Separation - Moving Back to Canada

[kimberlypearl 0]

After going through the entire immigration process, and receiving permanent residence status my husband and I have decided to get divorced. I have been living in the United States for just over a year. Due to financial constraints we are moving quickly with things. I will be moving back to Canada next week.

My husband and I are in complete agreement about the division of possessions. I am wondering if I'll encounter any problems at the border? Will they give me a hard time bringing items when I disclose I am separated from my husband? Are there any steps I should be taking?

[Virtuous45 31]

So sorry to hear about your impending separation and divorce from your husband. I never like to hear about the breaking up of families but do what you must. I hope you will be able to get the advice here to help you with your moving, and wish you all the best.

[kimberlypearl 0]

Thank you for your kind words, Virtuous45. this is a very disappointing outcome for both of us. I think we're doing the right thing though, as difficult as it is.

[Kathryn41 3,205]

I'm so sorry that things didn't work out as you had hoped. It is a hard decision to make.

You shouldn't have any real problems at the border. CIC has a really useful publication that should answer a lot of your practical questions: http://www.cbsa-asfc.gc.ca/publications/pub/bsf5087-eng.html

Basically you will need to prepare lists of your belongings, both what you brought with you and what you acquired in the US. Be sure to keep copies of these records because they will also serve to prove the date you returned to Canada - which you will need to establish the correct waiting period until you can qualify for Provincial Health insurance again, as well as to prove your residential qualifications many years in the future when you apply for Old Age Security.

Good luck, and again, I am sorry things did not work out.

Edited January 27, 2014 by Kathryn41

[NikLR 13,232]

I wish the best for you in the future and an easy trip back to Canada.

[NigeriaorBust 4,087]

Have him sign a copy of your list of things going home and then take a copy of his drivers licence to validate signature. ( or get his signature notarized )

[mercy 1]

I'm really sorry to hear this. I hope you are doing okay. I went through this same situation almost five years ago (I am now marrying another American and am now going through the whole crazy thing again), and coming back to Canada was the easiest part. I just showed up at the border with my stuff and no clue. They sent me over to secondary where I filled out some papers saying I was returning and I had to make a list of all the things I had in the car--I had some stuff left behind that I was planning on getting later, so they had me list that too. They were really kind and it was easy and quick. When I was ready to get the rest of my stuff, I just brought the paperwork I got that day and had no problems.

For whatever it's worth, no one ever asked about him--I didn't need his signature on anything, nor proof that I had permission to take the belongings or the car. The car (which was mine originally) was in both our names, and when I registered it in Ontario, I just did it in my name, and they never asked about him. If you have a separation agreement, it wouldn't hurt to have, and you may want it anyway when you file for the divorce, but I don't think anyone will give you a hard time.

You'll also need to surrender your permanent residency within a year of returning--I live near the border and just did this when I crossed one day.

I'm wishing you all the best. I'm sure this is an overwhelming time.

[Udella&Wiz 325]

Excellent advice from someone who has gone through it first hand

I'm really sorry to hear this. I hope you are doing okay. I went through this same situation almost five years ago (I am now marrying another American and am now going through the whole crazy thing again), and coming back to Canada was the easiest part. I just showed up at the border with my stuff and no clue. They sent me over to secondary where I filled out some papers saying I was returning and I had to make a list of all the things I had in the car--I had some stuff left behind that I was planning on getting later, so they had me list that too. They were really kind and it was easy and quick. When I was ready to get the rest of my stuff, I just brought the paperwork I got that day and had no problems.

For whatever it's worth, no one ever asked about him--I didn't need his signature on anything, nor proof that I had permission to take the belongings or the car. The car (which was mine originally) was in both our names, and when I registered it in Ontario, I just did it in my name, and they never asked about him. If you have a separation agreement, it wouldn't hurt to have, and you may want it anyway when you file for the divorce, but I don't think anyone will give you a hard time.

You'll also need to surrender your permanent residency within a year of returning--I live near the border and just did this when I crossed one day.

I'm wishing you all the best. I'm sure this is an overwhelming time.