Question about visitor's record

[*Siren*]

A few weeks ago my husband (U.S. citizen) and I went to the border to obtain a visitor's record for him so he can stay with me while our sponsorship application is finalized. He was issued a one year visitor's record. We are planning on loading up a truck and bringing his possessions to Canada on March first. Will he have to import his car at this time, or can he wait until he gets his PR?

 

[Rob_TO]

We are planning on loading up a truck and bringing his possessions to Canada on March first.

Very bad idea. Don't move his possessions until he has his PR.

First, the visitor record doesn't guarantee him entry to Canada. He is still just a visitor and must act like a visitor. If the border officer sees him trying to move all this stuff, he will think he's trying to "live" in Canada despite only being a visitor, and there is a very high chance of being denied entry.

And second, he can only import stuff into Canada duty-free, once he lands as official PR with B4 import forms. Without PR, and goods he brings over the border are subject to duties and taxes.

When he eventually gets PR make sure you research how to import a car. There are lots of steps involved, one of which is making safety modifications to make it confirm to Canadian standards (i.e. like running daytime lights).

 

[*Siren*]

CBSA told us that this was ok when they issues the visitor's record. Before we even got the visitor's record we asked several officers on several occasions if he could bring all of his things to Canada and they all gave the same answer, yes he can. He just has to prove that we still have an application for permanent residency in progress.

 

[Rob_TO]

CBSA told us that this was ok when they issues the visitor's record. Before we even got the visitor's record we asked several officers on several occasions if he could bring all of his things to Canada and they all gave the same answer, yes he can. He just has to prove that we still have an application for permanent residency in progress.

It doesn't matter what any of them told you, it only matters what the specific border officer you get on the specific time he actually tries to move his stuff to Canada, will think.

And based on all the rules out there, he could possibly get denied entry, or charged a lot of duties/taxes on the goods. It's incredibly risky to attempt. You are simply not allowed to "move" to Canada as a visitor, before having PR status.

 

[*Siren*]

Even without PR you are allowed ONE duty free trip to furnish a residence in Canada. A lot of U.S. citizens have vacation property in Canada and are able to bring across furnishings duty free one time only. If he gives away or sells any of those item in Canada, he will then have to pay all applicable duties and taxes. From CBSA:

When entering Canada to work for less than 36 months or to study, you can temporarily import your personal
and household goods (such as furniture, tableware, silverware, appliances and motor vehicles) duty-and
tax-free, as long as the following conditions are met:

The goods cannot be used by a resident of Canada;

You are not permitted to sell or otherwise dispose of the goods in Canada; and

You must take all non-consumable items with you when you leave the country at the end of your
temporary residence.

 

[Rob_TO]

Even without PR you are allowed ONE duty free trip to furnish a residence in Canada. A lot of U.S. citizens have vacation property in Canada and are able to bring across furnishings duty free one time only. If he gives away or sells any of those item in Canada, he will then have to pay all applicable duties and taxes. From CBSA:

When entering Canada to work for less than 36 months or to study, you can temporarily import your personal
and household goods (such as furniture, tableware, silverware, appliances and motor vehicles) duty-and
tax-free, as long as the following conditions are met:

The goods cannot be used by a resident of Canada;

You are not permitted to sell or otherwise dispose of the goods in Canada; and

You must take all non-consumable items with you when you leave the country at the end of your
temporary residence.

I don't think the "entering Canada for work or study" one will apply, if he only has visitor status. You would need official work or study permit for this.

For the duty-free trip to furnish a residence, I would just make sure you have an official deed, mortgage or lease document in your spouse's name, to prove that he really owns property in Canada.

All it takes is 1 border agent to not like your story, and they could make this a very difficult situation for you guys. I'm sure others here can also advise on this or give their experiences.

 

[*Siren*]

Both of our names are on a lease for an apartment here.

 

[keesio]

From CBSA:

When entering Canada to work for less than 36 months or to study, you can temporarily import your personal
and household goods (such as furniture, tableware, silverware, appliances and motor vehicles) duty-and
tax-free, as long as the following conditions are met:

The goods cannot be used by a resident of Canada;

You are not permitted to sell or otherwise dispose of the goods in Canada; and

You must take all non-consumable items with you when you leave the country at the end of your
temporary residence.

As Rob said, this is for people coming to reside in Canada on a temporary work permit or study permit. It does not apply to a visitor.

Note the last sentence:
"You must take all non-consumable items with you when you leave the country at the end of your temporary residence."

Your husband will not be a temporary resident like someone on a work permit or study permit. He will not be a resident but a visitor.

 

[Rob_TO]

Both of our names are on a lease for an apartment here.

You should also read here: http://www.cbsa-asfc.gc.ca/publications/pub/bsf5082-eng.pdf
Seasonal residents
If you are a non-resident of Canada and you acquire or lease a residence in Canada for seasonal use for at least
36 months, you have a one-time entitlement to furnish the residence with certain goods, duty- and tax-free.
This does not apply to a mobile or portable home, a time-share residence, a residence that you will share with
a resident of Canada or a residence that you will rent or lease to others in your absence.

As the lease is also in your name (a citizen of Canada), and is most likely not specified for a full 36 months duration, this clause would NOT apply to your husband. Also the home is obviously not for "seasonal" use, as will be determined easily by any border officer asking questions.

As a visitor your husband doesn't appear to qualify for any ways to import goods into Canada duty-free, before getting his PR status. Get a grumpy border officer and you could be in for a very tough time and lots of questioning. I would advise you to read up on other US citizens' experiences with CBSA, when trying to "move" with lots of goods, while with visitor status. Lots of horror stories out there!