US outland applicants' thread :)

[parker24]

You're welcome - found it and added it to the post above As I mentioned in that post, if you want him to drive the car while it's in Canada, give CBSA a call and ask them for an interpretation based on your specifcs. I've seen folks give opinions on both sides on the internet but nothing from an authority or that seems conclusive.

Good luck!

Interesting. I'm beyond confused with it all haha. I have been driving my husband's US car up until Feb, when I broke my foot. So technically I'm not allowed to? ???

 

[OhCanadiana]

Interesting. I'm beyond confused with it all haha. I have been driving my husband's US car up until Feb, when I broke my foot. So technically I'm not allowed to? ???

I don't know for certain. I suspect that the devil is in the details on this one. But, I've read enough noise around this that If I were LovingMyCanuck, I'd check to avoid surprises. That's why I suggested she try calling CBSA.

Stinks that you broke your foot - take care. And if it heals before he is a PR and imports his car, call CBSA.

 

[parker24]

I don't know for certain. I suspect that the devil is in the details on this one. But, I've read enough noise around this that If I were LovingMyCanuck, I'd check to avoid surprises. That's why I suggested she try calling CBSA.

Stinks that you broke your foot - take care.

Thanks, I'll give them a call. My husband's bank (the one who he got the car loan with) was freaking out that the car was in Canada, even though he's still a visitor. He had to calm them down and say that he's still paying, so why do they care? So they calmed down. They thought he needed their permission to just VISIT with his car. I almost died laughing at some people's stupidity (at this bank). I do know his insurance covers me, so I'll either call CBSA or go to the local MTO or something. A little worried, but not much since I can't drive for another month anyway! LOL

 

[OhCanadiana]

Thanks, I'll give them a call. My husband's bank (the one who he got the car loan with) was freaking out that the car was in Canada, even though he's still a visitor. He had to calm them down and say that he's still paying, so why do they care? So they calmed down. They thought he needed their permission to just VISIT with his car. I almost died laughing at some people's stupidity (at this bank). I do know his insurance covers me, so I'll either call CBSA or go to the local MTO or something. A little worried, but not much since I can't drive for another month anyway! LOL

Yeah, I think some leases don't let you remove the car from the country (since it's hard for them to go after the cash if the lessee decides to stop paying and they can't seize the car).

Take care of that foot - ouch!

 

[parker24]

Yeah, I think some leases don't let you remove the car from the country (since it's hard for them to go after the cash if the lessee decides to stop paying and they can't seize the car).

Take care of that foot - ouch!

It's not leased apparently, he owns it, it's a loan. Which is fine. And like I said, we've been paying it so it's not an issue But still was funny when they were saying that he needed permission to leave the state let alone the country because we actually looked into it and he's allowed to visit with his car *shakes head*

I'm trying to haha. It's been a VERY long haul, final surgery is June 28th, I should be up and running (pun intended ) by Sept, which is good because I work in the school system and would LOVE to get back to work!

 

[OhCanadiana]

It's not leased apparently, he owns it, it's a loan. Which is fine. And like I said, we've been paying it so it's not an issue But still was funny when they were saying that he needed permission to leave the state let alone the country because we actually looked into it and he's allowed to visit with his car *shakes head*

I'm trying to haha. It's been a VERY long haul, final surgery is June 28th, I should be up and running (pun intended ) by Sept, which is good because I work in the school system and would LOVE to get back to work!

Sorry - should have been clearer. Ditto applies for loans. They still own the car until he fully pay it off and can't get to it (as easily) if it's no longer in the US so they get picky (since they get to et the terms...*sigh*)

Eek ... Surgeries.... Doesn't sound like a minor fracture

 

[LovingMyCanuck]

Oh gosh despite of the information you gave me, I am still confused. I will call CBSA but is there a way you can explain not in Book text words what that all means lol. Extra info, my car has been paid off, it's only 11 years old, and I was hoping I would be able to visit Canada for the whole application process.

 

[OhCanadiana]

Oh gosh despite of the information you gave me, I am still confused. I will call CBSA but is there a way you can explain not in Book text words what that all means lol. Extra info, my car has been paid off, it's only 11 years old, and I was hoping I would be able to visit Canada for the whole application process.

I think it may help if we break this down into components since the uncertainty is focused on one point:

(1) There should be no issues with you and your husband driving up in your car to Canada and you visiting him while you put your application together (and a bit longer if you want). As an American, you need no visa and you'll likely get a 6 month duration of stay. When you cross the border, the officers will want to make sure that your stay is temporary. A mistake people make is to start moving items that scream I'm moving vs. I'm visiting (e.g pots and pans). Take proof of your ties to the US (lease agreement, etc) since they may ask. Be upfront in why you drove - as you said before, it's cheaper to drive than fly.

(2) If you decide to extend your stay once you are in Canada, you can do so from within Canada (instructions here. If you decide to go back to the US and then visit your husband again, there's no point in extending your stay since any extension will expire when you leave Canada. Therefore, wait to decide on this until you've been in Canada for a while and figure out if you will stay non-stop or not.

(3) You can temporarily import your car while you are a visitor in Canada (the first regulation I quoted backs you up on this point).

(4) I think your husband may not be able to drive your US-plated car while you (and the car) are in Canada until you import it after you become a PR (if he is a Canadian resident). The second regulation may mean that he cannot drive the car except in emergencies and maybe on the direct path to/from the border taking goods in/out of Canada. To avoid surprises, get clarity on this point, I would encourage you to call the CBSA directly so they can guide you based on your specific situation. I've run into enough noise over time that I think a Canadian resident cannot drive a US-plated car (unless it's a commercial rental car and they meet certain conditions) but I'm not certain on this point (never researched it specifically and haven't run into anything conclusive as I've researched other points).

(5) When you become a PR, you'll need to import your car and once you do, he'll be able to drive it. I wrote a post on the details of this process that will guide you through it when the timing gets closer.

I had written another post and lost it when my browser crashed so if anything seems to be missing please alert me to it.

Hope this helps add clarity - please keep asking until it's clear There's a lot of intricacies in your question.

 

[LovingMyCanuck]

Thank you, you pretty much summed the whole car fiasco up. However I am concerned about being let in. I thought if I was obviously intending on either 1) finishing up my application and 2) want to wait out my application that I was be exempted from providing ties to the US. Am I right?

 

[OhCanadiana]

Thank you, you pretty much summed the whole car fiasco up. However I am concerned about being let in.

To be let in you need to be a visitor with ties to the US. Period.

I thought if I was obviously intending on either 1) finishing up my application and 2) want to wait out my application that I was be exempted from providing ties to the US. Am I right?

Sorry, but no

To enter as a visitor, you must be intending to exit Canada. You can have dual intent and intend in the short term to stay temporarily and in the longer term to move once you get PR status. But, your short term stay must be temporary and you must intend to leave (and not overstay your allowed duration of stay) before your stay expires.

Folks who are entering repeatedly have reported finding it easier to have their spouse/partner vouch for them since you can't work as a visitor and it helps to have a Canadian vouch for the fact that you both undertake the stay is temporary.

Even though it isn't your exact situation, you may find GOGOGO's experience helpful:

 

[LovingMyCanuck]

Thank you I have read that post and found it helpful. My husband is planning on vouching for me and we were hoping for a visitors record that lasted more than 6 months. I guess we were just being optimistic. Now this makes me scared, I literally have no ties back to the states !

 

[apstone]

Depends on the border agent as well. When I came across the border with my wife, we had the application ~50% complete and I had a Uhaul full of stuff. I told the female agent that I was planning on filling out the application and waiting as a visitor. She gave me a hard time about bringing my stuff but she was very nice and ended up giving me a 1 year visitor record. On another trip to the border, the agent I spoke to was shocked that I had been let in with so much stuff, but it was fine. I always told the truth to the agents, and they usually respond to that. Once you start dancing around the question of your intentions, everything spirals down from there

I think it's strange that they give you 6 month or 1 year visitor records and still expect you to show ties to the US. How can you realistiically do that. The only evidence I brought was the immigration package and a copy of my bank statements. If I am planning on travelling for 6 months, I won't have an apartment to lease, a job to go back to, or anything really besides friends/family. What have other people used as ties? Because when it comes down to it, your real ties are to your spouse, and you are residing in Canada as a 'visitor' but never intending to leave. Sometimes I wish CBC would just drop the charade and say it's OK to come and do that from Visa-exempt countries. Would make things a lot simpler and less stressful.

About the car....it is not legal for Canadians to drive US plated vehicles. That being said, I doubt a cop would give your husband a ticket if he pleaded ignorance. If he got into an accident, that might be a different story for insurance and everything. I am driving my US plated vehicle up here while I wait for PR. My auto insurance company has been calling me, and I have told them that I am travelling and using my parents mailing address. The money keeps coming out of my account, so I still have coverage.

I tried to import my truck so I could switch to Ontario insurance, but the agents at the POE wouldn't let me. I don't know if they were correct, but they said that I couldn't import it as a visitor. Before that, I had gone to Service Ontario to ask about it, and they said that I had to go to a POE (I went to Hamilton airport) to get a form or something. So I went, and they told me to just wait until I get my PR to import it. It's almost impossible to get a speeding ticket here in southern Ontario, so I don't anticipate any problems with getting pulled over.

Anyways, let us know if you find any info out about the car stuff

 

[podkayne8]

Thank you, you pretty much summed the whole car fiasco up. However I am concerned about being let in. I thought if I was obviously intending on either 1) finishing up my application and 2) want to wait out my application that I was be exempted from providing ties to the US. Am I right?

I crossed with my application in process and just brought what I could fit into my car, my car, and my cat. I had my cats rabies certificate but no one ever asked to see it. Most of my stuff is in storage back in the states. I had no job and no apartment to go back to - just extensive friends and family who would have vouched for me and I listed my mom's address as mine. The agent was pretty nice to us (my flew down and we drove my car across together), talked about dual intent and gave me a 6 month visitor record. From my perspective once he looked up my client ID number and saw that my application was indeed submitted, he was fine. I think he asked my husband more questions than me, like where he worked etc.

I am driving my car around as a visitor with US plates still as I haven't received my COPR to go land yet. My husband does drive it too occasionally if we need to switch cars for some reason - I had no idea that wasn't legal! lol oopsie!

 

[LovingMyCanuck]

Thanks Apstone and Pod, +1s to you both. Thank you so much for sharing your guy's experiences. One thing though what did either of you tell the IO the purpose of your guy's visits? Also, Pod, I want to bring my US plated car up as well, did you have to import it what was the process?

 

[podkayne8]

Thanks Apstone and Pod, +1s to you both. Thank you so much for sharing your guy's experiences. One thing though what did either of you tell the IO the purpose of your guy's visits? Also, Pod, I want to bring my US plated car up as well, did you have to import it what was the process?

Yes, we were honest with the IO and told him I wanted to visit to wait out the processing. And nope, since I was just coming as a visitor I didn't have to import my car. They really paid no attention at all to my car, cat or the stuff in my car. We just had to go inside the immigration area and talk to the officer. Once he issued me the 6 month visitor record they just sent us on our way.

We had been flying back and forth to see each other for nearly 2 years and I never overstayed. I kinda assume that shows in my history somehow when they scan my passport but I dont know. Ultimately, the IO was content we had already submitted our application and that I had a client ID number. I was pretty nervous but my husband is the calm type thankfully.