on what IO you get, which is just luck, of course. You already applied, so that gives you an advantage. Did you get the sponsorship approval already?

Thanks for the experience, TreeLover. We're expecting the sponsorship approval any day now.

Baloo, I'm well aware that a visitor is not allowed to move to Canada. But as TreeLover's experience shows, there seems to be a grey area. The IO was aware of the pending application and certainly there's a question of whether it's a visit or a move, but it did work.

 

[scylla]

But as TreeLover's experience shows, there seems to be a grey area. The IO was aware of the pending application and certainly there's a question of whether it's a visit or a move, but it did work.

davidgarcin -

I think there's definitely a grey area. There are people such as TreeLover who crossed with a uhaul and had no issues. There are also at least two members of this board who were banned from entering Canada for a full year for trying to do the same. So I guess it comes down to how comfortable you are with the risks of trying a uhaul crossing now that you know both the positive and negative possible outcomes.

Good luck regardless of which way you decide to go!

 

[sithvixen]

You are going to have to provide proof that she is going to leave. That burden is up to you and it needs to be fairly convincing and solid. You said you don't have any, well you are going to have to make some then! Also keep in mind that I have heard that if a non citizen rides up in a car with a citizen (especially if the car belongs to the citizen), it can kind of look bad; how are they going to get back home? At least that is what the officer will consider. So you need to either have airline tickets or something else proving she is going to leave and have somewhere to live in the USA. An address, bank accounts, return ticket, etc.

One thing that may or may not work is the fact if you apply outland, it takes about 6 months to process, sometimes less. At that point she HAS to leave and then re-enter with the visa. This is still within the visitor time limit. Showing the immigration receipts and case number can prove this. But I wouldn't totally rely on it, because if there are delays, they still want to know she will follow the law and leave.

So yeah, the lesson here is she needs to have proof. No proof = likely denial of entry.

 

[TreeLover]

actually, you can also apply for an extension to stay longer rather than re-crossing the border. Just do it before your visitor record expires. If you don't get a visitor record, then you will have a passport stamp date instead.

I think my successful crossing with a uhaul was "luck," and so I'd be wary about doing what I did. It was my partner who insisted we do it that way. I wanted to cross separately, as I was afraid they might not let me in. As for now, I'm staying here until I get my PR. I don't want to cross over the border again unless it's absolutely necessary. My 9 month stay is reset if I cross again and they could give me less time.

 

[Baloo]

Baloo, I'm well aware that a visitor is not allowed to move to Canada. But as TreeLover's experience shows, there seems to be a grey area. The IO was aware of the pending application and certainly there's a question of whether it's a visit or a move, but it did work.

I am aware that some people do get away with it, but it is not a grey area, CIC are pretty clear that people can only "visit" as a visitor.
If you look like you are making a "move" , life will get real difficult, very fast.

It is your call if you want to deal with a possible ban.
Why not adjust what you are doing to abide by the rules, then you wont have to worry about it (as much).

A real visit, and an application to extend is the best way forward IMO.

 

[etoile]

We moved from Switzerland before having DH's PR. I am the Canadian citizen, all our stuff was sent in our container in my name. When we entered Canada we told them we had a PR application filed and provided proof that he was insured and still had his company in Switzerland. We told them the truth, we wanted to enroll the children sooner rather than wait on the PR. They were fine and my husband comes and goes back and forth to Switzerland. He always carries the documents necessary and he's never been given a hard time (knock wood). We are just careful to keep everything in my name (since he has no right to settle here yet). Doable, but you have to make sure you are honest with them and have a plan in case the PR doesn't come through (unlikely, but you never know.). He's not really "living" here he's waiting out as a visitor and does not work here. He is following the rules. We are always honest at the border.

We would leave he wasn't granted a PR. I wouldn't want to live anywhere that did not accept my husband, even Canada.

Olivia

 

[Abacogringo]

talking to local MP it's quite usual for this to happen....they give visitor visa i think. Apparently many canadian/american couples do this all the time... in fact the spouse can work in US but reside in CAN just let them know that PR is in process etc etc. not a biggie

 

[Morena]

We are a canadian/american couple and we are thinking about doing this too. Just stay with my husband(canadian) for a visit....a long one, as much as they let me stay. App fees paid and sponsorship approved. But we are worry about that i have no job in USA, i'm taking care of my baby here and my husband support me. I really don't know how difficulft can be to cross the border without having a job back home.

 

[Andrew 31]

These answers are so conflicting.
And scary.

What is the real answer? I need to know.

Our application has gone through the initial approvals, so now we just wait for the final approval.
I am about to buy my tickets for flying from overseas with our (Canadian) son to Canada approx. 5 months into the application process.

My wife will obviously be considered a visitor for up to 6 months when we first arrive.

Is it true that a visitor cannot become a PR?
Will she get banned from Canada because we moved there as a visitor while waiting for the PR?

I thought that if we update our outland application with my new Canada address we could just switch her from visitor to PR?

 

[Andrew 31]

Basically I will be switching my wife's status from VISITOR to PERMANENT RESIDENT.

From the CIC website, it says

"Becoming a permanent resident of Canada

To stay in Canada as a permanent resident, you must leave the country and apply from outside Canada, except in the special cases listed below. To become a permanent resident, you must meet Canada's immigration requirements.

You can apply to become a permanent resident from inside Canada if you:

are a refugee or a protected person,
are a spouse or common-law partner of a Canadian citizen or permanent resident,
are a live-in caregiver,
hold a valid temporary residence permit or
are applying under the Canadian Experience Class."

So what I am doing, according to this, is totally allowed.