How to increase chances of re-entry as visitor

[ConradC]

Hi,

I am from Belgium and my partner is Canadian and lives in Toronto. I have visited her frequently in the past couple of years (and she has also visited and stayed with me). My guesstimate is that on average I have spent about 4 months a year with her in Canada (but never more than 2 months at a time). For various reasons we don't have any immediate plans to marry and/or for me to apply for PR or for her to emigrate to Belgium.

Up until my last visit with her my frequent visits have not resulted in any problems with Canadian immigration. That last time however I received a visitor record stapled in my passport, stating that I had to leave the country by the date of my return ticket. That was fine as far as it goes, but we are now somewhat worried that I will not be allowed into the country next time I want to visit (also because it will be only 2 months after I returned from my previous visit).

When I asked him about it the immigration officer said the frequency and duration of my visits and my employment status were red flags to them. The thing is, I am a freelance programmer, so I don't have an employer and I am not tied to any location and can essentially work from anywhere in the world. I do rent an apartment in Antwerp and have family and friends there, but other than that I don't have strong ties to Belgium, at least not strong for the immigration officer to be convinced that I will return there.

My question is what I can do to increase my chances of a (preferably hassle-free) re-entry into Canada next time I want to visit. E.g. would it be helpful if I renewed my passport so that I don't show up at immigration with a visitor record stapled to my passport? Would it be helpful if my partner and I enter Canada together (e.g. if we were to visit NYC together before and then fly to Toronto together from there)? Would applying for a visa beforehand be helpful?

Thanks in advance for any suggestions you may have.

 

[Andre_Smol]

I was in a very similar situation to you and had very frequent visits from Europe to Canada.

After a while, I ended up with the same problem you had because once they see too many visits and not enough ties to your home country it can become a real hassle to re-enter Canada as a visitor.

In the end, I was forced to apply for and get PR, as I wouldnt not have been able to return to Canada as a visitor again without a good rason to visit. In my case, I have since moved to Canada.

However, to answer your questions:

1) renewing your passport doesnt change anything as the officer sees a record of all your visits on his screen, no matter if you still have the stamps on your passport or not.

2) if anything, entering together with your partner might be a disadvantage, as it makes it look even more like you are trying to establish a life in Canada as a temporary resident, which you are not allowed to do, without a work permit or PR for example.

3) since you are from a visa-exempt country, you dont have the ability to apply for a temporary resident visa ahead of time. Your stamp in your passport will count as your visa during your stay.

Personally, I think you might very well be able to enter Canada several more times, possibly always with the temporary resident permit stapled in your passport at port of entry but unless you start having longer gaps between your visits I am quite certain you will start running into the same problem I did, which is, that you wont be able to come back without a permanent solution like applying for PR.

My two suggestions would be:

1) increase the gaps between your visits

2) go the pr route

The temporary resident status simply isnt intended to be used as a way for you to live 4-6 months out of the year in Canada, thereby essentially establishing a life in Canada with your partner. So you will run into issues sooner or later.

 

[Bs65]

Probably being a freelance is adding to the CBSA review given they may suspect as you can work from anywhere that you are working remotely whilst in Canada as a visitor.

Whilst you are not working for a Canadian client this is probably fine as lots of people in todays sad world of email etc.. take their work on vacation. However add this to the frequent visits starts to create questions especially if the visits are not just the odd week or two. Often though you can just be unlucky and get a CBSA officer questioning your visit more than some other officer.

So all I think you can do is continue with the return tickets, couple weeks at a time spread out and just build up proof of ties back to Belgium. Probably not possible but if going to do any remote work maybe not arrive with a load of ongoing project work, at least for sure not hardcopy. End of day as everyone says on this forum be honest answering any CBSA questions.

 

[ConradC]

I was in a very similar situation to you and had very frequent visits from Europe to Canada.

After a while, I ended up with the same problem you had because once they see too many visits and not enough ties to your home country it can become a real hassle to re-enter Canada as a visitor.

In the end, I was forced to apply for and get PR, as I wouldnt not have been able to return to Canada as a visitor again without a good rason to visit.

Ach, not what I wanted to hear but good to know!

In my case, I have since moved to Canada.

However, to answer your questions:

1) renewing your passport doesnt change anything as the officer sees a record of all your visits on his screen, no matter if you still have the stamps on your passport or not.

OK, yeah, I kinda assumed it couldn't be that easy.

2) if anything, entering together with your partner might be a disadvantage, as it makes it look even more like you are trying to establish a life in Canada as a temporary resident, which you are not allowed to do, without a work permit or PR for example.

OK, good point

3) since you are from a visa-exempt country, you dont have the ability to apply for a temporary resident visa ahead of time. Your stamp in your passport will count as your visa during your stay.

OK, thanks

Personally, I think you might very well be able to enter Canada several more times, possibly always with the temporary resident permit stapled in your passport at port of entry but unless you start having longer gaps between your visits I am quite certain you will start running into the same problem I did, which is, that you wont be able to come back without a permanent solution like applying for PR.

My two suggestions would be:

1) increase the gaps between your visits

2) go the pr route

I guess that may be a useful thing to do in any case, even if we are not at all certain that I would actually want to emigrate in the future.

The temporary resident status simply isnt intended to be used as a way for you to live 4-6 months out of the year in Canada, thereby essentially establishing a life in Canada with your partner. So you will run into issues sooner or later.

Thank you very much for your answer. This was very useful information. And I hope you are enjoying life in Canada!

 

[ConradC]

Probably being a freelance is adding to the CBSA review given they may suspect as you can work from anywhere that you are working remotely whilst in Canada as a visitor.

Whilst you are not working for a Canadian client this is probably fine as lots of people in todays sad world of email etc.. take their work on vacation. However add this to the frequent visits starts to create questions especially if the visits are not just the odd week or two. Often though you can just be unlucky and get a CBSA officer questioning your visit more than some other officer.

Yes, during the "interrogation" this was a bit unclear. I had explained to the officer that I do freelance work and can work from anywhere and I can't quite remember if I literally said it but in any case it was implied that I would actually be working during my previous visit, but not for a Canadian employer or Canadian client, just my regular job. Then when issuing me the visitor record the officer explained what it meant and that I couldn't enroll in any educational programs or do any work. So then I was kind of puzzled: Does he mean I can't do my regular job while I'm here? I mean, he knows or should know that I was planning to do just that. But I thought it best not to ask him for clarification.

So all I think you can do is continue with the return tickets, couple weeks at a time spread out and just build up proof of ties back to Belgium.

good point

Probably not possible but if going to do any remote work maybe not arrive with a load of ongoing project work, at least for sure not hardcopy. End of day as everyone says on this forum be honest answering any CBSA questions.

My work is all in digital form so at least that helps. Although I guess they can also ask me for access to my computer etc if they really want to.

Anyway, thanks a lot for your answer

 

[Andre_Smol]

Keep in mind that if you are not in a rush to get PR, just being able to show you are in the process of getting there, can help you, as you can use each trip to get something done for your EE profile, like taking the language test or taking your medical exam.

And if you do decide to go the PR route in the future, you only need to be present in Canada fir 2 out of 5 years, which means 4.8 months per year.

From what you said it seems that you already spend almost that much time in Canada every year, so you could even keep up more or less the same way of life and maintain your PR status at the same time.

Maybe that way you can look at it as a more realistic option for you going forward, since you could still keep your job in Belgium and just make sure you spend about 5 months per year in Canada to maintain your status, while at the same time having the ability to come and go whenever you want without any worries.

 

[ConradC]

Keep in mind that if you are not in a rush to get PR, just being able to show you are in the process of getting there, can help you, as you can use each trip to get something done for your EE profile, like taking the language test or taking your medical exam.

And if you do decide to go the PR route in the future, you only need to be present in Canada fir 2 out of 5 years, which means 4.8 months per year.

From what you said it seems that you already spend almost that much time in Canada every year, so you could even keep up more or less the same way of life and maintain your PR status at the same time.

Maybe that way you can look at it as a more realistic option for you going forward, since you could still keep your job in Belgium and just make sure you spend about 5 months per year in Canada to maintain your status, while at the same time having the ability to come and go whenever you want without any worries.

Good points! thanks

 

[ConradC]

I was in a very similar situation to you and had very frequent visits from Europe to Canada.

After a while, I ended up with the same problem you had because once they see too many visits and not enough ties to your home country it can become a real hassle to re-enter Canada as a visitor.

In the end, I was forced to apply for and get PR, as I wouldnt not have been able to return to Canada as a visitor again without a good rason to visit.

Btw, did they refuse you entry at the border when this happened or did they admit you but tell you this would be the last time?

 

[ConradC]

I guess I should also maybe leave my Toronto Raptors jersey at home.

And maybe pack a Belgian soccer jersey instead.

 

[Andre_Smol]

Btw, did they refuse you entry at the border when this happened or did they admit you but tell you this would be the last time?

PM sent with some extra details.

I am happy to help you out, if you need some advice.

 

[two.wheeled@hotmail.com]

would you be willing to post the details or PM me as well? I'm also curious about this situation.