TRV question?

[Wexton]

Would a TRV be the type of immigration document I'm looking for? My goal is to temporarily live in Canada with my fiancé (currently residing in St. Catherines, ON) and work in Buffalo. It's basically just across the Niagara Falls border. I'm thinking I can still work in the US and live with my fiancé while she goes to her University classes.

Once she is done with her degree the plan is for her to move to the USA, so my guess is that the TRV would be the ideal way to go. Am I right? Any suggestions or thoughts you would have would be greatly appreciated!

 

[scylla]

Unfortunately there is no temporary immigration document that will satisfy your needs.

A TRV allows you to visit Canada only - not live there. Crossing back and forth between the US and Canada daily may work for a short period of time (my guess is a week or two?) but will eventually become a problem. You should expect that you will eventually be refused entry into the country since you will be behaving as someone who lives in Canada rather than a visitor. Once you have been refused entry once, future crossings become more difficult.

Having PR status in Canada would allow you to do as planned. The fastest way for you to obtain PR status would be for your fiance to sponsor you. To sponsor you, you must be married or common law (common law means you have lived together for a minimum of one full year). The processing time for such an application would likely be around one year. So until then, living with her while traveling to the US to work wouldn't be possible.

 

[Wexton]

Thank you scylla for the information! I don't understand why they require us to live together for 1 year for common law. Basically I'd have to live in Canada illegally for a year before I could get sponsorship. Is that correct? How have others been able to accomplish this with out being in another country illegally? We do plan to get married, but we want to take time to plan out our wedding.

 

[scylla]

No - you don't have to live in Canada illegally.

You enter Canada for a six month visit and then extend your visit by another six months from inside of Canada. Many have done this and it has worked very well. However this only works if you don't leave Canada during this time.

You want to exit and re-enter Canada daily to work in the US. This is the part that's really not doable.

 

[Wexton]

No - you don't have to live in Canada illegally.

You enter Canada for a six month visit and then extend your visit by another six months from inside of Canada. Many have done this and it has worked very well. However this only works if you don't leave Canada during this time.

You want to exit and re-enter Canada daily to work in the US. This is the part that's really not doable.

That would be the difficult part. I do need to continue my income and from what I've read I don't think I'd be able to find a job in Canada with just a visit visa. Is that correct?

If so, then she'd have to support me financially.

 

[scylla]

That would be the difficult part. I do need to continue my income and from what I've read I don't think I'd be able to find a job in Canada with just a visit visa. Is that correct?

If so, then she'd have to support me financially.

Yes - that's correct. It's illegal to work on a visitor visa. If you can find an employer in Canada willing to hire you, then you can apply for a work permit. The process of obtaining a work permit is easier if you have an occupation that qualifies under NAFTA (if you qualify under NAFTA - no Labour Market Opinion is required). However based on the experiences on this forum, it appears it's typically pretty diffciult to find an employer in Canada regardless. You might be better off getting married sooner than planned and submitting the sponsorship documentation now - rather than having to wait to accummulate a year of living together for common law.

 

[Wexton]

Yes - that's correct. It's illegal to work on a visitor visa. If you can find an employer in Canada willing to hire you, then you can apply for a work permit. The process of obtaining a work permit is easier if you have an occupation that qualifies under NAFTA (if you qualify under NAFTA - no Labour Market Opinion is required). However based on the experiences on this forum, it appears it's typically pretty diffciult to find an employer in Canada regardless. You might be better off getting married sooner than planned and submitting the sponsorship documentation now - rather than having to wait to accummulate a year of living together for common law.

A relative of ours did suggest looking for NAFTA jobs, so that theme keeps coming up. I'm grateful for the feedback scylla! Thank you for taking time out to help answer my questions. I really enjoy the helpful information on this forum! I've been very impressed and I'll come back to this thread if I have any new questions. Thank you!

 

[scylla]

Good luck!

 

[Wexton]

If I get married does it matter which country we get married in?

 

[amikety]

If I get married does it matter which country we get married in?

Not in the least. You can get married anywhere in the world as long as it's a legally recognized ceremony. (I. e., you can do a destination wedding if you'd like.)

Only real requirements (and this is simplified):
- marriage is legal where you were married
- you both meet legal requirements to marry in Canada, such as age and not currently married

Btw, you can legally stay in Canada longer as a visitor. I'm at two years in 4 days. If it comes to that, the process is pretty simple, especially with a PR application in process.

 

[Wexton]

Btw, you can legally stay in Canada longer as a visitor. I'm at two years in 4 days. If it comes to that, the process is pretty simple, especially with a PR application in process.

Thank you for your help Amikety! Since you've been there as a visitor for 2 years, have you been able to find work? Or are you restricted from working while visiting?

 

[Wexton]

I have another question that is a little different. My fiance is First Nations/Canadian. Would she be able to live with me in Buffalo, NY and still be able to cross the border everyday to go to college in a Canadian city?

I know I would not be able to live in Canada and travel everyday across the border for work, so I was wondering if she would have the same restrictions. I know she has some freedoms based on the Jay Treaty, but I didn't know how open it was about crossing everyday. If anyone knows or can point me in the right direction I'd be ever grateful!

 

[amikety]

Thank you for your help Amikety! Since you've been there as a visitor for 2 years, have you been able to find work? Or are you restricted from working while visiting?

No working. No one wanted to get a LMO to hire me either. Places did want to hire me, until they found out I needed the LMO to get a work permit.

As far as your spouse crossing the border daily, I would check on an USA based forum. I don't know anything about the Jay treaty but I do know in normal circumstances, daily crossings start to raise red flags and the chance of being denied entry starts to go up and up. She's allowed to visit, but not "live" in the USA. Crossing every day, as in during her trip home, would be "living" in the USA. But like I said, I don't know about the Jay treaty and if that gives her any special rights to cross frequently.

 

[Wexton]

No working. No one wanted to get a LMO to hire me either. Places did want to hire me, until they found out I needed the LMO to get a work permit.

As far as your spouse crossing the border daily, I would check on an USA based forum. I don't know anything about the Jay treaty but I do know in normal circumstances, daily crossings start to raise red flags and the chance of being denied entry starts to go up and up. She's allowed to visit, but not "live" in the USA. Crossing every day, as in during her trip home, would be "living" in the USA. But like I said, I don't know about the Jay treaty and if that gives her any special rights to cross frequently.

Thanks again Amikety! I'll keep looking around for more info.