US citizen moving to Canada (spousal) - advice please

[danapefq]

Hi everyone, first time posting here, hope this is all put together correctly

My Situation:

I am a US citizen, I'm in a relationship with someone in Canada. We met online, we've known each other for about a year, but have never lived together, and now we are considering getting married and living together in Canada but we are not sure the quickest way to go about it, which is why I'm posting here. Specifically, I have a tentative plan, but I am not sure if it entirely makes sense, so I'd like to get some opinions on whether it's any good, and if not, what might be better

The Plan:

Currently I visit them in Canada regularly (a short drive for me), I always tell the border officer I am visiting someone I know, provide an approximate time when I'll be returning, and am allowed through without issue. Our intention would be to get engaged shortly, continue visiting regularly, get married in November during another short visit, and then have me come up for a long visit in January, during which time we would live together and apply for inland spousal sponsorship and an open work permit. They are on ODSP and make a modest income from a consulting business they own, so we should be fine financially, and with a work permit I should be able to get a networking job that will pay well. Once the open work permit is approved, I would return to the US, put my affairs in order as quickly as possible, and then move to Canada. For each of the visits I would continue to inform the officers that I am visiting my partner, fiance, spouse, etc. as the case is at the time, and then upon crossing to Canada for the final time I would tell them that I am intending to live and work in Canada on my open work permit while my permanent residency application is being processed. I would not sever any ties to the US until after receiving the open work permit, I would keep my job, my apartment, etc. etc.


Can any forum members weigh in on whether this is an acceptable way to go about things?

 

[canuck_in_uk]

Hi everyone, first time posting here, hope this is all put together correctly

My Situation:

I am a US citizen, I'm in a relationship with someone in Canada. We met online, we've known each other for about a year, but have never lived together, and now we are considering getting married and living together in Canada but we are not sure the quickest way to go about it, which is why I'm posting here. Specifically, I have a tentative plan, but I am not sure if it entirely makes sense, so I'd like to get some opinions on whether it's any good, and if not, what might be better

The Plan:

Currently I visit them in Canada regularly (a short drive for me), I always tell the border officer I am visiting someone I know, provide an approximate time when I'll be returning, and am allowed through without issue. Our intention would be to get engaged shortly, continue visiting regularly, get married in November during another short visit, and then have me come up for a long visit in January, during which time we would live together and apply for inland spousal sponsorship and an open work permit. They are on ODSP and make a modest income from a consulting business they own, so we should be fine financially, and with a work permit I should be able to get a networking job that will pay well. Once the open work permit is approved, I would return to the US, put my affairs in order as quickly as possible, and then move to Canada. For each of the visits I would continue to inform the officers that I am visiting my partner, fiance, spouse, etc. as the case is at the time, and then upon crossing to Canada for the final time I would tell them that I am intending to live and work in Canada on my open work permit while my permanent residency application is being processed. I would not sever any ties to the US until after receiving the open work permit, I would keep my job, my apartment, etc. etc.


Can any forum members weigh in on whether this is an acceptable way to go about things?

Hi

Be aware that there is never any guarantee that you will continue to be granted entry, even with an OWP and a PR app in process.

Once you apply inland, you are advised not to leave. If you are refused entry back into Canada, your inland app is abandoned. If you remain outside for too long, IRCC may consider that you are no longer cohabiting with your spouse in Canada as required and refuse the app.

 

[danapefq]

I see, I was under the impression that the OWP would allow me to reenter since it gives me the right to live and work in Canada. I was hoping to only return to the US once for a few days, but if there is a significant likelihood that I will be refused entry back to canada then this may not be feasible.

If I were to follow my existing plan up to that point but never return to the US, arrange my affairs there remotely, have my things shipped to me, etc., do you think that would be better?

 

[canuck_in_uk]

I see, I was under the impression that the OWP would allow me to reenter since it gives me the right to live and work in Canada. I was hoping to only return to the US once for a few days, but if there is a significant likelihood that I will be refused entry back to canada then this may not be feasible.

If I were to follow my existing plan up to that point but never return to the US, arrange my affairs there remotely, have my things shipped to me, etc., do you think that would be better?

Only Canadian citizens/PRs have the right of entry. The likelihood of being refused re-entry is low. Many people leave and return without issue. It is just a risk to be aware of.

 

[danapefq]

Ah, ok, so it is something that technically could happen, but is not likely to? Are there ways I could mitigate the risk of that happening?

 

[scylla]

Ah, ok, so it is something that technically could happen, but is not likely to? Are there ways I could mitigate the risk of that happening?

Best mitigation is to keep border crossings to a minimum. No way to eliminate the risk of border crossings. When you re-enter Canada, make sure it doesn't look like you're moving. Bring what you would bring with you if you were visiting. Leave items that indicate you are moving in storage or with family/friends in the US (you can move those once you are approved for PR).

Note that since your partner is on ODSP, there is always some risk IRCC may move to refuse the application for financial reasons. It's good that your partner has a consulting business and makes an income off of that. Make sure this is clear in the application - including tax returns. You should also provide proof of your previous employment from the US (tax returns, pay slips) to indicate your ability and willingness to be employed once in Canada.

 

[danapefq]

I really appreciate all the advice. I wasn't aware that it would be unwise to move my things to Canada with only the OWP while the PR app is processing. I suppose that is ok, as I can hold my things in storage. It sounds as though it may be best to simply not return to the US at all once the app is submitted. However, in that case I would have to enter with the intent to visit and then end up staying and applying for PR, is that acceptable?

As to the financial issue, I can certainly provide tax returns and paystubs(my current job pays around 50k USD), and my partner would have income statements and invoices(they make around 20k CAD in total with ODSP I believe), but since they only started actively doing consulting again this year after getting on ODSP they may not have tax returns, do you think that will work ok?

 

[scylla]

I really appreciate all the advice. I wasn't aware that it would be unwise to move my things to Canada with only the OWP while the PR app is processing. I suppose that is ok, as I can hold my things in storage. It sounds as though it may be best to simply not return to the US at all once the app is submitted. However, in that case I would have to enter with the intent to visit and then end up staying and applying for PR, is that acceptable?

As to the financial issue, I can certainly provide tax returns and paystubs(my current job pays around 50k USD), and my partner would have income statements and invoices(they make around 20k CAD in total with ODSP I believe), but since they only started actively doing consulting again this year after getting on ODSP they may not have tax returns, do you think that will work ok?

As an American, you should be absolutely fine to leave and then return a few times. Just don't make it a really regular thing - and avoid doing things like bringing all of your stuff with you. If you do that - you should be absolutely fine. Fine to bring clothes. Don't bring a desktop computer or microwave. Easiest way to check if it's OK to bring is to ask yourself if you would bring that thing as a visitor. If the answer is no - leave behind until you are a PR. Bringing a car full of stuff can create very big problems at the border - even for Americans. While they are rare, we have seen horror stories here.

You will be more than fine on the income side of things. Technically those on ODSP can still sponsor. However time to time we see IRCC refuse because they have concerns both individuals will end up on social assistance payments. You both have income and can easily eliminate this risk simply by including tax returns and pay stubs.

 

[danapefq]

Excellent, that's very encouraging. Yes, it seems the financial side should be fine, as long as I have a permit I should have no difficulty finding work in Toronto.

One thing I am not entirely clear on tho, if I enter the us and return to canada, what do I report to the officer? Do I simply say I am visiting despite the fact that I have an inland PR app submitted, or do I say that I am living in canada temporarily with my spouse, or...I'm not sure?

(to clarify, I assume that I need to be truthful, just asking what is the best way to describe this situation accurately and concisely at the border)