living in Canada on a Visitor Record while you wait for PR

[jackgrump]

Hello!

As a visa-exempt citizen of the US, what are my options for staying with my wife and child in Quebec during the two years I'm waiting for permanent residence?

Technically, visa-exempt folks can cross the border into Canada all the time ... however, if the Immigration Officer wants to believe you intend to stay in the country longer than a few months, they can reject you. To prevent this, you bring a bunch of documents showing that you have a bunch of money, a residence in the US, traveler health insurance for your time in Canada, etc.

So, it's a relatively chill thing (if you have the money and other proofs). However, when you're really scared of being separated from your beautiful family at any moment just on the whim of a single person at the border, you'd like to have some reassurances

Anybody have experiences to share? Any ideas about studying (anything) in Canada just to get a study visa to have status during this time? Is there any secret little temporary residence visa for people in this situation, perhaps?

Thanks!

 

[OhCanadiana]

There is no 'special visa' for this situation so you'd need to visit (as a temporary visitor) or get another type of temporary resident permit (e.g., work permit).

As a temporary resident, you can't work unless you get a work permit or qualify for one of the exceptions (see http://www.cic.gc.ca/english/work/apply-who-nopermit.asp). To get a work permit, depending on your profession, you may qualify for a NAFTA work permit (fastest option since you can get it at the point of entry with a job offer); otherwise you'd need an LMO (labor market opinion).

While others chime in with their experience, take a look at http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.0.html. There's a few links to experiences on the first page and severalother people have shared their experiences visiting Canada throughout the thread.

Also, why do you expect it will take 2 years? The outland processing time is much faster than that for a US applicant (less than a year for most cases).

 

[Canuckluvus]

Hello!

As a visa-exempt citizen of the US, what are my options for staying with my wife and child in Quebec during the two years I'm waiting for permanent residence?

Technically, visa-exempt folks can cross the border into Canada all the time ... however, if the Immigration Officer wants to believe you intend to stay in the country longer than a few months, they can reject you. To prevent this, you bring a bunch of documents showing that you have a bunch of money, a residence in the US, traveler health insurance for your time in Canada, etc.

So, it's a relatively chill thing (if you have the money and other proofs). However, when you're really scared of being separated from your beautiful family at any moment just on the whim of a single person at the border, you'd like to have some reassurances

Anybody have experiences to share? Any ideas about studying (anything) in Canada just to get a study visa to have status during this time? Is there any secret little temporary residence visa for people in this situation, perhaps?

Thanks!

My wife has been here since last October on various visitor record extensions. She recently got an extension for 14 more months. We don't expect to need it since we are almost at the end of the road..waiting for the COPR form to arrive soon. We applied outland last March and our e-cas is showing a DM since October 15th. If you were appying inland it would take much longer. If you apply outland you can't apply for study or work visas. IMO, there is no advantage to apply inland if you are US citizen. It can take almost a year or so to just get sponsorship approval and you can't get a work visa until that is approved. If you apply inland you will probably be approved for the sponsorship and PR by that time.

 

[scylla]

Get a Nexus card. While there is never a guarantee you will be allowed into Canada, a Nexus card typically facilitates entry.

 

[Canuckluvus]

My wife has been here since last October on various visitor record extensions. She recently got an extension for 14 more months. We don't expect to need it since we are almost at the end of the road..waiting for the COPR form to arrive soon. We applied outland last March and our e-cas is showing a DM since October 15th. If you were appying inland it would take much longer. If you apply outland you can't apply for study or work visas. IMO, there is no advantage to apply inland if you are US citizen. It can take almost a year or so to just get sponsorship approval and you can't get a work visa until that is approved. If you apply inland you will probably be approved for the sponsorship and PR by that time.

I mean outland with that last sentence.

 

[jackgrump]

While others chime in with their experience, take a look at [link]. There's a few links to experiences on the first page and severalother people have shared their experiences visiting Canada throughout the thread.

Yeah - great link. Thanks for that!

My wife has been here since last October on various visitor record extensions. She recently got an extension for 14 more months. We don't expect to need it since we are almost at the end of the road..waiting for the COPR form to arrive soon. We applied outland last March and our e-cas is showing a DM since October 15th.

And that's re-assuring and wonderful to hear. I actually had no idea it could be processed that fast, since most US offices are showing times must longer than that (22 months in NYC and 26 months in LA). Where is she "being processed"?

Thanks for the replies everyone!

 

[jackgrump]

My other question would be: what happens when you cross the border, don't say anything, and the officer just lets you through? This happens perhaps more often than not in my case (It's just like, "nope, no guns, no alcohol ..... yep, married ...." and then they let me drive on). If that happens, do you just have some vague responsibility to leave the country again after 6 months or something?

It's kind of hilarious how that happens and I just have no idea what the hell to do Did I have some responsibility to state something at the border? Do I have some responsibility to have some kind of document showing my status in the country? Do you just kind of keep your head down and try to be a chill foreigner for the next 6 months? ha! - I really don't get it, and CIC sure as hell doesn't have any way of providing answers to these questions

 

[OhCanadiana]

Yeah - great link. Thanks for that!

And that's re-assuring and wonderful to hear. I actually had no idea it could be processed that fast, since most US offices are showing times must longer than that (22 months in NYC and 26 months in LA). Where is she "being processed"?

Thanks for the replies everyone!

You're welcome

Couple thoughts:
Once CPC-M in Mississauga approves your sponsorship application, they will forward it to one of the visa offices. Most of the US applications are processed by CPC-O in Ottawa (yes, it's confusing because while it is physically in Canada, it processes outland applications). Their timing is somewhat inflated right now because when they closed Buffalo last year and moved to Ottawa applications went on hold for several months. When you get your sponsorship approval, the notification will tell you which visa office will process your application.

Also, note that the timing on the website corresponds to 80% of the applications so most are done faster than that.

My other question would be: what happens when you cross the border, don't say anything, and the officer just lets you through? This happens perhaps more often than not in my case (It's just like, "nope, no guns, no alcohol ..... yep, married ...." and then they let me drive on). If that happens, do you just have some vague responsibility to leave the country again after 6 months or something?

If you don't get an entry stamp (typical at a land border) or if you get a stamp and they don't write a date on it and if you don't have an entry document (e.g., landing record) then your stay expires 6 months from the date you entered the country. So you actually have an (explicit) "responsibility" to leave Canada before the 6 month mark. If your would like to stay longer, then you can apply to extend your stay (http://www.cic.gc.ca/english/information/applications/visitor.asp) or exit and re-enter Canada to regain status.

ETA: If when you are crossing the border initially you intend to stay longer than 6 months then you could also ask for a visitor record. At the discretion of the officer, s/he could approve a longer stay when you enter Canada. Usually people have reported success with this approach when they travel with their spouse who can confirm that understand the rules (you're visiting etc), confirm that you won't work, etc.