The Usual: American Boyfriend to Canada

Message Topic Search Topic Options Post Reply Create New Topic Printable Version Translate Topic

Hello!

I'm here with, what I'm sure is, a common inquiry.
My boyfriend is American, I'm Canadian (born and raised).
We've had a few discussions and have decided that we want to have him immigrate to Canada to be together. Because y'know, Canada rocks.

He works as a Graphics Designer for a company in the U.S. that's very supportive of our relationship, and would like to continue working with them remotely, however is unsure if he can do that.

When we've looked into it, it looks like our easiest method is to get married on paper and then for me to sponsor him as a spouse to come to Canada. However, by my understanding he can't work while his paperwork is being processed which can take up to a year. Financially, we can't afford that.
That being said, we were wondering if while his paperwork is being processed (and after the fact), if he could continue working for the company in the U.S. he's currently working for, and keep his bank accounts in the states, etc.

We figured this wouldn't be an issue because it enhances the Canadian economy; He'd be making money in the States but spending it all in Canada. Especially as he would still be a legal citizen of the States as well.

Please halp.

Author	Message Topic Search Topic Options Post Reply Create New Topic Printable Version Translate Topic
Kiraberries Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 13 Aug 2015 Status: Offline Points: 2	Post Options Post Reply Quote Kiraberries Report Post Thanks(0) Quote Reply Topic: The Usual: American Boyfriend to Canada Posted: 13 Aug 2015 at 1:56am
	Hello! I'm here with, what I'm sure is, a common inquiry. My boyfriend is American, I'm Canadian (born and raised). We've had a few discussions and have decided that we want to have him immigrate to Canada to be together. Because y'know, Canada rocks. He works as a Graphics Designer for a company in the U.S. that's very supportive of our relationship, and would like to continue working with them remotely, however is unsure if he can do that. When we've looked into it, it looks like our easiest method is to get married on paper and then for me to sponsor him as a spouse to come to Canada. However, by my understanding he can't work while his paperwork is being processed which can take up to a year. Financially, we can't afford that. That being said, we were wondering if while his paperwork is being processed (and after the fact), if he could continue working for the company in the U.S. he's currently working for, and keep his bank accounts in the states, etc. We figured this wouldn't be an issue because it enhances the Canadian economy; He'd be making money in the States but spending it all in Canada. Especially as he would still be a legal citizen of the States as well. Please halp.

canuck25 Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group Forum Moderator Joined: 09 Mar 2012 Status: Offline Points: 831	Post Options Post Reply Quote canuck25 Report Post Thanks(0) Quote Reply Posted: 13 Aug 2015 at 9:50am
	First and foremost, your question belongs in another thread, not in the citizenship discussion forum. First some general notions around Americans visiting Canada American citizens and US lawful permanent residents are allowed to visit Canada without a tourist visa for as long as 180 days, unless indicated otherwise by the border agent. This can also be extended if your boyfriend advises Canada Border Services Agency as to the nature of his visit and the reason for extending it past the usual 6 month period. Americans must follow the Western Hemisphere Travel Initiative (WHTI) requirements and arrive at the border with a "legal travel document" that will not expire during the duration of your boyfriend's visit. Please note that these requirements were introduced because US Border Protection now (since June 2009) requires US citizens returning home to have these documents in their possession to re-enter USA. Here is the caveat: If your boyfriend is moving here to "live" with you, please be aware that the Canada Border Services Agency has the right to deny him entry into the country if they think he is trying to move to Canada in order to live here permanently. If border agents believe he is in fact moving here, they may consider that a reason not to let him in, as he will be perceived as trying to change a "Temporary Resident" status (tourist) into a "Permanent Resident" status (immigrant). If he wants to come live here, he needs to apply for immigration to Canada instead. A few thoughts concerning your specific question and case To my knowledge (and I'd ask an immigration lawyer to confirm this - try Abrams and Krochak in Toronto as they will provide a free consult) - your boyfriend can still continue working for his US employer and there is no harm in his getting paid to his US bank account. I think what is precluded is employment IN Canada by a Canadian employer. Please confirm this with a lawyer, though I think you should be OK if he continues to work remotely for his US-based employer. Second, please note that if his job requires him to travel to the US occasionally he may want to discuss with a Canadian immigration lawyer whether he in fact needs to stay in Canada while application is in process. That's another issue to consider. Lastly, remember that this forum is not intended to provide 100% legal advice - everyone here is an amateur mostly speaking from personal experience and understanding of the law. Only a handful of participants have legal backgrounds, so there is no substitute for spending a couple of hundred on an immigration consultation. Please be sure to see an attorney/lawyer and not an immigration consultant. Edited by canuck25 - 13 Aug 2015 at 9:50am