Jonny

Okay this is quite a tricky question, I hope I make it clear enough, but ask questions if needed.... Advice from Jim Humphries, Andrew Miller or anyone else who knows will be appreciated...

I'm a UK citizen and my wife is Canadian. We're both living in the UK at the moment and we've applied for Spouse PR through London and we were hoping to be in Vancouver by Xmas. London started processing my application on 9th July. Unfortunately, partly due to my cock up, but partly to do with dodgy instructions (but that's another thread ), I didn't include a police check with the original PR application.

A couple of days ago we received a request for a police check, so now I have applied for that through the local police station here in the UK and this will take up to 40 days to arrive. Once we get this police check we need to submit it to the CHC in London and then wait even longer for my passport request. So it looks like we won't be there by Xmas.

Now here's the question, bear with me... What I want to know is this: Can I buy a return ticket to Vancouver and go as a tourist for a couple of months and tell CHC that my address has changed to my parents address (in the UK). When my parents phone me in Vancouver and tell me they've received the passport request, can I then post my passport to my mum, get her to post it to the CHC, then get my mum to post it back to me in Vancouver. So now I would have my stamped passport in Vancouver but haven't officially landed. So can we then take a drive to the US border, exit Canada and then come back in to officially land me as a new PR???

This would mean we were in Canada by Xmas without having to go and come back again a couple of times to finalise it all. I know this isn't the offical way to do things, and I'm risking my passport in the mail, but I can't see any problems with it myself....

Anyone done this?? Would US customs (in Bellingham) pose a problem?? Should we tell them what we're up to??

Andrew Miller

Yes, you can do it as described.

But for landing you don't need to enter US at all - you drive to Peace Arch (or other major) border crossing, leave Canada and then follow "Return to Canada" sign to return without getting even close to US immigration booths.

Jonny

Thanks Andrew, music to my ears. But can you just confirm that we can leave Canada but not actually enter the USA, my wife is from Vancouver and has used that border crossing before and doesn't remember a "Return to Canada" option before entering the USA? But then she would never have needed to do this...

PMM

Hi Jonny

Believe me its there. Just past the peace arch on the left side before you hit US inspection booths.

PMM

Jonny

Thanks Mr Miller...

So I guess that means when landing as a new PR there is no requirement that says you must come from your own country or the country that processed your PR application?

Just a couple more things:

What would you recommend for shipping our stuff? We only have a couple of boxes of books and work papers that we'll be shipping over, we have no furntiure or anything like that. I know I can't turn up in Vancouver airport saying I'm staying for 3 months as a tourist and also having a goods to follow list. I guess we could ship it all in the Canadian wife's name as she will be coming on a one way ticket...

What about customs at Vancouver airport when we first arrive, should I buy a return ticket and tell them that I intend to return to the UK to finalise everything and then not use my return portion and just drive to the US border, or should I instead buy a one way ticket and own up to everything on arrival, and tell them that I am waiting for the result of a PR application in London and intend to drive to the border to land when it is completed...

Your help and advice is (as always) invaluable...

Andrew Miller

Exactly - there is no such requirement.

All stuff should be brought or shipped by your wife as her returning resident posessions - this way no worries about timing and that stuff may come here before you get visa.

At the port of entry tell the truth and have evidence to document it (your file number in CHC London and corresspondence from them). Never, ever try to "make up" anything.

Jonny

Thanks Mr Miller. Last question before I buy my ticket.... When I get to Vancouver airport with my return ticket, should I tell them that I do not intend to use the return portion but will drive to the US border to land when my visa comes through. Or shall I tell them that I intend to return to the UK to finalise my PR and will fly back and land. I'm just worried about turning up and saying I have no intention of flying back to the UK and will land at Peace Arch. If this is not a problem, can I even just buy a one way ticket? Or will they not let me into the country as a "tourist" with a one way ticket?

Jonny

Andrew Miller

No, you don't need to get to this at all (about landing intentions) as it is irrelevant at the time of your arival as visitor.

But you need to disclose the fact of having your PR case at final stage in London and that your intention is to remain with your Canadian wife in Canada and wait here for the conclusion of PR process. That is all.

Jonny

Okay thanks. So from that I assume that when I land as a visitor and I have to fill in the landing card which asks for the length of my stay, I put the date of my return flight (whether I use it or not). Or do I leave it blank and face a grilling by immigration?

Jonny

Andrew Miller

If it is an open ticket then put date 6 months ahead, if it is not an open ticket or ticket that cannot have date changed then put the date of departure on the ticket. But all of that is not very relevant as you will tell examining officer what your intentions are anyway.

Jonny

So I should tell the examining officer at Vancouver airport that I may not use the return portion of my ticket and if my visa comes through before my return flight I plan to drive to Peace Arch instead of returning to the UK?

Also, going back to my first post, do I actually need to involve my parents in the sending in of my passport to London CHC? When we go back to Vancouver should I change our address to my parents address in the UK or should I instead give them the in-laws address in Vancouver? Would London CHC send a passport request to Canada? and later on send my passport with visa to Canada or would that raise concerns?

Jonny

p.s. this really is the last question now... I'm on the brink of booking those flights

Andrew Miller

Again - you don't need to tell this unless asked.

And you may change your mailing address to address in Canada by properly notifying visa post. CHC London will send passport request to the last mailing address on file and they will later send the passport back to the same address (or different is specifically asked for it when sending passport in for visa).

Jonny

We've just booked our flights so we're off on December 8th and will wait it out in Vancouver. Will do as you suggest. Thanks for all your help.

One last question though... When we receive a passport request, do we have to supply anything else other than the passport? A self addressed and stamped envelope? Or will CHC London pay for the postage of my passport to me in Vancouver? If so, will they ship it as standard mail (that might get lost) or take precautions such as courier, mail that needs to be signed for etc? What would happen in the event that it did go missing?

Thanks again and we'll post our experience shortly after landing on Dec 8th.

Jonny

Andrew Miller

You will courier passport to CHC London and they will mail it back by regular mail. For your own protection you should open an account with FedEx and provide it when sending passport. Or you may set up a prepaid FedEx return for the passport. CHC London will then agree to your request to send passport back to you using either your own FedEx account or prepaid FedEx.