Denied entry to Canada..when to recross?

I am not much familiar with the process for obtaining an ARC, authorization to return to Canada, but I thought that someone excluded from Canada for misrepresentation (which is what this sounds like) meant that the ban was for two years, not one, but hopefully someone else here will enlighten you about this. It is my vague, uncertain impression, that during the applicable time period (one year for most exclusion orders, two years if based on inadmissibility for misrepresentation) a Foreign National (FN; and Americans without PR status or dual citizenship are indeed FNs in Canada) may apply for authorization to return, and that after the applicable period they seek entry through the ordinary procedures. Again, hopefully someone else will clarify this, as I am not sure how such exclusion orders work.



Assuming the period of exclusion is up and he can approach a POE and ask to be allowed to visit Canada like any other American who is not inadmissible:

There is no procedure for Americans to apply in advance for a "visitor's visa" to Canada. Americans must appear at a POE and be examined (often cursory, not again for your partner, however, for awhile anyway), where they may or may not be allowed entry, and if allowed entry may be subject to specific restrictions or conditions (I was occasionally given short-term Visitor's Records, a couple for around sixty days, pursuant to which I was given a specific must-leave-by-date around two months from the date I was at the POE.


Crossing the border going forward will be a bit tricky. It shouldn't be, but now he is flagged, and once turned back it is a lot easier for the next officer to also turn him back, and twice turned back and issued an exclusion order, he is likely to be closely and skeptically examined. After all, he has a significant tie to Canada, you, and his record will illustrate that he already made a major move toward furthering the relationship.

The bad news is that there really is no guaranteed way for him to obtain entry into Canada unless and until he obtains a PR visa.

The good news is that if CBSA is persuaded, going forward, that he will be complying with Canadian immigration law, and is not attempting to move to Canada unless and until given status to live in Canada, once you formally begin the PR application process and particularly if you accompany him while traveling to Canada, there are good odds he will be allowed entry. He may be given a Visitor's Record at the POE. That is no big deal. He is already in the system so that only formalizes the conditions pursuant to which he will be allowed to enter, including specifying a must-leave-by-date.

(My experience at the Emerson POE has been quite positive, even when I too was flagged, long before I became a PR, due to a long-term relationship with a Canadian and other substantial Canadian ties. But that was a few years back and things have continued to change toward more formality, more scrutiny, stricter application and enforcement of rules and policy.)



How-to (assuming there is no need to apply in advance for ARC):

You not only can but actually you must pay the PR app fees prior to actually submitting the application (you have to pay the fees and then include the original of the receipt with the application), so you can pay the fees any time now even if it will be weeks or even months before you get the application submitted. So, if you accompany him, and you are carrying a copy of the marriage certificate and a copy of the receipt showing fees for the PR app have been paid, and otherwise you and him both come across as intending to fully comply with Canada's laws, the odds are very high (still no guarantee) they will allow him into Canada. Once he has been allowed back into Canada, it should get progressively easier on subsequent trips across the border -- each time he comes to Canada and timely leaves will bolster their confidence that he will properly leave the next time. He should be traveling light, like a visitor would travel. Both of you should be forthright and impeccably honest in answering their questions. Be upfront about the PR plans. Be upfront about intending to fully comply with Canadian immigration law and about NOT living in Canada unless and until he is in fact granted PR status. Helpful to carry documentation proving his Minnesota ties, such as employment payment stubs, evidence of U.S. bank account, rental receipts for housing in the U.S., telephone and other utility bills.

It is important to remember that any document or item you or he may want to present inside once referred to secondary, you need to have in your hands, a small brief case say that is right at your fingertips as you approach the border and which you can pick up and carry inside with you. This includes a copy of the marriage certificate and copy of receipt for PR app fees paid, and so on. Have it in your hands when you go inside. They usually do NOT allow people to return to their vehicles to obtain more paperwork. They may allow some people to do so, but in having been often referred to secondary myself over the course of many years, and deliberately watching and eavesdropping on others who were in secondary at the same time, as best I discreetly could (and yes, I know, a bit of an invasion of privacy, but I anxious to know as much about the process as I could discern while there), it is my distinct impression that they will base their decision on what is there in front of them at the time, not allowing the individual to retrieve additional materials from their vehicle (or in an airport, they do not allow the individual to retrieve their baggage), so if there is anything you want them to see in your favor, have it in your hands (and in a way that makes it relatively easy to retrieve the documents) but do not do so in a manner as if you were lawyers approaching a trial in a courtroom . . . discretion, poise, confidence and politeness, a good appearance, all probably has more positive effect than many realize.