Sponsoring my partner

[jess2210]

Hi everyone.
I am a Canadian citizen and my partner is Dutch. I currently work as a PhD student but I've been accepted to a PhD program in Canada and will be moving in late March. I am moving to Quebec (although originally from Ontario) so I am a bit confused as to whether I need to submit the application for Quebec or Ontario. We definitely want to stay in Quebec until I am done with the PhD but given I am not from Quebec I don't even know if I can sponsor him to be a resident of Quebec (if I am not one myself). The other issue is that if we apply before I leave in March, then, does that overcomplicate things? Or is it better to wait until I've moved to send the documents in?

Thank you,
Jess

 

[armoured]

Do you want him to move at same time as you?

That will likely be your main decision point, look up inland vs outland applications. Inland: he will mainly need to stay in Canada while processing, but can get work permit while it's being processed. Outland: no work permit.

I do not believe it matters that you have not yet resided in Quebec, go with your destination province.

There are many other important aspects, such as you state partner - are you married or common-law? - but just as a start in your research.

 

[jess2210]

Do you want him to move at same time as you?

That will likely be your main decision point, look up inland vs outland applications. Inland: he will mainly need to stay in Canada while processing, but can get work permit while it's being processed. Outland: no work permit.

I do not believe it matters that you have not yet resided in Quebec, go with your destination province.

There are many other important aspects, such as you state partner - are you married or common-law? - but just as a start in your research.

Hi armoured, thank you for answering!!

Actually we wanted him to move after me because we didn't think he could get the work permit right away and he doesn't like the idea of not being able to work. So that is why I wonder if it makes sense to send it now (?) or after I move..? We've lived together for almost 3 years in the Netherlands, we are not married.

 

[armoured]

Actually we wanted him to move after me because we didn't think he could get the work permit right away and he doesn't like the idea of not being able to work. So that is why I wonder if it makes sense to send it now (?) or after I move..? We've lived together for almost 3 years in the Netherlands, we are not married.

Suggest looking into each of the programs and pay some attention to processing times, etc. If you apply now before you move, he'd be without work permit until approved, and that can take a while (12 months is the time period gov't suggests is 'normal', but it can also be quicker, or longer). Possibly will be quicker for applicants from NATO countries and as or if relationship reasonably well established, but no way to know for certain in advance. Obviously if he has job and okay waiting, that's not so hard.

Inland (where he moves with you and apply): I don't know how long it takes to get the work permit, I'm sure others can comment. But if the final approval for PR status took longer for whatever reason, he'd already be in Canada with you and probably with work permit for much of that time.

 

[Eveslm]

You can apply outland; there is a good possibility that it might be processed quicker than inland, with the current trend. With inland the Open Work Permit decision timeline is 3-4 months, while the outland application might be approved anytime between 3/6/8/12 months (depends on your case and how straight forward or complex your application might be).

The decision to apply now or after you move is entirely up to you; you just need to look at the pros and cons (if any). One issue with applying now is that you will need to show proof of intent to return to Canada (you can submit your PHD acceptance letter, and any other evidence you might have including but not limited to housing arrangements, etc)

As you will be residing in Quebec during the duration of your studies (3+ years for a PHD?) then i suppose your residence during the application will be Quebec? I am not sure if you can apply as an Ontario resident while you have not been living in Ontario for awhile, and will not be living in Ontario during the entire time that your application will be processed. You might want to look more into this.

 

[Eveslm]

Suggest looking into each of the programs and pay some attention to processing times, etc. If you apply now before you move, he'd be without work permit until approved, and that can take a while (12 months is the time period gov't suggests is 'normal', but it can also be quicker, or longer). Possibly will be quicker for applicants from NATO countries and as or if relationship reasonably well established, but no way to know for certain in advance. Obviously if he has job and okay waiting, that's not so hard.

Inland (where he moves with you and apply): I don't know how long it takes to get the work permit, I'm sure others can comment. But if the final approval for PR status took longer for whatever reason, he'd already be in Canada with you and probably with work permit for much of that time.

If they apply now before they move it will be an outland application as they will both be outside Canada, then yes the PA wont get an open work permit (for Canada) as he wont qualify, but then the PA wont need a work permit if they are in the Netherlands as he is Dutch where i suppose they are working

 

[armoured]

If they apply now before they move it will be an outland application as they will both be outside Canada, then yes the PA wont get an open work permit (for Canada) as he wont qualify, but then the PA wont need a work permit if they are in the Netherlands as he is Dutch where i suppose they are working

Yes, I agree - I was only referring to work permit in Canada (of course).

I agree they need to look at both as you wrote above - if he's okay waiting (and working) in NL until approved, outland is fine. As you wrote, it could be 3/6/9/12 or even more months, but as from a visa waiver country can likely visit without much trouble. At least amsterdam to montreal is a well-serviced route.

 

[jess2210]

As you will be residing in Quebec during the duration of your studies (3+ years for a PHD?) then i suppose your residence during the application will be Quebec? I am not sure if you can apply as an Ontario resident while you have not been living in Ontario for awhile, and will not be living in Ontario during the entire time that your application will be processed. You might want to look more into this.

Waiting is definitely not an issue as he is currently working and cannot just drop everything and leave (which is sort of what I am doing).

Well, do I not need to wait a year before changing my residence? I've gone through websites and websites and as a Canadian moving to a different province I know I cannot apply to be a resident of that province if I am just a student so this is complicating things and I have no idea who to talk to about this. I also can't find proper contact information about this sort of questions hence why I asked here ..

 

[armoured]

Well, do I not need to wait a year before changing my residence? I've gone through websites and websites and as a Canadian moving to a different province I know I cannot apply to be a resident of that province if I am just a student so this is complicating things and I have no idea who to talk to about this. I also can't find proper contact information about this sort of questions hence why I asked here ..

Wow, I thought this was going to be an easy answer and then did a wee bit of internet digging and realised it's complicated. Your situation is a bit of a corner case, unusual combination of different aspects of 'residency.'

But here's my best guess, please check carefully as much as you can:

I think your question is coming from the question of determining your residency in Quebec for purposes of educational tuition, etc. And since starting soon, presume McGill has informed you that you're not a quebec resident by their (provincial) reckoning.

The definitions of residency status by province seem to depend on the question 'in which context' (or for what purpose). Compicated further here by fact that Quebec is the only province to be involved in the PR/family sponsorship process. I'm not even sure you are a resident of Ontario anymore (although again, heatlh care purposes different from others).

I think the answer here is that your spouse intends to become a resident of Quebec when he gains PR status and joins you. And you intend to live with him in Quebec. I don't believe you need to be a resident of Quebec to have him join you there (PR status is a federal responsibility) or sponsor him in any way that matters. He does not intend to live in Ontario.

Even if there is some part that's connected, if you apply before you depart NL, you are applying to move (both of you) to Quebec upon arrival, and whether you will technically be a resident of Quebec or just actually resident, your husband does intend to arrive in Quebec and arrive there.

So I think you apply under basis that your husband will go to Quebec. At minimum, I'm guessing that doing so will avoid any delays or issues for you in having someone determine later that you should have applied to Quebec (as the only province with an extra step in process of qualifying for family sponsorship). IE if you indicated Ontario and later found out it has to be Quebec, you might later face a delay, but I doubt the reverse is true.

This is not easy, and I suspect you could end up with some weirdly different 'resident in Quebec for purposes of X (e.g. taxes) but not for Y (eg tuition).'

Welcome to Canadian federalism and shared provincial responsibilities.

Anyway, sorry, not sure you'll be able to find many with the specific issue you have here (most other provinces it wouldn't matter much).

 

[armoured]

Well, do I not need to wait a year before changing my residence? I've gone through websites and websites and as a Canadian moving to a different province I know I cannot apply to be a resident of that province if I am just a student so this is complicating things and I have no idea who to talk to about this. I also can't find proper contact information about this sort of questions hence why I asked here ..

To boil down my more complicated answer/speculation above: I don't believe your residency status in quebec (for eg. tuition purposes) matters at all for indicating where he intends to move and reside to. You are sponsoring him as a citizen of Canada who intends to live in Quebec (regardless of your status in Quebec, no-one disputes you have the right to live there), with your spouse who will be a resident of Quebec.

 

[jess2210]

To boil down my more complicated answer/speculation above: I don't believe your residency status in quebec (for eg. tuition purposes) matters at all for indicating where he intends to move and reside to. You are sponsoring him as a citizen of Canada who intends to live in Quebec (regardless of your status in Quebec, no-one disputes you have the right to live there), with your spouse who will be a resident of Quebec.

Okay that's very helpful in thinking about how to proceed with this. Thank you very much for taking the time and answering my question!

In terms of my status in Ontario, I moved to the Netherlands for study purposes so I've been a student mostly here. Last year I started working and now I'm moving back but actually I've always done my taxes in Ontario, every year since I left. In my mind, that means I'm still a resident of Ontario. Am I correct in my thinking?

 

[armoured]

Okay that's very helpful in thinking about how to proceed with this. Thank you very much for taking the time and answering my question!

In terms of my status in Ontario, I moved to the Netherlands for study purposes so I've been a student mostly here. Last year I started working and now I'm moving back but actually I've always done my taxes in Ontario, every year since I left. In my mind, that means I'm still a resident of Ontario. Am I correct in my thinking?

Again, I warn I'm only thinking through this, and some of the specifics of the Quebec selection program I just don't know. But for those applying from abroad (with both spouses with intent to move to Quebec), I believe the intent is what matters, not the last place of residence (or even current residence, I think) in Canada. It's possible the threads here on quebec may have more info.

As for your current provincial residence status: I honestly don't know how that works especially for students. Again, there are slightly different implications re: Ontario health care, provincial and federal taxes, etc. (Do students in Quebec pay taxes in Quebec? Will you be working in Quebec? A lot of phd students do...). To the extent I ever knew this stuff that info would be out of date these days. As far as 'residence in Quebec' what I could find seemed to be approaching from the Quebec government rules about how to qualify as a resident for tuition purposes, and to take a positive-proof approach (you have to prove you were a resident at the start of study).

It's also possible McGill or McGill or other student forums would be able to help. Surely you're not the first to return to Canada after study with a spouse now applying for PR status - but also possible that there are relatively few and may be hard to find someone in same situation.

(My guess is this is perhaps a bit of a nothing burger of an issue and you just apply and are treated like any other Canadian abroad applying for PR status to return with your spouse in tow)

Not claiming special expertise - please do research and check yourself as much as you can.

 

[armoured]

Should have said, the application packages for Québec destined applicants may clarify some of these points.

 

[jess2210]

Again, I warn I'm only thinking through this, and some of the specifics of the Quebec selection program I just don't know. But for those applying from abroad (with both spouses with intent to move to Quebec), I believe the intent is what matters, not the last place of residence (or even current residence, I think) in Canada. It's possible the threads here on quebec may have more info.

As for your current provincial residence status: I honestly don't know how that works especially for students. Again, there are slightly different implications re: Ontario health care, provincial and federal taxes, etc. (Do students in Quebec pay taxes in Quebec? Will you be working in Quebec? A lot of phd students do...). To the extent I ever knew this stuff that info would be out of date these days. As far as 'residence in Quebec' what I could find seemed to be approaching from the Quebec government rules about how to qualify as a resident for tuition purposes, and to take a positive-proof approach (you have to prove you were a resident at the start of study).

It's also possible McGill or McGill or other student forums would be able to help. Surely you're not the first to return to Canada after study with a spouse now applying for PR status - but also possible that there are relatively few and may be hard to find someone in same situation.

(My guess is this is perhaps a bit of a nothing burger of an issue and you just apply and are treated like any other Canadian abroad applying for PR status to return with your spouse in tow)

Not claiming special expertise - please do research and check yourself as much as you can.

Thank you very much for taking the time to answer!!

I definitely need to look into this more but your answers are really helpful. So thank you!

 

[canuck_in_uk]

Okay that's very helpful in thinking about how to proceed with this. Thank you very much for taking the time and answering my question!

In terms of my status in Ontario, I moved to the Netherlands for study purposes so I've been a student mostly here. Last year I started working and now I'm moving back but actually I've always done my taxes in Ontario, every year since I left. In my mind, that means I'm still a resident of Ontario. Am I correct in my thinking?

You are WAY overthinking this. You are not a resident of Ontario. You live outside of Canada. You are moving to Quebec. Your partner will be moving to Quebec. You will be giving a Quebec address in the app. You will be required to follow the Quebec process as well.