How frequently can my U.S. partner visit Canada while waiting for PR??

[dubya]

My partner is a U.S. citizen and I am Canadian sponsoring him for PR under family class. The PR application was submitted from OUTSIDE of Canada, as at the time of submission my partner was still attending school full time in the U.S. and could not move with me when I returned to Canada for work. We both live close to the border and we visit each other every weekend, taking turns traveling back and forth.

My question is now he is finished his course work in the U.S. and he has enrolled in an online program at a U.S. university. I am hoping that now that he does not physically need to be in the U.S. as much, he can come for longer/more frequent visits.

He would maintain his residence in the U.S., but we were wondering if he could come and stay with me in Canada for a period of 2 weeks to 1 month, go back to the U.S. for a few days, then come back to Canada for 2-4 weeks, etc. all as a visitor without any type of visa?? I have looked everywhere and there doesn't seem to be any guidance regarding how long he can stay as a visitor or what happens if he is spending 80% of his time in Canada as a visitor. If we did this, how likely is it that we run the risk of having a border agent accuse him of trying to "live" in Canada without valid status? Would it be better for him to declare that he’d like to visit for 6 months instead, and then try to apply for an extension of this from inside Canada?

Also, would this have any effect on the processing of the PR application if, for example, he were to be denied entry into Canada because they think he is living here?

Please, anybody who has any knowledge or experience with this type of situation, I sincerely need your help!

 

[rhcohen2014]

as long as he maintains residence in the us, and continues his study in the us school, he will be fine. It's recommended he carry his lease agreement and proof of pr application in case they ask him. more likely than not, as soon as he says he has a pr application in, they will verify it's been received and let him through.


noone can tell you a set rule for how much a person can cross the border. it's person specific and depends a lot on the agent you encounter. the cbsa agents will tell him if they think he is visiting too much, and they will talk to him about it before doing anything severe. When a pr application is in, they are more lenient with crossings.

 

[Alurra71]

My partner is a U.S. citizen and I am Canadian sponsoring him for PR under family class. The PR application was submitted from OUTSIDE of Canada, as at the time of submission my partner was still attending school full time in the U.S. and could not move with me when I returned to Canada for work. We both live close to the border and we visit each other every weekend, taking turns traveling back and forth.

My question is now he is finished his course work in the U.S. and he has enrolled in an online program at a U.S. university. I am hoping that now that he does not physically need to be in the U.S. as much, he can come for longer/more frequent visits.

He would maintain his residence in the U.S., but we were wondering if he could come and stay with me in Canada for a period of 2 weeks to 1 month, go back to the U.S. for a few days, then come back to Canada for 2-4 weeks, etc. all as a visitor without any type of visa?? I have looked everywhere and there doesn't seem to be any guidance regarding how long he can stay as a visitor or what happens if he is spending 80% of his time in Canada as a visitor. If we did this, how likely is it that we run the risk of having a border agent accuse him of trying to "live" in Canada without valid status? Would it be better for him to declare that he'd like to visit for 6 months instead, and then try to apply for an extension of this from inside Canada?

Also, would this have any effect on the processing of the PR application if, for example, he were to be denied entry into Canada because they think he is living here?

Please, anybody who has any knowledge or experience with this type of situation, I sincerely need your help!

How long ago did you apply for him? Have you received your sponsorhip approval yet? Most of the US applications are taking roughly 5/6 months to process, at least current trends show this. It is much faster than the posted timelines.

 

[dubya]

Thanks for your helpful responses!

The news about the processing time is certainly encouraging. Yes, as a matter of fact I just received my sponsorship approval letter recently and the application has been forwarded to Ottawa. Do you think that this letter would be something that my partner should show at the border?

Also, one point that I'm still confused about is that from what I've been reading, it seems like it could be more difficult to gain entry to Canada as a visitor if you have a PR application pending as it suggests to the border guard that you do have intent to live in Canada and it could be more difficult to prove that you intend to go back to the U.S. So, if my partner were to cross the border and mention that he has his PR application under review, could this not lead the border agent to be suspicious that he may be planning to stay in Canada? Or, is this less of an issue for U.S. citizens who cross the border often? Thanks again!

 

[rhcohen2014]

yes, have your partner bring whatever proof he has about the application. when he gets to the border, they will look up his application in the system to confirm it's been submitted.

no, for US citizens and visa exempt applicants, having an application in the system (or proof of intentions to apply) actually help you cross the border. They prefer when spousal visitors know the rules and follow them. They may ask him to show proof of ties to the us, so it's usually recommended to carry that, which in his case is proof of being enrolled in a us school and an apt lease. what you are reading about not being able to visit with an application in is primarily related to an applicant who requires a visa to enter canada.

 

[TorontoEH]

Not sure if this will help but I am from a non visa exempt country i.e. i need a visa to enter Canada as a visitor. My partner is sponsoring me and I am currently in Canada as a visitor. We have entered Canada twice while we have been waiting for my PR. The most recent entry was this last Sunday. We have had absolutely no issues entering on both occasions. I was almost disappointed that they were so relaxed about my entry because we had prepared so much. On Sunday i was asked one question, actually more like a statement from immigration "Will you be applying for an extension as your visitor allowance is only 6 months" I said no, that i will be leaving Canada for another holiday in December and that was it.

Be prepared, be honest and I am sure everything will be fine.

 

[keesio]

Not sure if this will help but I am from a non visa exempt country i.e. i need a visa to enter Canada as a visitor. My partner is sponsoring me and I am currently in Canada as a visitor. We have entered Canada twice while we have been waiting for my PR. The most recent entry was this last Sunday. We have had absolutely no issues entering on both occasions. I was almost disappointed that they were so relaxed about my entry because we had prepared so much. On Sunday i was asked one question, actually more like a statement from immigration "Will you be applying for an extension as your visitor allowance is only 6 months" I said no, that i will be leaving Canada for another holiday in December and that was it.

Be prepared, be honest and I am sure everything will be fine.

I think the main issue with the OP is that her husband wants to visit, then leave and then visit again right away (and repeat). If he visited and then left and then came back after a month, that would be ok. But the fast turnaround time and frequency of visits may cause problem (though I think at the end it will most likely be ok)

 

[marlasinger]

My husband and I see each other every weekend, working on an every other weekend trip for each of us, for 2 years, so that's before we were even married or had a PR application in process. We've never had a problem crossing the border, except my first time going across, but that was my fault....I had a trunk full of leftover junk from a garage sale I'd had the weekend before and the guard was concerned that my intentions were to move in the US illegally. I pointed out to him the price tags on everything, explained the situation and said I wouldn't be moving with an old Napkin dispenser and a copy of One Tree Hill on DVD and only 2 days worth of clothing and he let me through. Occasionally, since then, my husband and I get a few extra questions about our jobs and our residence, but we've never had to produce proof of the PR application (though we carry it with us just in case - we're Outland as well) and we've never been denied or detained. I think between being honest about your intentions when crossing and the more history you build up that shows you're leaving when you say you will, crossing is fine.

 

[dubya]

Thank you all for the info. It has been very helpful.

Just to follow up on Marlasinger, we have had the exact same experience so far. For the last year we have taken turns crossing every weekend and never get any problems. We both have Nexus cards which I think makes it easier as well.

But, my concern is what they will say if my partner crosses, and rather than saying he is visiting just for the weekend, he says he plans to visit for a month. I wonder if that will raise red flags that he is trying to live here rather than just visit. Also, what if he stays a month, goes back for a weekend, then tries to come back for another month? At what point will this seem less like visiting and more like living here?

 

[rhcohen2014]

Thank you all for the info. It has been very helpful.

Just to follow up on Marlasinger, we have had the exact same experience so far. For the last year we have taken turns crossing every weekend and never get any problems. We both have Nexus cards which I think makes it easier as well.

But, my concern is what they will say if my partner crosses, and rather than saying he is visiting just for the weekend, he says he plans to visit for a month. I wonder if that will raise red flags that he is trying to live here rather than just visit. Also, what if he stays a month, goes back for a weekend, then tries to come back for another month? At what point will this seem less like visiting and more like living here?

i can tell you wanting to visit for a month is no issue. i come for 2-3 months at time. I usually am back in the states for a month or so in between. Again, when CBSA can confirm in their system an application is submitted, they are more lenient. And again, they will warn your partner about his traveling before they do anything about it. As always, there's really NO WAY to know what's going to happen or what they are going to say until your partner actually crosses as he plans. No one can predict the actions of CBSA officers.

 

[marlasinger]

Is there a reason he'd be going back to the US for a couple of days between month long trips? If it's just to reset the clock on his visitor status, my suggestion would be to declare he'd like to visit for the 6 months and file for a visitor extension 30 days before the 6 months runs out. It's much easier and less worry of what could happen with CBSA since he won't be crossing the border in such short intervals. Most people around here seem to get approved for a year long visitor extensions. But, chances are since he's a US citizen and Ottawa is working pretty fast at the moment, he could be on his way to a PR approval by the time you are requesting his visitor extension.

No one can really say what a border agent will do or think, but because he has a PR application in process they will be a little more lenient for sure. And visiting for a month at a time should be no problem. Over June and half of July my husband was coming up every weekend because I was stuck house sitting for a couple who were on vacation. He didn't have any issues with that turn around time. So, it's really up to you and your spouse. But if there's no reason for him to be going back to the States, I'd say just do the 6 months.

 

[dubya]

Great! Thank you all, this is exactly the type of feedback I'm looking for. If you have any other tips please let me know.

 

[Leanneart]

Hello!

I've just seen your post whilst looking for advice on this forum. I'm wondering if I could ask you a few questions as my situation will be similar to yours?
Thank you in advance

I'm a UK citizen. I met my Canadian partner whilst he was in the UK studying. We lived together for two years and then he returned to Canada back in July. We were both super stressed after finishing our Masters course at University, and neither of us had the brain space to begin visa applications right away ??? so we took a little breather (but we've kept in touch via email constantly since then)

We've reached a point where we really want to be together, and are looking into the best way to proceed with a sponsorship visa. I notice that you were there on a visitors visa and then extended it whilst waiting for your sponsorship visa to be approved. My main question is, would I be able to go to Canada on a visitors visa (which I could hopefully apply to extend after 6 months) and then apply for a common law visa from there? Or would they frown upon me going as a visitor but then applying for sponsorship? Also what about medical checks and police checks etc, did you get yours done in Canada?

I'm so sorry for all the questions!! I've been trawling through so much info online, and you're the first person I've come across who's mentioned waiting for a sponsorship visa whilst remaining in Canada! :

Thank you,
Leanne.

 

[andrew-brit]

Hello!

I've just seen your post whilst looking for advice on this forum. I'm wondering if I could ask you a few questions as my situation will be similar to yours?
Thank you in advance

I'm a UK citizen. I met my Canadian partner whilst he was in the UK studying. We lived together for two years and then he returned to Canada back in July. We were both super stressed after finishing our Masters course at University, and neither of us had the brain space to begin visa applications right away ??? so we took a little breather (but we've kept in touch via email constantly since then)

We've reached a point where we really want to be together, and are looking into the best way to proceed with a sponsorship visa. I notice that you were there on a visitors visa and then extended it whilst waiting for your sponsorship visa to be approved. My main question is, would I be able to go to Canada on a visitors visa (which I could hopefully apply to extend after 6 months) and then apply for a common law visa from there? Or would they frown upon me going as a visitor but then applying for sponsorship? Also what about medical checks and police checks etc, did you get yours done in Canada?

I'm so sorry for all the questions!! I've been trawling through so much info online, and you're the first person I've come across who's mentioned waiting for a sponsorship visa whilst remaining in Canada! :

Thank you,
Leanne.

I am a British citizen, married to a Canadian. I have been in Canada for 3 years now (2 years on IEC program, nearly a year as a visitor). I am currently in Canada as a visitor.

We just applied for PR. While I wait for PR I am just going to extend my visitor record whenever I need to. In the application to extend it you can include proof of your PR application. They are unlikely to deny you an extension with this info.

I suggest you travel to Canada, live with your partner and apply under Common Law - Spouse sponsorship. You will need a police clearance certificate for every country you have lived in for more than 6 months and your country of citizenship. You will need a medical as well but you can do that in Canada.

You will need proof that you lived together for the 2 years.

 

[dubya]

Hi there.

Our situation was a bit different because my partner applied for PR from outside Canada and then made frequent, brief visits to Canada (for 2-3 days at a time) by crossing the U.S. border (no visitor's visa was necessary). It was also tue that his PR application was approved very quickly (as some posters had predicted), and in fact, he has already landed so we did not end up having to deal with him coming as an extended visitor. So, unfortunately I can't give you much advice. However, sounds like there are some other people on here who know what they're talking about. Good luck!