Sponsor got a job offer

[Spyro64]

Hello!

I am currently being sponsored by my spouse to bring me to Canada. We have been about 9 months into the process and it seems to be on the final stages. Up until this point, we have always stuck with the plan of me moving up to Canada so we can be together. Although, my sponsor just got a really nice job offer in America that she doesn't want to pass up and if she accepts it, we can be with each other sooner than if we waited for immigration to finish.

My question is, should we cancel immigration to Canada and accept the job? Or should we keep following through with the application process? But I feel like that would be bad because don't I need to live in Canada 3 years out of 5 years to be able to renew my PR? And I don't want them to think of anything fishy if they approve me and then I just live in America with my sponsor...

I feel like I just need to cancel my application but I want to see if anyone else has a different opinion. Of course, if I could keep my application going so I have PR in Canada that would be great because then I can move to Canada with my Sponsor if she ever wants to move back. This would prevent us from having to do immigration application all over again. But if we have to do it then we will have to do it. Just trying to figure out the best method without harming either one of us.

Thanks in advanced!

 

[Rob_TO]

Hello!

I am currently being sponsored by my spouse to bring me to Canada. We have been about 9 months into the process and it seems to be on the final stages. Up until this point, we have always stuck with the plan of me moving up to Canada so we can be together. Although, my sponsor just got a really nice job offer in America that she doesn't want to pass up and if she accepts it, we can be with each other sooner than if we waited for immigration to finish.

My question is, should we cancel immigration to Canada and accept the job? Or should we keep following through with the application process? But I feel like that would be bad because don't I need to live in Canada 3 years out of 5 years to be able to renew my PR? And I don't want them to think of anything fishy if they approve me and then I just live in America with my sponsor...

I feel like I just need to cancel my application but I want to see if anyone else has a different opinion. Of course, if I could keep my application going so I have PR in Canada that would be great because then I can move to Canada with my Sponsor if she ever wants to move back. This would prevent us from having to do immigration application all over again. But if we have to do it then we will have to do it. Just trying to figure out the best method without harming either one of us.

Thanks in advanced!

Is your sponsor a Canadian PR or Citizen?
And do they currently live now in Canada or another country?

 

[Spyro64]

Is your sponsor a Canadian PR or Citizen?
And do they currently live now in Canada or another country?

My sponsor is a Canadian Citizen and currently is living IN Canada.

 

[Rob_TO]

My sponsor is a Canadian Citizen and currently is living IN Canada.

Ok, so in this case as soon as your sponsor were to leave Canada they would have to update their address with IRCC. Once the visa officer sees the sponsor is no longer living in Canada, they may then demand proof that the sponsor intends to return to Canada as soon as the PR app is approved. If this can't be done (since the plan is to stay in US long term), then the visa officer would have grounds to reject the application.

Alternatively, if your sponsor could remain living in Canada until your app is approved, then once you've landed as a PR there is absolutely nothing wrong with the sponsor and PR moving outside Canada. And since you would be living with Canadian citizen spouse, the time you spent outside Canada would still count towards your residency obligation to maintain your PR status.

 

[Spyro64]

Ok, so in this case as soon as your sponsor were to leave Canada they would have to update their address with IRCC. Once the visa officer sees the sponsor is no longer living in Canada, they may then demand proof that the sponsor intends to return to Canada as soon as the PR app is approved. If this can't be done (since the plan is to stay in US long term), then the visa officer would have grounds to reject the application.

Alternatively, if your sponsor could remain living in Canada until your app is approved, then once you've landed as a PR there is absolutely nothing wrong with the sponsor and PR moving outside Canada. And since you would be living with Canadian citizen spouse, the time you spent outside Canada would still count towards your residency obligation to maintain your PR status.

"Residency requirement. To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically. The two years may not need to be continuous." So you're saying if I get approved, I land in Canada to get all paperwork done and do what I got to do, then we move to lets say California that would be okay? The rule says I the PR would need to live in Canada for two years PHYSICALLY. You sure that me living with my sponsor in America will count towards that?

If you're correct, that would be amazing!!!

 

[Rob_TO]

"Residency requirement. To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically. The two years may not need to be continuous." So you're saying if I get approved, I land in Canada to get all paperwork done and do what I got to do, then we move to lets say California that would be okay? The rule says I the PR would need to live in Canada for two years PHYSICALLY. You sure that me living with my sponsor in America will count towards that?

If you're correct, that would be amazing!!!

Read the exemptions to that rule also: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

You may also count days outside of Canada as days that you meet the residency obligation in these situations:

Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Proof needed

You must provide supporting documents to prove that:

• The person you are accompanying is a Canadian citizen; and
• You are the spouse, common-law partner or child of that person.

 

[Spyro64]

Read the exemptions to that rule also: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

You may also count days outside of Canada as days that you meet the residency obligation in these situations:

Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Proof needed

You must provide supporting documents to prove that:

• The person you are accompanying is a Canadian citizen; and
• You are the spouse, common-law partner or child of that person.

You are a wonderful person. Thank you so much for your time and help. This is amazing!

Oh one more question, while living in the US, and I am a PR for Canada, would I be able to sponsor her to become a PR in the US? Or would me being a PR of Canada cause issues with me wanting to sponsor her?

If she likes America, then we talked about then maybe I could sponsor her to become PR here in the US. But I would like to keep my Canadian PR too because we never know when we would like to move back to Canada. Does that make sense?

 

[Rob_TO]

You are a wonderful person. Thank you so much for your time and help. This is amazing!

Oh one more question, while living in the US, and I am a PR for Canada, would I be able to sponsor her to become a PR in the US? Or would me being a PR of Canada cause issues with me wanting to sponsor her?

If she likes America, then we talked about then maybe I could sponsor her to become PR here in the US. But I would like to keep my Canadian PR too because we never know when we would like to move back to Canada. Does that make sense?

From a Canadian PR point of view, it's perfectly fine. Having or applying for US green card/PR status, would be completely irrelevant to Canada.

Just one more note, if you do take the route of her remaining in Canada until your PR app is approved, make sure you don't mention your plans to live in the US to CBSA officer when doing PR landing. It's not a question that would routinely be asked, so don't voluntarily talk about it. If CBSA thinks you have no intention to live in Canada, they could potentially cancel your PR app/COPR on the spot and deny your landing. Of course once you become a PR, it's then perfectly fine to do anything you want.

 

[Spyro64]

From a Canadian PR point of view, it's perfectly fine. Having or applying for US green card/PR status, would be completely irrelevant to Canada.

Just one more note, if you do take the route of her remaining in Canada until your PR app is approved, make sure you don't mention your plans to live in the US to CBSA officer when doing PR landing. It's not a question that would routinely be asked, so don't voluntarily talk about it. If CBSA thinks you have no intention to live in Canada, they could potentially cancel your PR app/COPR on the spot and deny your landing. Of course once you become a PR, it's then perfectly fine to do anything you want.

Oh okay thanks for the tip. If they do ask though, I need to tell them, correct? And just to clarify:
"Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age)."

You said that if her and I live in the US, we can count that as me staying in the US. And from the link provided by you, I can see that it says it too. The only thing that is throwing me off is what's in the parentheses. "(if you are a child under 19 years of age)" I am nor is she 19 or under. So does this rule not apply to us then? And I would have to live in Canada? Or what is the 19 years of age about?

Sorry if question seems to be redundant

 

[Rob_TO]

Oh okay thanks for the tip. If they do ask though, I need to tell them, correct?

They will not ask.

And just to clarify:
"Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age)."

You said that if her and I live in the US, we can count that as me staying in the US. And from the link provided by you, I can see that it says it too. The only thing that is throwing me off is what's in the parentheses. "(if you are a child under 19 years of age)" I am nor is she 19 or under. So does this rule not apply to us then? And I would have to live in Canada? Or what is the 19 years of age about?

Sorry if question seems to be redundant

" parent (if you are a child under 19 years of age)."

This is just if accompanying a Canadian parent outside Canada.

 

[Spyro64]

They will not ask.



" parent (if you are a child under 19 years of age)."

This is just if accompanying a Canadian parent outside Canada.

Oh okay! Thank you sooooo much for helping me out throughout the day today! You're awesomeeeeee