Outland Sponsorship Application sent. Can I move before I'm approved?

[AlyxanderLX]

Hello all!
This is my first time posting. I am an American citizen (from and living in Texas) and my husband is a Canadian citizen. We got married in Ontario back in October. We completed and sent off our spousal sponsorship app on Feb 1 and have not yet received any emails from CIC yet but I hear that's not odd.
My question and concern is over moving. My husband met with an immigration lawyer back in November who told him that I could basically wrap up my life (leave me job and turn in my apartment key) and move to Canada on a visitor visa (and bring my belongings with me) once we had the application submitted. However, I called border security today to ask them some questions and they made it explicitly clear this was not permitted and that while I could visit I had to maintain ties to the US and go back after the six month visit...
So I'm feeling extremely confused. I am in no financial position to be paying for apartments I'm not living in. We were planning to move me to Canada when my lease ends in May. I also don't know how I could maintain a job while leaving for months on end like that?
I don't understand why the lawyer he spoke to told him that was fine. Is border security just required to say that stuff but it's not enforced?
We don't want to do anything to jeopardize our application.
Does anyone else have experience with this stuff?

 

[Omegabyte]

Hello all!
This is my first time posting. I am an American citizen (from and living in Texas) and my husband is a Canadian citizen. We got married in Ontario back in October. We completed and sent off our spousal sponsorship app on Feb 1 and have not yet received any emails from CIC yet but I hear that's not odd.
My question and concern is over moving. My husband met with an immigration lawyer back in November who told him that I could basically wrap up my life (leave me job and turn in my apartment key) and move to Canada on a visitor visa (and bring my belongings with me) once we had the application submitted. However, I called border security today to ask them some questions and they made it explicitly clear this was not permitted and that while I could visit I had to maintain ties to the US and go back after the six month visit...
So I'm feeling extremely confused. I am in no financial position to be paying for apartments I'm not living in. We were planning to move me to Canada when my lease ends in May. I also don't know how I could maintain a job while leaving for months on end like that?
I don't understand why the lawyer he spoke to told him that was fine. Is border security just required to say that stuff but it's not enforced?
We don't want to do anything to jeopardize our application.
Does anyone else have experience with this stuff?

I'm sad to hear you've had the experience you've had. It's frustrating being in the limbo of a spousal PR app.

First, the attorney isn't correct. Not surprising, as many here on the forums have discovered.

Here's the long and short of it: You can come up to Canada as a visitor, and stay for up to six months (unless the CBSA agent at the border specifically gives you less time). At the end of that 6 months, you can apply for an extension (30 days before it expires).

You cannot move your belongings and life up here until your PR app is approved and you have received your CoPR.

 

[canadianwoman]

You cannot move to Canada before you get your PR visa. However, you can come to Canada as a visitor before you get PR. When you cross the border, you must be clear that you are just visiting. It is good to have proof of ties to the USA when you cross, though you might not be asked to show anything. If you have already submitted your PR application when you come up to visit, have proof of the application, and be clear that you have applied for PR, but that you are just visiting now and will leave if the application is refused. Many Americans have entered Canada as visitors with proof of their PR application, and have not had any problems. If you have not sent in the application when you come to visit, you can at least pay the fees and show the receipt.
It may cause problems to try to cross with all your belongings. You could leave them in storage until you are approved for PR. Some people have managed to cross over with their things. It depends on the border agent.

 

[Hurlabrick]

You cannot move to Canada before you get your PR visa. However, you can come to Canada as a visitor before you get PR. When you cross the border, you must be clear that you are just visiting. It is good to have proof of ties to the USA when you cross, though you might not be asked to show anything. If you have already submitted your PR application when you come up to visit, have proof of the application, and be clear that you have applied for PR, but that you are just visiting now and will leave if the application is refused. Many Americans have entered Canada as visitors with proof of their PR application, and have not had any problems. If you have not sent in the application when you come to visit, you can at least pay the fees and show the receipt.
It may cause problems to try to cross with all your belongings. You could leave them in storage until you are approved for PR. Some people have managed to cross over with their things. It depends on the border agent.

What Canadianwoman said. What your lawyer was referring to is called 'dual intent' (although he was wrong about most if it, this is what he was referring to!), read about it here:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

Basically, yes, you are visiting while your visa is being processed. You should not attempt to move any of your belongings (other than what a visitor would have in a suitcase) and you cannot take a job in Canada (until you have your CoPR at the end of the assessment process - unless there is some agreement between Canada and the US that I am not aware of - quite possibly!) as you have no work permit. You say you applied in early February 2017 - you may (or may not) get an acknowledgement in the next few days. Likely the first you will hear will be 'sponsor approval' - could be any time from 14 to 50 days after submission.

Then they will send it on to a local visa office relevant to you / your citizenship (as the principal applicant) to be assessed - I am not sure which office that is for US citizens, (possibly Ottawa?). PA approval can then take a further 3 - 6 months-ish.

 

[AlyxanderLX]

You cannot move to Canada before you get your PR visa. However, you can come to Canada as a visitor before you get PR. When you cross the border, you must be clear that you are just visiting. It is good to have proof of ties to the USA when you cross, though you might not be asked to show anything. If you have already submitted your PR application when you come up to visit, have proof of the application, and be clear that you have applied for PR, but that you are just visiting now and will leave if the application is refused. Many Americans have entered Canada as visitors with proof of their PR application, and have not had any problems. If you have not sent in the application when you come to visit, you can at least pay the fees and show the receipt.
It may cause problems to try to cross with all your belongings. You could leave them in storage until you are approved for PR. Some people have managed to cross over with their things. It depends on the border agent.

Ahh, okay. Yeah, I wouldn't wanna try moving all my stuff if it would create issues. We were considering putting my stuff in storage on the Michigan side of the border (since Texas is so far away). Good to know I should bring my PR Application (we did pay our fees). But then my concern is my permanent living situation. Like would it be okay to visit for months in Canada and to not have an an apartment in the US; would Canada consider that suspicious? can I just say like my brother's address or a friend's address is my permanent address and if my extension is denied I'll just go live with them? Do I have to have like a returning flight ticket when I go to cross the border or is it okay to just have a one way? Cause I would of course go back to the US but would need to like schedule logistics and let people know and obviously that's difficult to plan months in advance. I've read that if there's issue at the border crossing and they think you're trying to pull a fast one they'll like freeze your application and deny you entry for up to 2 years or something. Sorry for all the questions, I just don't want to do the wrong thing and tick anyone off.
Thank you for the info and advice!

 

[CDNPR2014]

Like would it be okay to visit for months in Canada and to not have an an apartment in the US; would Canada consider that suspicious? can I just say like my brother's address or a friend's address is my permanent address and if my extension is denied I'll just go live with them.

yes, people can visit canada for months at a time. from experience, i can tell you they don't really consider "living with family" as a direct tie to the US. They want to see proof beyond just you having "stuff" in the us and an address you can send your mail to. They like to see work contracts/pay stubs and an apt lease or house mortgage. it would be in your best interest to get a standard lease agreement signed by you and a family member to mitigate any issue that comes up because you "live with your family". Having a remote job is very helpful as well. this alleviates their concern about working illegally.

Do I have to have like a returning flight ticket when I go to cross the border or is it okay to just have a one way?

yes, it is exceptionally helpful to have a return ticket with you. this shows them you have plans to return to the us at some point. it's usually recommended to purchase a refundable ticket for less than 6 mo. from the day you are seeking entry.

I've read that if there's issue at the border crossing and they think you're trying to pull a fast one they'll like freeze your application and deny you entry for up to 2 years or something. Sorry for all the questions, I just don't want to do the wrong thing and tick anyone off.
Thank you for the info and advice!

Relax. The fact you have a PR application submitted shows them you know the rules. They don't just "freeze" applications and deny entry to people. they have to have real concern that you plan to work or live illegally in canada. while PR applicants can get exclusion orders, it is not something that is done without real cause. and to clarify, more than likely the exclusion will be limited to 1 year, not 2.

What's important to remember when trying to cross the border is you want to use the right language, don't look like you are trying to move all your worldly posessions while you are seeking entry as a visitor, and only answer the questions asked without elaborating. the right language is "i am here to visit my husband/bf while my PR application processes", not "I'm here to live with my husband/bf" or "i'm moving here to be with my husband/bf". CBSA does not need to know your life story, so keep answers short and don't elaborate on answers. Have the proof of ties ready in case they ask. Unless they are suspicious of your intent, more than likely you will not even need to prove ties.

 

[jennybenny]

You can't officially move, but there's no reason why you can't take an extended vacation to
Canada while you wait for PR. I flew into yvr in December with the intention of staying until the application was done and all they asked is "what brought you to Canada?" Which I replied with "I'm visiting my boyfriend (we qualified for common law). And "what does your boyfriend do here?" Which I replied with "he works downtown as a software developer." They just want to make sure that you have a place to stay and will be financially secure while you're visiting. I made sure I had a return ticket for 2 months later, and I later just decided not to use it. But they never asked me about if I had a return nor did they ever ask me about ties to the US.

Obviously, every officer is different but I have entered Canada through BC many many times as a student and a visitor and it's very rare for them to ask me more than 2 or 3 questions. Oversharing is what makes them suspicious and question you more. I wouldn't even offer up the fact that you have applied for PR unless it is specifically asked.

So, if it's possible, I'd say you can pack up your stuff in storage and hang out in Canada while you wait and there shouldn't be anything to worry about.

 

[Db1980]

Hi,

My wife, kids and I are sort of in the same situation. I already submitted an Outland application from Sweden where my wife, kids and I reside. I'm Canadian, m wife Swedish and both kids have dual citizenship. It arrived in Mississauga on Feb 6 and am awaiting contact. In our application I made it clear we were moving home permanently and arriving on April 3 in Toronto. Was that not good to write in our application?
We are only bring clothes for all family members and selling or giving away everything in our house we rent here. As well, we have a return ticket for September which we will not use unless informed to do so (which should not be the case).

I mean, I will start a real well paying job on April 10 and will live with my parents until we find a home to purchase. I/we provide letters of proof in our application. Also stated my wife won't b seeking work and instead staying at home with the kids for some years.