How can he move and live in Canada while awaiting approval?

[SuiGeneris]

I'm quite confused.

My boyfriend and I have been together for about 2 1/2 years. We still need to get our marriage certificate and then begin the process for spousal sponsorship. He's American, I'm Canadian, I want to sponsor him to Canada. He's in Pittsburgh, I'm in the GTA.

How can we live together in Canada while waiting for approval? What would we say at the border?

 

[SuiGeneris]

Does he need some kind of visa? I don't want him to act as a visitor because the rough plan is to drive to Pitt, get our marriage certificate, apply outland, get him, stuff my car with his belongings, and return to Canada with me to live.

What can we do for this to be realistically accomplished? What options are there? I just know that if an officer sees the car stuffed with his things and he's posing as a visitor, it wouldn't fly. So how would we do it?

 

[Ponga]

Does he need some kind of visa? I don't want him to act as a visitor because the rough plan is to drive to Pitt, get our marriage certificate, get him, stuff my car with his belongings, and return to Canada with me to live.

What can we do for this to be realistically accomplished? What options are there? I just know that if an officer sees the car stuffed with his things and he's posing as a visitor, it wouldn't fly. So how would we do it?

That would be a very BAD plan, because he cannot legally live in Canada until he has been granted PR status.

He can certainly come to Canada and, if allowed entry by CBSA, can remain in Canada with you as a visitor. Having proof that a PR application has been submitted and that he still has strong ties to the U.S. (job, home, bank account, return ticket [refundable]) would be good to have.

 

[swestenzweig]

Ponga is right; he is a visitor until he receives status in Canada through a completed PR. If he tries to act otherwise he's going to run into problems at the border very quickly, the consequences of which can be severe.

My advice is to keep doing whatever it is you've been doing for the past 2 1/2 years and begin the process of filing for the outland PR application right away. Preparing the PR for submission is a time-consuming process that can span several months of filling out forms and waiting for the necessary documentation, police clearances, and medical screen to be completed. Even if it's just a private civil ceremony, get your marriage completed and submit your application for a marriage certificate immediately (in Ontario this can take up to 12 weeks after the marriage).

Once you've submitted your PR application, then you can look at having him come up as a visitor for an extended stay. It is unlikely he will be able to work during that time and he will still need to maintain a US address, but at that point the CBSA (border agents) will likely grant you a little more latitude since you have formally applied for status within Canada. Even after you've submitted there are no guarantees at the border, so make sure you're both carrying that extra proof Ponga mentioned every time you cross and try to stay under the radar. If you cross often, consider applying for a NEXUS pass.

Oh, and watch your speed on the NY Thruway.

- Another Pittsburgher who met his wife in the GTA

 

[Abrassain]

I submitted the application to sponsor my husband in June 2014 and received sponsorship approval in August 2014. In September, we crossed the border into Canada with a uhaul truck full of his things. We told the border official that I had sponsored him, was approved, his application for PR was in Ottawa, and that I would like for him to stay with me until he receives COPR.

They directed us to the office where they asked some questions and then gave him a 6 month visitor record. It's a piece of paper that they stapled to his passport. He's been living here with me since then which has been nice because our application is progressing at a very slow rate.

He goes back to the States once a month to visit his family. We haven't had any issues so far.

 

[Ponga]

Doesn't his leaving Canada before the expiry of the visitor record, in essence, terminate that document? When he re-enters Canada do they just give him the standard 6 months (without issuing another VR)?

In your case, the fact that you were already approved as his sponsor may when he arrived at the border, have been the foundation for why he was so fortunate.

A person that arrives with all of their worldly belongings before the process has even begun, may not be so lucky.

 

[RWoods]

When my application was pending I had a visitor record. I lived with my husband and commuted to work everyday in Detroit. I even told CBSA I was living in Windsor waiting for my PR application to be completed when they asked...I would have used different language in retrospect but at the time didn't know any better because the officer who issued me the visitor record told me I could move.

Anyway, I think there is a lot of gray area about what a Visitor Record is and what it allows you to do. My VR was granted to 3 months, I left Canada every week day and returned with the same VR and had issues at the border, was never sent into secondary. Then when it expired I requested to talk to immigration on that next border entry and was issued a new VR with a 1 year expiration. I received my COPR before that VR expired.

 

[rhcohen2014]

from my experience, when CBSA sees you have permission to be in canada until a future date, they let you through with no issue. having a future date stamped in my passport was the ONLY time in 1.5 years that I didn't have to go into immigration while crossing the border. i think they see you've already been evaluated and they allow entry until that date. i'm sure it's also a case by case basis depending on the answers given at primary and what's written in the system about you.

 

[Amalthea]

Not a good plan! It's the border official's job to determine if your partner is going to live or work illegally in Canada. Showing up with all his stuff would be a no-no.

Personally, I waited until we had SA and then drove up with my dog, and a suitcase. I still had to tell the border guard I had a job, that I wasn't planning on staying longer than 6 months, that I was returning April 5th (lol). Make sure you wipe your phone! Or at least delete anything in there about "moving to Canada" as IF he gets pulled into secondary, you don't want them to see that

All my stuff is still in the states. If the sponsorship process isn't done before my 6 month visit is up, I'll apply for an extension, which they often grant for people waiting on PR applications.

You could always apply Inland, as people have actually been receiving OWP's in around 4 months. However, it's a much longer process in total than Outland. Personally, I prefer (i NEED lol) to work so I would do Inland if I was applying at this point only because of the OWP pilot, but weigh the pros and cons.

 

[Amalthea]

You cannot say moving at the border. You say you don't want him to act as a visitor, but he needs to. Never say the word "move" just "visit". Even if his intention is to stay with you for the length of the process, and apply for the necessary extensions, at the border he needs to say he is visiting.

 

[rhcohen2014]

You could always apply Inland, as people have actually been receiving OWP's in around 4 months. However, it's a much longer process in total than Outland. Personally, I prefer (i NEED lol) to work so I would do Inland if I was applying at this point only because of the OWP pilot, but weigh the pros and cons.

it is still NOT proven it ONLY takes 4 months to receive an owp!!!!! THere are maybe only 2 applicants on this forum that applied for PR after Dec 22 and claim to have gotten an owp already. First of all, it hasn't actually BEEN four months since the pilot program started, so how can you say that's the best option? we don't have all the information needed to say for SURE this is the best option. RIGHT NOW, it's still advised to go outland since a majority of visa offices approve applicants in 6-10 months. I don't see how applying inland is a better option when for all we know it could still take 6-8 months to receive an OWP, which means MOST people would have TOTAL approval if they apply outland. please know the facts before spouting misguided information.

 

[Timmy Hoho]

This is a great thread because it's something that my wife and I have been discussing.
I was hoping to "move" up there after the school year finishes in the States (I'm a teacher).
We were planning on driving all of my stuff up to the GTA but it's looking like that would be
a bad idea from what I've been reading.

When crossing the border, I'm just looking to tell that that I'm there for a visit. It won't look suspicious if I
have multiple stamps on the passport from bouncing between Canada/US?


How do I apply for a visitor's record? I think it's safe to assume that our application won't be fully processed
until late Summer/early Fall.


I love this forum.

 

[rhcohen2014]

When crossing the border, I'm just looking to tell that that I'm there for a visit. It won't look suspicious if I
have multiple stamps on the passport from bouncing between Canada/US?

correct, you are there to "visit" your wife. no, it will not look suspicious if you have multiple stamps. they see in their system every time you cross, so it's not going to be a big surprise to them.

How do I apply for a visitor's record? I think it's safe to assume that our application won't be fully processed
until late Summer/early Fall.


I love this forum.

you don't "apply" for a visitor's record. a visitor's record is GIVEN to you at the border if CBSA feels the need to track the amount of time you spend in Canada. in my opinion, it is not a wise thing to ask for a visitor's record when it's possible to just cross without being put in their system. i don't understand the need for asking to be flagged in the system when it's not necessary. let CBSA decide if one is necessary!

 

[Amalthea]

it is still NOT proven it ONLY takes 4 months to receive an owp!!!!! THere are maybe only 2 applicants on this forum that applied for PR after Dec 22 and claim to have gotten an owp already. First of all, it hasn't actually BEEN four months since the pilot program started, so how can you say that's the best option? we don't have all the information needed to say for SURE this is the best option. RIGHT NOW, it's still advised to go outland since a majority of visa offices approve applicants in 6-10 months. I don't see how applying inland is a better option when for all we know it could still take 6-8 months to receive an OWP, which means MOST people would have TOTAL approval if they apply outland. please know the facts before spouting misguided information.

I have seen way more than 2 people claim they have gotten OWPs, especially on FB Inland groups. Last one I saw was from January 12th. I really doubt that ALL of these people are lying.

Ottawa is definitely not taking 7 months. More like 8-10. It has slowed down, of course, as it is always in flux.

I never told them what to do, R. I said that for me, the OWP is much more appealing than a faster PR. Several months of lost income, and I could have been with my partner 6 months ago. I told them to weigh the pros and cons of both. Calm down.

 

[Amalthea]

http://puu.sh/hdEGh/f85223885c.png

OWP recvd last week, applied for January 27th.

It's still very new and I absolutely agree with you that we don't know how it's going to change, or if they will continue to deliver on this 4 month thing. I'm not trying to be flippant about that. But people are receiving OWPs.