How to move back to Canada with American wife?

[TorontonianInNM.USA]

Hi there CanadaVisa forum people,

In October 2018 I moved down to Albuquerque, NM to marry my fiancee. I received my 2-year conditional lawful permanent residence, AKA Green Card, in late 2019.

We had known each other since 2012, met in 2013, and made several trips to see each other (mainly me going to NM to see her, but she came to Canada once for a few months to stay with me).

Our plan was to live in America for the foreseeable future. Recent events, both personal and otherwise, have caused us to decide to change our course. We now want to live together in Canada.

My question is, given that we're both in the USA and we'd like to stay together during any immigration process for my wife, what steps should we take to start the process of my spousal sponsorship of her?

Thank you so much!

 

[mahtax]

Depends how much in a hurry you are. You apply to sponsor her from outside the country if you want her to be able to get a job and have healthcare when she lands in Canada (depending on the province). That takes about a year start to finish.

Or, you take her to Canada on a visitor visa and apply inland, but not all provinces will let her get medicare. She'll be elligible for an open work visa as soon as you get approved as a sponsor - which can take about 3 months.

 

[canuck78]

Depends how much in a hurry you are. You apply to sponsor her from outside the country if you want her to be able to get a job and have healthcare when she lands in Canada (depending on the province). That takes about a year start to finish.

Or, you take her to Canada on a visitor visa and apply inland, but not all provinces will let her get medicare. She'll be elligible for an open work visa as soon as you get approved as a sponsor - which can take about 3 months.

Getting an SOWP is a separate process and is now taking 5+ months.

 

[mahtax]

Let me clarify - the spouse becomes eligible to apply for the OWP once the sponsor is approved. I didn't mean that as soon that the sponsor was approved, the spouse got their OWP

 

[TorontonianInNM.USA]

We appreciate the replies, thank you!

If it helps clarify our situation, we're looking to move back to Ontario (should have specified that sooner), most likely Toronto (specifically Toronto, not GTA).

As far as inland sponsorship goes.. we want to make a land crossing, as we have 4 cats to bring with us, and don't want to try to fly them from New Mexico to Ontario. We'd like to, if possible, make the move in March or early April of 2021, so the 1 year or so wait period for outland sponsorship doesn't sound so great to us (please let us know if this time estimate is off, either plus or minus). Also, it isn't strictly necessary that she be able to work immediately upon arrival. Re: health care eligibility, I read something a few months ago that due to COVID19, in Ontario, the waiting period for immigrants to receive OHIP eligibility is currently being waived, is that correct? And is that still in effect?

Given these things, having her enter on a visitor's visa and then applying from there is preferable, as long as she'll be admitted at the border--this is something we're concerned about. She did previously visit for a period of about 4.5 months, in summer of 2015, and returned before her temporary visitor visa had ended, if that helps with her trustworthiness in the eyes of CBSA personnel.

We're unsure how we'd be able to show ties to the USA and intent to return given that we'll be showing up at a land crossing in our car, with our pets, and probably a fair amount of luggage, and don't want to have to continue renting our condo in New Mexico, and paying utility bills there (this is the only thing I can think of re: showing her ties to the USA and intent to return aside from employment, which she won't be able to maintain when moving up to Canada, for obvious reasons). We came across something about dual intent in our attempts to understand this problem but it seems a bit iffy to me how we could illustrate that without at least maintaining a residence in the USA until she was approved as a PR in Canada.

She does have relatives she could potentially live with if, worst case scenario, our inland application were denied--an aunt and uncle in Albuquerque whom she previously lived with on her previous return to the USA, as well as her grandparents. And her mother and stepdad who live in Idaho as well as her sister who lives in Colorado. I'm not sure if any of this has any bearing on CBSA trusting her to return in the event of a denial of PR application, I offer this information just in case it ends up mattering.

Would it be possible for us to begin the outland application now, and still go to Canada next March/early April, and for her to enter on a temporary visitor visa, and wait for the last few months of the outland processing time from inside Canada?

(Also in case it wasn't clear my wife is an American citizen, not a permanent resident or anything.)

Thanks again very much!

 

[canuck78]

We appreciate the replies, thank you!

If it helps clarify our situation, we're looking to move back to Ontario (should have specified that sooner), most likely Toronto (specifically Toronto, not GTA).

As far as inland sponsorship goes.. we want to make a land crossing, as we have 4 cats to bring with us, and don't want to try to fly them from New Mexico to Ontario. We'd like to, if possible, make the move in March or early April of 2021, so the 1 year or so wait period for outland sponsorship doesn't sound so great to us (please let us know if this time estimate is off, either plus or minus). Also, it isn't strictly necessary that she be able to work immediately upon arrival. Re: health care eligibility, I read something a few months ago that due to COVID19, in Ontario, the waiting period for immigrants to receive OHIP eligibility is currently being waived, is that correct? And is that still in effect?

Given these things, having her enter on a visitor's visa and then applying from there is preferable, as long as she'll be admitted at the border--this is something we're concerned about. She did previously visit for a period of about 4.5 months, in summer of 2015, and returned before her temporary visitor visa had ended, if that helps with her trustworthiness in the eyes of CBSA personnel.

We're unsure how we'd be able to show ties to the USA and intent to return given that we'll be showing up at a land crossing in our car, with our pets, and probably a fair amount of luggage, and don't want to have to continue renting our condo in New Mexico, and paying utility bills there (this is the only thing I can think of re: showing her ties to the USA and intent to return aside from employment, which she won't be able to maintain when moving up to Canada, for obvious reasons). We came across something about dual intent in our attempts to understand this problem but it seems a bit iffy to me how we could illustrate that without at least maintaining a residence in the USA until she was approved as a PR in Canada.

She does have relatives she could potentially live with if, worst case scenario, our inland application were denied--an aunt and uncle in Albuquerque whom she previously lived with on her previous return to the USA, as well as her grandparents. And her mother and stepdad who live in Idaho as well as her sister who lives in Colorado. I'm not sure if any of this has any bearing on CBSA trusting her to return in the event of a denial of PR application, I offer this information just in case it ends up mattering.

Would it be possible for us to begin the outland application now, and still go to Canada next March/early April, and for her to enter on a temporary visitor visa, and wait for the last few months of the outland processing time from inside Canada?

(Also in case it wasn't clear my wife is an American citizen, not a permanent resident or anything.)

Thanks again very much!

She would not qualify for OHIP until she got her OWP and found a job that will last 6+ months. If that doesn’t work out she will qualify for OHIP once she gets AIP which is the step right before approval. Either way there will be many months where she will not have health coverage. Yes ohip is currently waiving the 3 month wait period. That is temporary so you’ll need to check closer to Zhou’s relocation date. It doesn’t seem like you met the a OHIP residency requirements so you must reapply for OHIP and will need to wait 3 months to qualify for OHIP if the waiting period returns.

She should really travel separately if possible. She is not allowed to move to Canada until she gets PR so showing up at the border with your life aNd your pets will create red flags.

Yes you can start the outland process now. I would actually advise it. She can still enter as a visitor and remain in Canada as a visitor until PR is approved.

 

[goldfinger]

We appreciate the replies, thank you!

If it helps clarify our situation, we're looking to move back to Ontario (should have specified that sooner), most likely Toronto (specifically Toronto, not GTA).

As far as inland sponsorship goes.. we want to make a land crossing, as we have 4 cats to bring with us, and don't want to try to fly them from New Mexico to Ontario. We'd like to, if possible, make the move in March or early April of 2021, so the 1 year or so wait period for outland sponsorship doesn't sound so great to us (please let us know if this time estimate is off, either plus or minus). Also, it isn't strictly necessary that she be able to work immediately upon arrival. Re: health care eligibility, I read something a few months ago that due to COVID19, in Ontario, the waiting period for immigrants to receive OHIP eligibility is currently being waived, is that correct? And is that still in effect?

Given these things, having her enter on a visitor's visa and then applying from there is preferable, as long as she'll be admitted at the border--this is something we're concerned about. She did previously visit for a period of about 4.5 months, in summer of 2015, and returned before her temporary visitor visa had ended, if that helps with her trustworthiness in the eyes of CBSA personnel.

We're unsure how we'd be able to show ties to the USA and intent to return given that we'll be showing up at a land crossing in our car, with our pets, and probably a fair amount of luggage, and don't want to have to continue renting our condo in New Mexico, and paying utility bills there (this is the only thing I can think of re: showing her ties to the USA and intent to return aside from employment, which she won't be able to maintain when moving up to Canada, for obvious reasons). We came across something about dual intent in our attempts to understand this problem but it seems a bit iffy to me how we could illustrate that without at least maintaining a residence in the USA until she was approved as a PR in Canada.

She does have relatives she could potentially live with if, worst case scenario, our inland application were denied--an aunt and uncle in Albuquerque whom she previously lived with on her previous return to the USA, as well as her grandparents. And her mother and stepdad who live in Idaho as well as her sister who lives in Colorado. I'm not sure if any of this has any bearing on CBSA trusting her to return in the event of a denial of PR application, I offer this information just in case it ends up mattering.

Would it be possible for us to begin the outland application now, and still go to Canada next March/early April, and for her to enter on a temporary visitor visa, and wait for the last few months of the outland processing time from inside Canada?

(Also in case it wasn't clear my wife is an American citizen, not a permanent resident or anything.)

Thanks again very much!

I'm a Canadian in the U.S.A., and I was thinking about the idea of inland sponsorship. I'm going outland myself, because I feel like it's too risky otherwise. I just don't think that CBSA will be too fond of my wife visiting so that I can sponsor her, and with the pandemic, having her visit for more trivial reasons seems pretty stinking iffy as well.

 

[canuck78]

I'm a Canadian in the U.S.A., and I was thinking about the idea of inland sponsorship. I'm going outland myself, because I feel like it's too risky otherwise. I just don't think that CBSA will be too fond of my wife visiting so that I can sponsor her, and with the pandemic, having her visit for more trivial reasons seems pretty stinking iffy as well.

If you come to Canada and remain there shouldn’t be an issue but multiple visits will likely be difficult.