Land Border Crossing for Common Law Couple

[Martinglsley]

Morning!

I'm posting this as I've been unable to find reassuring or solid advice on what to say at an upcoming border crossing that has been stressing me out recently. I understand that it generally comes down to the Officer at the time, which is tough, but anything really helps.

The situation: My partner (US Citizen) and I (Canadian Citizen by birth) have been living continuously together in Canada for over a year, extending her visitor status when necessary. It was awesome to see when they had given her a year extension on her visit. After the year was up, we submitted a Common Law Sponsorship application. Currently submitted. We then decided to go to the States to see her family for one week, as she hasn't seen them in a year.

Now coming up is the land crossing. What information is best to give to the officer? I've seen so much about misrepresentation, dual intent, things like that, but unsure really what to do or say or if they really apply to us. We know to just answer what they ask, but when it comes to "how long will you be staying?" What do we say? Any information that can calm my not so sleepy mind is super helpful.

Thank you again

 

[Ponga]

Did you submit an Inland Spousal Sponsorship application? I assume so, since you said that you were living together in Canada. THIS could be a problem since it is highly recommended for the application to stay in Canada during the process.

First thing to do is read up on what Dual Intent is:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

Here are the key points that your partner needs to understand:

1. Having 2 intents (initially for temporary residence and eventually for permanent residence) is legitimate.

2. The possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not remove the individual’s obligation to meet the requirements of a temporary resident, specifically the requirement to leave Canada at the end of the period authorized for their stay, in accordance with sections 179, 200, and 216 of the Immigration and Refugee Protection Regulations (IRPR).

3.
Assessing dual intent

An officer should be satisfied that a temporary residence applicant has a genuine intention to fulfill their obligations as a temporary resident (namely, to leave at the end of their period of authorized stay as required by IRPR). In assessing the applicant’s bona fides, the individual circumstances of the applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific application before an officer.


In assessing an application for temporary residence, an officer may consider, among other factors, the following:

• the length of time that the client will be spending in Canada
• means of support
• obligations and ties to the home country
• the purpose and the context of the stay
• the credibility of documents and information submitted
• past compliance with requirements of the IRPA and the IRPR that are applicable to temporary residents (visitors, students and workers), as well as information available in biographic and biometric information sharing.

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So, assuming that your partner still has strong ties `back home', such as a place to live, bank account(s), etc., they should be prepared to share that information with the CBSA officer if questioned. The officer needs to be convinced that your partner understands the rules regarding Dual Intent. The mood of the officer, as you have eluded to in your post, is the unknown that nobody here can predict. If she is refused entry (and you have submitted an Inland application)...it will be toast.

Good luck!