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Thread for outland Buffalo applicants!

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
GOGOGO said:
They are concerned about bed bug issue, etc. You can import as long as they're cleaned.

Note: the publications are available on CBSA websites, eg: www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-7-eng.pdf

/Quote/

Used or second-hand mattresses

You cannot import used or second-hand mattresses into Canada unless you have a certificate verifying that the mattresses have been cleaned and fumigated in the country of export. A letter, or any other document that clearly demonstrates that this requirement has been met, is acceptable if it is signed by a person qualified in cleaning and fumigation.

/Unquote/
The key is to read the whole law. Yes, there are restrictions on the importation of mattresses and you generally need a certificate on cleaning and fumigation. HOWEVER, (and this is the key for your case): there are five exceptions under which you don't need to prove that a professional cleaned and fumigated the used mattress to import it (the law applies in all cases "other than" five exceptions). The second exception concerns Setter's Effects. Therefore, if the settler/immigrant has it on his B4 you can bring his comfy mattress in to Canada without needing to find an approved cleaner, getting a certificate, etc.

I read a paragraph explaining this on CBSA's website within the past year or so explicitly explaining in plain English that the restriction does not apply to settlers. I can't find that paragraph right now (they have so many pages that refer to immigrants and returning residents that I just can't find the right one) but law is very clear on this matter.

"USED OR SECOND-HAND MATTRESSES AND MATERIALS THEREFROM
This memorandum outlines and explains the provisions of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff which prohibits importation into Canada of used or second-hand mattresses and materials therefrom.
Legislation
Tariff item No. 9897.00.00 reads:
Used or second-hand mattresses or materials therefrom, other than:
(a) mattresses imported under tariff item Nos. 9806.00.00, 9807.00.00, 9808.00.00, 9809.00.00 or 9810.00.00, or

(b) materials from used or second-hand mattresses, when imported after having been cleaned and fumigated, in accordance with regulations made by the Minister of National Revenue, accompanied by such certificates as are designated by the Minister of National Revenue;
Regulations..."

Bolding and blue color on text is mine. Note that the certificate of cleaning and registration is always required OTHER THAN when the mattress is imported as part of the following tariffs:
Tariff No. 9806.00.00 concerns bequests.
Tariff No. 9807.00.00 concerns Settlers' Effects.
Tariff No. 9808.00.00 concerns diplomatic and consular personnel.
Tariff No. 9809.00.00 concerns the Governor General.
Tariff No. 9810.00.00 concerns military equipment.

In addition to all that, there is no exception for mattresses listed under http://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.pdf (SETTLERS' EFFECTS – TARIFF ITEM NO. 9807.00.00) so they key is just to make sure your husband qualifies as a Settler (which if he's landing when he turns in his B4 and arriving in Canada with the "intention of establishing, for the first time, a residence for a period of not less than 12 months" shouldn't be an issue).

Hope this loooong post helps! This post would be much shorter if I could find that one paragraph ... however, this way you can have all the laws with you in case anyone questions you at the border :D
 

GOGOGO

Hero Member
Jan 12, 2012
540
13
Category........
Visa Office......
Buffalo->New York
Job Offer........
Pre-Assessed..
App. Filed.......
27-09-2011
Doc's Request.
23-02-2012
AOR Received.
04-01-2012 (Email from Buffalo)
File Transfer...
02-02-2012 (Buffalo->New York: notified by email from Buffalo)
Med's Done....
18-01-2012
Passport Req..
11-04-2012; 23Apr: PP copy delivered at NY
VISA ISSUED...
01-05-2012 (as per COPR); 4May: Decision Made on eCAS; 8May: COPR rcvd (Canada address)
LANDED..........
10-05-2012; 12May: Status in eCAS disappeared; 13Jul: PR Card rcv'd
Hi tim maguire, quite a few people chose to land first then plan a move later.

As long as you're re-entering Canada in non-commercial vehicle (eg, driving your car), you can use the executed COPR+passport if you have not got the PR card yet. However, if you're travelling via commerical airline, then you must apply a travel document aboard. Here is a similar post by doghouse recently and please see OhCanadiana's response.
http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-buffalo-applicants-t41886.0.html;msg1406381#msg1406381
http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-buffalo-applicants-t41886.0.html;msg1406508#msg1406508

If you're planning to land in your own car but are not going to import the car at the same time, be prepared that you may get some hassle.
http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-buffalo-applicants-t41886.0.html;msg1404657#msg1404657

Good luck with the landing and final move!

tim maguire said:
I got my COPR in only 2 weeks with a landing date of August 11. We're pretty excited and a little scared.

It contained some information that puts a wrench in my plans. We live in New York City and visit Toronto several times a year. It was our intention to land the next time my wife and I visit, but not do the actual move until one of us gets a job (something that's hard to put a date on).

That's when I was expecting a visa. Instead I got the COPR and instructions that say the visa will be applied for at the time of my landing and if I want to travel outside Canada before it arrives, I have to apply for a permanent resident abroad visa.

So where does that leave us? My expectation all along was that I don't have to move to land, but the COPR instructions suggest that I do. And it won't be easy to arrange all this by August 11 (we both have jobs and a small child so it's not like we can put all our energies between now and then into arranging the move).

Does anyone here have experience with this?
 

GOGOGO

Hero Member
Jan 12, 2012
540
13
Category........
Visa Office......
Buffalo->New York
Job Offer........
Pre-Assessed..
App. Filed.......
27-09-2011
Doc's Request.
23-02-2012
AOR Received.
04-01-2012 (Email from Buffalo)
File Transfer...
02-02-2012 (Buffalo->New York: notified by email from Buffalo)
Med's Done....
18-01-2012
Passport Req..
11-04-2012; 23Apr: PP copy delivered at NY
VISA ISSUED...
01-05-2012 (as per COPR); 4May: Decision Made on eCAS; 8May: COPR rcvd (Canada address)
LANDED..........
10-05-2012; 12May: Status in eCAS disappeared; 13Jul: PR Card rcv'd
Thanks OhCanadiana, and good to know that!
PS: Too much reading... hurts my brain... :'(

OhCanadiana said:
The key is to read the whole law. Yes, there are restrictions on the importation of mattresses and you generally need a certificate on cleaning and fumigation. HOWEVER, (and this is the key for your case): there are five exceptions under which you don't need to prove that a professional cleaned and fumigated the used mattress to import it - the second exception concerns Setter's Effects. Therefore, if the settler/immigrant has it on his B4 you can bring his comfy mattress in to Canada without needing to find an approved cleaner, getting a certificate, etc.

I read a paragraph explaining this on CBSA's website within the past year or so explicitly explaining in plain English that the restriction does not apply to settlers. I can't find that paragraph right now (they have so many pages that refer to immigrants and returning residents that I just can't find the right one) but law is very clear on this matter.


Bolding and blue text is mine. Note that the certificate of cleaning and registration is always required OTHER THAN when the mattress is imported as part of the following tariffs:
Tariff No. 9806.00.00 concerns bequests.
Tariff No. 9807.00.00 concerns Settlers' Effects.
Tariff No. 9808.00.00 concerns diplomatic and consular personnel.
Tariff No. 9809.00.00 concerns the Governor General.
Tariff No. 9810.00.00 concerns military equipment.
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
Hi Tim Maguire!

To build on GOGOGO's post, first of all congratulations - you got it. :D

Landing and moving are two different things. Landing is when you arrive and for immigration purposes become a PR of Canada. You can then go back home to NYC and settle your affairs before actually moving to Canada. By Aug 11 you'll need to land - that means cross the border into Canada, get your COPR stamped and become an official PR of Canada, and - if you are planning to live in Canada for 12 months and want to save yourself a headache later - consider getting your B4 stamped while you're at it. Thus the only thing you'd need to do between now and Aug is your B4 (and you can include stuff you're not yet sure if you're moving on your B4). See link in next post for B4 info.

I find this particularly confusing if you try to compare it to the US where Permanent Residents are PR across the board - in Canada you can be a PR for immigration but not for customs, for example. Same for fiscal reasons, medical coverage, etc. To illustrate the point see 9 & 10 of http://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.pdf

Re your PR Card, you can tell the immigration officer you aren't staying and don't want to process it yet (you have 6 months IIRC to call and give them your address and still have it expedited as a new immigrant and also not have to pay for the PR Card). Alternatively, if you have an address in Canada (e.g., your wife's family where you will stay when you are in Canada) you can give their address for the Permanent Resident card and then pick it up on a later trip.

Hope that helps increase the excitement and reduce the scared-ness quotients :)


tim maguire said:
I got my COPR in only 2 weeks with a landing date of August 11. We're pretty excited and a little scared.

It contained some information that puts a wrench in my plans. We live in New York City and visit Toronto several timeso a year. It was our intention to land the next time my wife and I visit, but not do the actual move until one of us gets a job (something that's hard to put a date on).
...
So where does that leave us? My expectation all along was that I don't have to move to land, but the COPR instructions suggest that I do. And it won't be easy to arrange all this by August 11 (we both have jobs and a small child so it's not like we can put all our energies between now and then into arranging the move).

Does anyone here have experience with this?
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
For some reason, the prior post is omitting the link to the B4 info ... it's http://www.canadavisa.com/canada-immigration-discussion-board/-t41886.0.html;msg1399011#msg1399011
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
GOGOGO said:
Thanks OhCanadiana, and good to know that!
PS: Too much reading... hurts my brain... :'(
You're welcome. Glad it came in helpful to save his mattress ... it's worth it since you find it comfy :D

Blame CBSA for the headache - they hid the simple version too well :(.

And now, I'm really off to run my errands :)
 

kourts

Hero Member
Nov 11, 2010
436
4
stupid question but which form is for stuff your bringing with you at the time of landing and which is for stuff at a later date?
 

GOGOGO

Hero Member
Jan 12, 2012
540
13
Category........
Visa Office......
Buffalo->New York
Job Offer........
Pre-Assessed..
App. Filed.......
27-09-2011
Doc's Request.
23-02-2012
AOR Received.
04-01-2012 (Email from Buffalo)
File Transfer...
02-02-2012 (Buffalo->New York: notified by email from Buffalo)
Med's Done....
18-01-2012
Passport Req..
11-04-2012; 23Apr: PP copy delivered at NY
VISA ISSUED...
01-05-2012 (as per COPR); 4May: Decision Made on eCAS; 8May: COPR rcvd (Canada address)
LANDED..........
10-05-2012; 12May: Status in eCAS disappeared; 13Jul: PR Card rcv'd
Goods you're bringing while landing: B4. If you have a long list that you can't put them all on B4, add a B4A form with the "List of goods to follow" box unchecked.
Goods to follow: B4A form with "List of goods to follow" box checked. Also check "Yes" for "Goods to follow" on the B4 form.

B4:
www.cbsa.gc.ca/publications/forms-formulaires/b4-eng.pdf
B4A:
www.cbsa.gc.ca/publications/forms-formulaires/b4a.pdf

kourts said:
stupid question but which form is for stuff your bringing with you at the time of landing and which is for stuff at a later date?
 

tim maguire

Full Member
Jan 5, 2012
27
2
NYC, USA
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
26-09-2011
AOR Received.
28-12-2011
Med's Done....
12-08-2011
Passport Req..
28-03-2012
VISA ISSUED...
16-04-2012
LANDED..........
11-08-2012
Thank you GOGOGO and OhCanada. That's some real detail I can hang on to. And it does go a long way towards helping me relax. The move is going to be complicated enough and we hope to have it done by the August landing date in any case (so our daughter can settle in a little before heading off to pre-K or whatever the Canadian equivalent is), but having it sit out there like a stop sign in the event we can't get our acts together was stressful.

We hope to visit Toronto in June. It would be really nice to get the landing out of the way then.
 

mumbles

Star Member
Sep 29, 2011
162
4
Vancouver BC
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
14-09-2011
AOR Received.
06-01-2012
File Transfer...
16-11-2011
Med's Done....
10-05-11
Interview........
waived
Passport Req..
16-03-12
LANDED..........
05-05-12
OhCanadiana said:
The key is to read the whole law. Yes, there are restrictions on the importation of mattresses and you generally need a certificate on cleaning and fumigation. HOWEVER, (and this is the key for your case): there are five exceptions under which you don't need to prove that a professional cleaned and fumigated the used mattress to import it (the law applies in all cases "other than" five exceptions). The second exception concerns Setter's Effects. Therefore, if the settler/immigrant has it on his B4 you can bring his comfy mattress in to Canada without needing to find an approved cleaner, getting a certificate, etc.

I read a paragraph explaining this on CBSA's website within the past year or so explicitly explaining in plain English that the restriction does not apply to settlers. I can't find that paragraph right now (they have so many pages that refer to immigrants and returning residents that I just can't find the right one) but law is very clear on this matter.

"USED OR SECOND-HAND MATTRESSES AND MATERIALS THEREFROM
This memorandum outlines and explains the provisions of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff which prohibits importation into Canada of used or second-hand mattresses and materials therefrom.
Legislation
Tariff item No. 9897.00.00 reads:
Used or second-hand mattresses or materials therefrom, other than:
(a) mattresses imported under tariff item Nos. 9806.00.00, 9807.00.00, 9808.00.00, 9809.00.00 or 9810.00.00, or

(b) materials from used or second-hand mattresses, when imported after having been cleaned and fumigated, in accordance with regulations made by the Minister of National Revenue, accompanied by such certificates as are designated by the Minister of National Revenue;
Regulations..."

Bolding and blue color on text is mine. Note that the certificate of cleaning and registration is always required OTHER THAN when the mattress is imported as part of the following tariffs:
Tariff No. 9806.00.00 concerns bequests.
Tariff No. 9807.00.00 concerns Settlers' Effects.
Tariff No. 9808.00.00 concerns diplomatic and consular personnel.
Tariff No. 9809.00.00 concerns the Governor General.
Tariff No. 9810.00.00 concerns military equipment.

In addition to all that, there is no exception for mattresses listed under http://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.pdf (SETTLERS' EFFECTS – TARIFF ITEM NO. 9807.00.00) so they key is just to make sure your husband qualifies as a Settler (which if he's landing when he turns in his B4 and arriving in Canada with the "intention of establishing, for the first time, a residence for a period of not less than 12 months" shouldn't be an issue).

Hope this loooong post helps! This post would be much shorter if I could find that one paragraph ... however, this way you can have all the laws with you in case anyone questions you at the border :D
WOW....ohcanadiana you are a life saver!! seriously...thank you so much for this info....This is such a relief! I did read the part about fumigating it GoGoGo....thanks :) but I really didn't want to sleep on a mattress after it had been fumigated....all those chemicals :( yuck....

I am going to call CBSA on monday to double check as Ddobro2 used to say to always dbl check everything :)

I want to say thank you so much...this thread has been the key to keeping my sanity....you are all so helpful!!

cheers
mumbles
 

canadapeach

Full Member
Apr 18, 2012
20
0
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2011
Doc's Request.
11-10-2011
AOR Received.
15-07-2011
Med's Request
08-04-2011
Med's Done....
08-04-2011
Interview........
Waived
Passport Req..
27-04-2012
VISA ISSUED...
2012-05-18
GetUsHome said:
Oh heck no. I have had to light a fire under our lawyer's ass the entire way. This has been a complete clusterblank.
Mine has not been the most responsive either. Having serious buyers remorse with that. But these message boards are a god sent. Thank you everyone for all of the great info. I'd ask which lawyer you used but I'm afraid....if it's mine, i won't feel much better. "Clusterblank" doesn't even begin to describe it.
 

GetUsHome

Star Member
Mar 24, 2011
184
7
I don't know about you but I have the Canadian Lawyer Code of Conduct on my desktop and he has been sadly remiss in his service. Does your guy have a first name that starts with D?

canadapeach said:
Mine has not been the most responsive either. Having serious buyers remorse with that. But these message boards are a god sent. Thank you everyone for all of the great info. I'd ask which lawyer you used but I'm afraid....if it's mine, i won't feel much better. "Clusterblank" doesn't even begin to describe it.
 

gypsy494

Star Member
Apr 27, 2010
113
1
Kingston
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-11-2011
AOR Received.
08-11-2011
File Transfer...
24-01-2012
Med's Done....
12-10-2011
Interview........
WAIVED
Passport Req..
21-03-2012
VISA ISSUED...
23-04-2012
LANDED..........
24-04-2012
: bloodyguitars Happy for you!!

Fed ex finally activated...hubby checked Sat morn...will be here Monday ;D

So very happy for all the ones with good news...and feel sad for the ones still waiting...but hang in there.
 

canadapeach

Full Member
Apr 18, 2012
20
0
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2011
Doc's Request.
11-10-2011
AOR Received.
15-07-2011
Med's Request
08-04-2011
Med's Done....
08-04-2011
Interview........
Waived
Passport Req..
27-04-2012
VISA ISSUED...
2012-05-18
GetUsHome said:
I don't know about you but I have the Canadian Lawyer Code of Conduct on my desktop and he has been sadly remiss in his service. Does your guy have a first name that starts with D?
Yes, and last name starts with "C" and is a "leader" in the field. Yeah, definitely not getting warm and fuzzies and just opened an email that took 10 days for my case worker to respond to - in which she provides a non-answer to my initial inquiry (That I Googled a solution to days ago) and tells me she's quitting and I will be getting a new (my 3rd) case worker in May. Then the rest is the standard "I know you sent your stuff in, but Buffalo moves at their own pace blah blah, lady please stop e-mailing me" email.

Sigh - Between this message board, CIC and CBSA sites and Google, we've fared better solo.

My regards to everyone getting some movement with their files. I hope to be able to relate to that excitement soon!
 

GetUsHome

Star Member
Mar 24, 2011
184
7
OMG - We have the same guy. Did he give you a great sales job and then completely fall down on the follow through and then try to cover up his mistakes and then never apologize to anyone for making the mistakes?

canadapeach said:
Yes, and last name starts with "C" and is a "leader" in the field. Yeah, definitely not getting warm and fuzzies and just opened an email that took 10 days for my case worker to respond to - in which she provides a non-answer to my initial inquiry (That I Googled a solution to days ago) and tells me she's quitting and I will be getting a new (my 3rd) case worker in May. Then the rest is the standard "I know you sent your stuff in, but Buffalo moves at their own pace blah blah, lady please stop e-mailing me" email.

Sigh - Between this message board, CIC and CBSA sites and Google, we've fared better solo.

My regards to everyone getting some movement with their files. I hope to be able to relate to that excitement soon!