Moving with spouse while application is pending.

[LizaDoolittle]

I'm a Canadian citizen married to a US citizen and my family wishes to move back to Canada this summer. We bought a home in Nova Scotia and the plan is for my husband to drive the moving truck, unload, drive back and then we would go together. But will he be able to enter into Canada as a visitor with a moving van full of things? What's the best way to get our stuff through customs and to our new home?

 

[OhCanadiana]

I'm a Canadian citizen married to a US citizen and my family wishes to move back to Canada this summer. We bought a home in Nova Scotia and the plan is for my husband to drive the moving truck, unload, drive back and then we would go together. But will he be able to enter into Canada as a visitor with a moving van full of things? What's the best way to get our stuff through customs and to our new home?

How far along are you in your application for sponsorship? Hopefully it will come through in time and he can land simultaneously (and you can import everything under his B4 Forms as a new immigrant).

Assuming he doesn't need a tourist visa it will be up to the immigration's officer discretion to let him in as a visitor to help you move. You should be prepared to show close ties he still has to the US (presumably) to convince them he'll be heading back after his visit. And if you haven't processed your B4 to allow the entry of the goods you'll need to be there.

Regarding customs and the B4s I mentioned, the general story is:

As a returning Canadian you only get to fill out one B4/B4A that will allow you to import goods duty free as long as you've been out of Canada for at least one year and have owned, used, and possessed the items for at least 6 months (6 month req't waived if you've been out of Canada for five years). If you are importing any item over 10,000 Canadian you will have to pay duties on the amount over 10k. The government gives you one opportunity to tell them what you are bringing in.

Similarly, your husband, as an immigrant can fill out one B4/B4A set after he gets his PR and import his goods, which he has to turn in on his first visit where he intends to live in Canada more than 12 months. As a settler, he will not have the 10k limit per item (unless the rules change in the interim).

Therefore, you need to fill your form out with everything you are importing in your B4/B4A set. If in the future, it's in your husband's suitcase, it's not a big deal because you can give him a letter explaining to CBSA why he is carry it and authorizing him to import it on your behalf, with your B4. That is why couples often only fill out one B4/B4A set of forms with all their items.

Note that for clothes and toiletries, you can just estimate the value - ideally on separate line items per trip so that you don't run into issues when they cross items off as you import them. For vehicles, jewelry, and electronics, you do need to list them one per line item and include: for jewelry a photo (can be one you took yourself and printed) - don't forget wedding bands! - and for electronics you should include model and serial number (hopefully you have it for stuff in your shipment). You can complete multiple B4A forms and just number them. Folks have also reported using other formats (Excel, packing lists) successfully.

If you can take an extra copy of the B4 with you, it will make life easier for you and the CBSA agent since they keep one and give one (once stamped) back to you.

If you decide to use them, the B4 is available at http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b4-eng.pdf
And the B4A is at http://www.cbsa-asfc.gc.ca/E/pbg/cf/b4a/

Detailed instructions for returning Canadians are at http://www.cbsa-asfc.gc.ca/publications/pub/bsf5087-eng.html

 

[Bargeld]

If they believe it has some varying degree of your husband's stuff and not yours, chances are very good he will be denied entry if they believe he's simply moving, this very thing happened to a friend of mine I met when at the HSBC Centre while taking care of my PPR. He is not allowed to simply bring in all his stuff without a specific and pertinent reason to do so. For that you wait out the (presumably outland) application, do your B4 and B4A for goods he has any ownership in to declare at landing that are going in with him at that moment, as well as goods to follow later.

I'm not sure what the CBSA border policy is about Canadians bringing all their stuff across the border after a lengthy stay in the states (without a doubt something to look into before going if you don't already know), although a friend of mine back in California (Canadian citizen on a US PR) plans on moving to Canada with his American wife after selling his house in the US, will be interesting how you guys go about returning.

 

[LizaDoolittle]

So, I would be much better off being the one in the moving van than my husband, it seems to me. My FIL was going to ride with him. He (my FIL) really would be a visitor just helping me move, planning to return to his home and wife here in California. I don't think I'm up to driving a box truck halfway across the continent, though, so the kids and I may have to fly into Maine, meet up with them, and my husband and the kids (who are dual citizens, thank goodness) can enter in our car as visitors while My FIL and I come in with the moving truck separately. Would that work? Then dh and FIL can drive the truck back and dh can fly into Halifax. Which sounds exhausting, but doable.

I've been in the states for almost 17 years, and nothing we own is worth anywhere near $10,000, so we're good to go on that front.

 

[LizaDoolittle]

We actually haven't applied yet. I'm still not sure whether it would be better to start the proceedings now or wait until we arrive. We have been married for almost 16 years and have 3 children together, if that makes any difference. Also, I don't think that he would have any cause to leave Canada again after we get settled until the proceedings were up either way unless something happens to one of his parents.

 

[waikiki]

Hi,
now I´m nervous. I thought there are many people staying as a tourist in Canada while the outland application is still in process?

 

[scylla]

Hi,
now I´m nervous. I thought there are many people staying as a tourist in Canada while the outland application is still in process?

There are many. However coming through immigration is always a dice roll. And the decision of whether someone is allowed in or not and for how long is 100% in the hands of the immigration officer you encounter at customs. I was nervous every single time my huband (American) re-entered the country while his application was being processed. And one of my very good friends (also American) came within a hair of being denied entry after two hours of interrogation while her application was being processed.

Technically tourists are supposed to be people who only plan to stay in Canada for a short period of time and have no plans to stay long term. Spouses who are waiting out their outland applications don't really fall into this category.

In most cases crossing the border is not a problem as long as you're smart about it (i.e. don't pack like you're moving, avoid coming over in a car full of stuff, have a return flight booked or know when you're leaving the country by vehicle, be able to show strong ties to your home country, have sufficient funds to support yourself while in Canada, show proof your application has been filed, etc.). But in reality, no one can guarantee what will happen at the border...

SO glad those days are over!

 

[waikiki]

Oh God. So if I move back and my husband is accompanying me, it could be, they will deny him entry, even though he is from a visa-exempt country?

 

[scylla]

Oh God. So if I move back and my husband is accompanying me, it could be, they will deny him entry, even though he is from a visa-exempt country?

Will your application be 100% submitted when you move back?

 

[waikiki]

I submitted it last August and am scared that I won´t receive an answer in the next few months ???

 

[canadianwoman]

Hi,
now I´m nervous. I thought there are many people staying as a tourist in Canada while the outland application is still in process?

Getting in as a tourist from a visa-exempt country is easy; getting in when you have already applied for PR as a spouse and have proof, usually doable; coming in with a moving van full of your belongings when you haven't even applied yet - risky.
For the OP, I would definitely have the Canadian drive the van over the border. It's your stuff, it's OK to bring it back (though note the details about importing your household goods mentioned above). Your FIL should definitely bring some proof of his ties to the USA, just in case.

 

[waikiki]

@canadianwoman

what if I bring, well, a lot of luggage with me, our clothes etc. while the PR application is still in process? Or should my husband not bring too many stuff of his own?

 

[waikiki]

I´m so upset right now. On one hand, I need to submit proof of reestablishing. On the other hand my spouse can be denied entry if PR is still in process. Let´s say, I have a job offer which I accept, and this is part of my proof that I will be moving back. How am I supposed to do that, if husband can be denied entry? OK, if we would not have kids, that´s maybe no problem. But what if you have kids? And he is sent back? And you want to start working? And you´ve planned that husband takes care of kids? I´m so confused right now, its more comlpicated than I thought.
We will be coming with our kids of course, then I guess, there´s a good chance the Border Officer will not let my husband enter Canada...

 

[LizaDoolittle]

For the OP, I would definitely have the Canadian drive the van over the border. It's your stuff, it's OK to bring it back (though note the details about importing your household goods mentioned above). Your FIL should definitely bring some proof of his ties to the USA, just in case.

My FIL has a home, a wife and a job here in California, so I'll make sure that he has proof of all of that with him.

I'm thinking that maybe we should wait and file for dh's permanent residency once we arrive in Canada.

 

[GOGOGO]

It's always tricky when dealing with border officers and have to be very careful in answering questions.

Personal experiences (me being the PR applicant):

1) I'm visa exempt. I lived in US (H1B and subsequently B2 after employment terminated in US).

2) I used to drive across the border at Fort Erie or Niagara Falls every weekend or every other weekend. I didn't have problem crossing border before/after marriage, before/after PR application was filed, or before/after being granted the Visitor Record.

3) There was only one time (before marriage) I was on vacation for a month (via Toronto airport), back into US to check the apartment and mails, and same day returned to Canada intending to spend a few more days vacation in Canada before going back to work in US after New Year. I was interrogated for an hour or two because I did not have recent document with me proving my ties to US. Since then, I always carried documents, eg, lease/utility bills, every time I crossed the border.

4) Crossings became a bit trickier after my H1B had ended, after Visitor Record was granted. The border officers started asking more questions. I had to emphase a) I still had my apartment in US until my lease ended and was granted B2 a few months to wrap up my affairs in US (showing ties), b) I planned to VISIT my husband and planned to return to US in a week or 2 (even though my plan changed and I ended up staying for a month), c) I was driving a US plated car because I had to wait till my PR approval first then decide on selling or importing my car.

5) While wrapping up my apartment, I took some home/kitchen stuff with me across the border, but always tried to pack them in SUITCASES.

6) Occasionally, I took USED furniture with me but always claimed them as GIFTS to my husband's family/friend because they just moved, and total value was always UNDER C$60 (limit for VISITORS).

7) A couple of times, the border officer REMINDED me that I am not supposed to move before my PR application has completed and I always gave them firm postive answers that I know!

8 ) I SOLD some furniture to my husband's family (Canadian citizens), and they came to US to visit, stayed over 48 hours, and claimed the USED furniture @ under C$400 (used to be the limit for Canadians visiting outside Canada, now has increased). And I tried NOT to be in the same car as them.

Good luck everyone!