U.S.: Relocation on temporary permit?

[peregrineyankee]

Hi all,

I’m a U.S. citizen, engaged to a Canadian. I’m trying to emigrate to Canada. We’ve never lived together, so she can’t sponsor me. (The wedding will be sometime next year.)

My company will retain me as an independent contractor, so I have work covered. (Getting the CIC to understand that may be another matter!)

I’ve found an apartment to rent up near her and am about to wire an initial payment for it.

QUESTION #1: Apparently I can be in the country for 6 months at a time; I just need to return to the U.S. at some point within that 6-month span, and all is well?

QUESTION #2: Can I move my belongings to Canada now? Or do I need to hold off on that until I have permanent residency?

Thank you!

 

[scylla]

#1 - It's not that simple. How long you are allowed into Canada is entirely up to the CBSA official you encounter at the border. Many Americans get six months - but not everyone. If the officer suspects you may be more than just a tourist (i.e. attempting to live in Canada without authorization), it's possible you could be refused entry or only given a very short visit. If you want to extend your visit, you should apply for an extension from within Canada. If you leave Canada and attempt to re-enter soon afterwards for another six months, this will increase the chances of issues with the CBSA officer since it will likely be pretty clear you're living here.
#2 - No. Not until you are a PR.

Note that you need to make sure none of the work you're doing involves Canadian customers, contract or clients.

 

[scylla]

BTW - I would not mention the rented apartment when you enter Canada. That's proof you're far more than just a tourist and are attempting to live in Canada. Always keep in mind that visiting is a privilege and not a right.

 

[peregrineyankee]

Gah … well, lying to the border patrol isn’t a great idea either … ?? :-/

 

[peregrineyankee]

(As to work, none of the work I will be doing will involve Canadians.)

 

[scylla]

Gah ... well, lying to the border patrol isn’t a great idea either ... ?? :-/

No - it's not a good idea.

I simply wouldn't volunteer the fact that you have rented an apartment. Similarly, I wouldn't volunteer the fact that you plan to live in Canada as a visitor while working remotely for your employer. If you're directly asked, then of course you need to be honest.

And make sure you don't pack like you're moving.

 

[peregrineyankee]

They’ve asked me where I was staying before when I crossed the border, I’m almost sure. Previously I just stayed at an Airbnb.

Ech. Will they grant a temporary, 1-year resident visa if I apply?

(Thank you for your time.)

 

[scylla]

Ech. Will they grant a temporary, 1-year resident visa if I apply?

I'm not sure what you mean by a 1-year resident visa.

If you're talking about a TRV (temporary resident visa) - this won't help in any way. It's no different than having a visa exempt passport (which you already have). How long you're allowed into Canada is still up to the CBSA officer at the border. A TRV is meant to be used to visit Canada - not live here. A work permit would allow you to live in Canada. However for that you need a full time job offer from an employer in Canada and potentially an approved LMIA (depending on whether your occupation falls under NAFTA or not).

 

[lieob2]

QUESTION #1: Apparently I can be in the country for 6 months at a time; I just need to return to the U.S. at some point within that 6-month span, and all is well?

QUESTION #2: Can I move my belongings to Canada now? Or do I need to hold off on that until I have permanent residency?

Thank you!

QUESTION #1: That is true.
QUESTION #2: It is not recommended. But I did take my belongings by car cross the border 10 years ago, it really depends on the officer at the border. I have to say the one I met is really nice, my car is full of stuff, even including TV. But I really do not know whether they are that nice nowadays.

 

[peregrineyankee]

QUESTION #1: That is true.
QUESTION #2: It is not recommended. But I did take my belongings by car cross the border 10 years ago, it really depends on the officer at the border. I have to say the one I met is really nice, my car is full of stuff, even including TV. But I really do not know whether they are that nice nowadays.

That’s encouraging!

What makes my situation anomalous is that I have no need to work for a Canadian employer; my American contracting engagement will provide an ample living and won’t involve any work with Canadian persons or entities.

As I see it, Canada only gains from my being there: I’m not taking a job, and I’m putting American money into their economy.

Is there some way that I could talk to someone at the CIC and clarify any of this, rather than navigate the all-computerized stuff that doesn’t really have a category for people like me?

 

[scylla]

Is there some way that I could talk to someone at the CIC and clarify any of this, rather than navigate the all-computerized stuff that doesn’t really have a category for people like me?

You can call the CIC Call Centre - however they won't be of any help. They only answer basic how to questions (and even that they do badly). What you're looking for is advice for an unusual situation - this isn't something they do.

You'd have to hire an immigration lawyer or consultant for advice.

But again, there is no visa that meets the requirements of what you want to do. And again, ultimately if and how long you're allowed into Canada is up to the CBSA officer. Those are the realities. Take it from someone with an American husband who spent the better part of three years in Canada as a visitor. I was nervous each time he re-entered Canada since he was spending so much time here and there was no way to guarantee entry.

 

[Ponga]

That’s encouraging!

What makes my situation anomalous is that I have no need to work for a Canadian employer; my American contracting engagement will provide an ample living and won’t involve any work with Canadian persons or entities.

As I see it, Canada only gains from my being there: I’m not taking a job, and I’m putting American money into their economy.

Is there some way that I could talk to someone at the CIC and clarify any of this, rather than navigate the all-computerized stuff that doesn’t really have a category for people like me?

This is a very slippery slope.

If you are deemed to be a resident (for tax purposes), since you truly will be, in essence, living in Canada...you could have a tax issue in Canada as well as with the beloved IRS.
http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html

If you have not established significant residential ties with Canada to be considered a factual resident, but you stayed in Canada for 183 or more days in the year, you may be considered a deemed resident of Canada.


http://www.cic.gc.ca/english/resources/tools/temp/work/about.asp
What kind of activities are not considered to be "work"?

long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

Yes, I suppose Canada does `gain' since you will be pumping money into the economy, but...you also gain, since the USD is currently worth ~ 20% more than the CAD.

 

[peregrineyankee]

Yes, I suppose Canada does `gain' since you will be pumping money into the economy, but...you also gain, since the USD is currently worth ~ 20% more than the CAD.

That’s actually more than offset by the higher retail costs in Canada. Gas, for example: $1/L is fairly typical now around Mississauga. That’s $3.78 CAD / gallon, currently about $2.90 USD / gallon. I pay about $2/gallon in the U.S. Food prices also seem a bit higher, and, of course, HST is much higher. (And then there are provincial and federal income taxes …)

 

[peregrineyankee]

Would freight be a reasonable way to get my household goods up there earlier—e.g., if I shipped things like my TV or stereo to my girlfriend in anticipation of using them myself when I arrive? Or would that be considered fraud?