Delay landing, withdraw application or... PLEASE HELP!

[jnt211]

Hi-

Due to some unforeseen life circumstances we are suddenly uncertain if moving to Canada is possible in the next year or so. We are currently in the midst of the application process (Annex A has been requested) but nothing is complete yet.

We are trying to figure out he best way to proceed. Should we withdraw or application? Is there a way to delay landing? I read somewhere that you can land and then as long as you move there within 3 years (so that you honor the 2 out of 5 year obligation) that that's fine as well, is that true?

If we withdraw will that jeopardize our chance for approval in the future? If the process is complete and then we don't land, I assume that would also jeopardize our chance for approval in the future?

I can't figure out how to contact CIC from outside Canada to get this information.

Thanks so much!!

 

[kcward7]

Hi-

Due to some unforeseen life circumstances we are suddenly uncertain if moving to Canada is possible in the next year or so. We are currently in the midst of the application process (Annex A has been requested) but nothing is complete yet.

We are trying to figure out he best way to proceed. Should we withdraw or application? Is there a way to delay landing? I read somewhere that you can land and then as long as you move there within 3 years (so that you honor the 2 out of 5 year obligation) that that's fine as well, is that true?

If we withdraw will that jeopardize our chance for approval in the future? If the process is complete and then we don't land, I assume that would also jeopardize our chance for approval in the future?

I can't figure out how to contact CIC from outside Canada to get this information.

Thanks so much!!

You can do a soft landing, yes.

 

[jnt211]

You can do a soft landing, yes.

Got it. And what happens is we were to not land or to soft land and then not end up moving there? Would it prevent us from applying in the future? Could we still travel to Canada on our American passports???

 

[canuck_in_uk]

Got it. And what happens is we were to not land or to soft land and then not end up moving there? Would it prevent us from applying in the future? Could we still travel to Canada on our American passports???

If you don't land, nothing happens. If you want to move in future, you start the process all over again.

If you soft land and don't move, nothing happens. You remain PRs and as you will be living with your Canadian spouse, your time outside of Canada counts towards the Residency Obligation.

 

[jnt211]

If you don't land, nothing happens. If you want to move in future, you start the process all over again.

If you soft land and don't move, nothing happens. You remain PRs and as you will be living with your Canadian spouse, your time outside of Canada counts towards the Residency Obligation.

This is so helpful!

Just to clarify, as long as my husband and I are living together (I am citizen, he is the one being sponsored to be PR), we are meeting citizenship requirements even though we are living in the US??

In which case, as long as we live together he (and our son) will always be PRs regardless of where we live as long as we have landed?

 

[Linda_s74]

This is so helpful!

Just to clarify, as long as my husband and I are living together (I am citizen, he is the one being sponsored to be PR), we are meeting citizenship requirements even though we are living in the US??

In which case, as long as we live together he (and our son) will always be PRs regardless of where we live as long as we have landed?

No, when you become a PR your husband has to live in Canada for 2 out of the next 5 years to meet the obligation whether they are with you or not. As the others have mentioned, you don't have to move to Canada right away, you can do a soft landing. It's best not to withdraw the application.

 

[Buletruck]

No, when you become a PR your husband has to live in Canada for 2 out of the next 5 years to meet the obligation whether they are with you or not.

Actually he doesn’t. The fact he is living with a Canadian spouse outside of Canada exempts him from the 2 in 5 requirement. In most cases, time spent outside of Canada with your Canadian spouse counts towards RO.

 

[canuck_in_uk]

This is so helpful!

Just to clarify, as long as my husband and I are living together (I am citizen, he is the one being sponsored to be PR), we are meeting citizenship requirements even though we are living in the US??

In which case, as long as we live together he (and our son) will always be PRs regardless of where we live as long as we have landed?

PR residency requirement, NOT citizenship requirement.

Yes.

 

[Linda_s74]

Actually he doesn’t. The fact he is living with a Canadian spouse outside of Canada exempts him from the 2 in 5 requirement. In most cases, time spent outside of Canada with your Canadian spouse counts towards RO.

Hmm I didn't know that!

 

[jnt211]

PR residency requirement, NOT citizenship requirement.

Yes.

Sorry, yes-- that's what I meant; PR Requirement, not Citizenship. So essentially (though this is NOT our plan) my husband and I can both continue to live together and work in the US (I have dual citizenship and he is the PR app) and at any point in the future we can move to Canada to live? He can accumulated all of the residency obligation days while living in the US since we are living together as long as he lands in Canada after receiving COPR?

Sorry, I don't mean to beat a dead horse. This is just blowing my mind and would make planning our life for the next couple years infinitely easier!

 

[canuck_in_uk]

Sorry, yes-- that's what I meant; PR Requirement, not Citizenship. So essentially (though this is NOT our plan) my husband and I can both continue to live together and work in the US (I have dual citizenship and he is the PR app) and at any point in the future we can move to Canada to live? He can accumulated all of the residency obligation days while living in the US since we are living together as long as he lands in Canada after receiving COPR?

Sorry, I don't mean to beat a dead horse. This is just blowing my mind and would make planning our life for the next couple years infinitely easier!

Yes.

 

[canuck78]

Sorry, yes-- that's what I meant; PR Requirement, not Citizenship. So essentially (though this is NOT our plan) my husband and I can both continue to live together and work in the US (I have dual citizenship and he is the PR app) and at any point in the future we can move to Canada to live? He can accumulated all of the residency obligation days while living in the US since we are living together as long as he lands in Canada after receiving COPR?

Sorry, I don't mean to beat a dead horse. This is just blowing my mind and would make planning our life for the next couple years infinitely easier!

2 little wrinkles. To be approved for spousal sponsorship you will have to show intent that you will move back to Canada soon after approval. They can be pretty demanding about concrete proof you will be relocating. Then there is also the issue of who is accompanying whom. PR should be following Canadian spouse to a commitment abroad for the time to count for PR. Depending on who is reviewing the case there seems to be different interpretations so often isn't enforced but you never know a few years down the road.

 

[jnt211]

2 little wrinkles. To be approved for spousal sponsorship you will have to show intent that you will move back to Canada soon after approval. They can be pretty demanding about concrete proof you will be relocating. Then there is also the issue of who is accompanying whom. PR should be following Canadian spouse to a commitment abroad for the time to count for PR. Depending on who is reviewing the case there seems to be different interpretations so often isn't enforced but you never know a few years down the road.

I've already been approved to sponsor. We are at the COPR point in the process... These changes are recent and really unexpected and that's why we're at a loss of what to do. Is it still considered who following/accompanying who if we've both ever only lived in the US?

 

[canuck_in_uk]

I've already been approved to sponsor. We are at the COPR point in the process... These changes are recent and really unexpected and that's why we're at a loss of what to do. Is it still considered who following/accompanying who if we've both ever only lived in the US?

You likely would have already received a request for more proof of intent to return if IRCC wasn't happy with what you sent originally, so that shouldn't be an issue.

The "who is accompanying whom" debate has really only affected a very small fraction of people in this situation. It also really only affects people who need to apply for a PRTD to return to Canada, as they have to show evidence of meeting the RO based on having accompanied their spouse. Given that you are American and don't need a PRTD to come to Canada, this also shouldn't be an issue.

Make sure to apply for your SIN when you do your soft landing.

 

[canuck78]

I've already been approved to sponsor. We are at the COPR point in the process... These changes are recent and really unexpected and that's why we're at a loss of what to do. Is it still considered who following/accompanying who if we've both ever only lived in the US?

Circumstances change. Not sure if there is ever a negative reaction given that you are no longer relocating. Since you could just sponsor again I doubt it.