Outland Spousal Processing - Plan to move to Canada summer 2022 - when to file?

[AuroraB]

My husband, myself, and our two kids are planning on moving to Canada in a little more than 18 months from now. I am Canadian, have lived in the USA for 15 years, my husband is German, and my kids are of course Canadian, American and German (though currently working on getting all that paperwork in order). My husband will be keeping his current job and working remotely, and I have been a SAHM for the past several years.

When would you file if this was your timeline?

 

[armoured]

My husband, myself, and our two kids are planning on moving to Canada in a little more than 18 months from now. I am Canadian, have lived in the USA for 15 years, my husband is German, and my kids are of course Canadian, American and German (though currently working on getting all that paperwork in order). My husband will be keeping his current job and working remotely, and I have been a SAHM for the past several years.

When would you file if this was your timeline?

Apply as soon as you have your application in order, even if it's early. It will likely be completed before the time you have set in 2022.

The only downsides to this approach are very minor - first, when his application is approved it will come with an expiry date, typically twelve months after medical. He'll have to travel to Canada, 'land', and then he's a PR with right to work - but there is no requirement to immediately reside full-time in Canada (he could return the next day basically). Obviously travelling to Canada to do the formalities is not a big deal from USA so travelling within that expiry date shouldn't be difficult.

Related minor downside: if he doesn't reside immediately in Canada, it will reduce his flexibility on the residency obligation (two years of any five year period) by the amount of time he stays outside of Canada before settling permanently.

Note, I've completely ignored any covid-related travel restrictions and the like such as isolation on arrival - too far in the future to guess or worry about what they may be at the relevant time.

Ah - one important thing, as Canadian citizen residing abroad you will have to demonstrate your intent to return to Canada to live. It's in the guide. That's most likely the only challenging thing about your application, as you won't need to sponsor your children, etc.

 

[apjd_014]

Apply as soon as you have your application in order, even if it's early. It will likely be completed before the time you have set in 2022.

The only downsides to this approach are very minor - first, when his application is approved it will come with an expiry date, typically twelve months after medical. He'll have to travel to Canada, 'land', and then he's a PR with right to work - but there is no requirement to immediately reside full-time in Canada (he could return the next day basically). Obviously travelling to Canada to do the formalities is not a big deal from USA so travelling within that expiry date shouldn't be difficult.

Related minor downside: if he doesn't reside immediately in Canada, it will reduce his flexibility on the residency obligation (two years of any five year period) by the amount of time he stays outside of Canada before settling permanently.

Note, I've completely ignored any covid-related travel restrictions and the like such as isolation on arrival - too far in the future to guess or worry about what they may be at the relevant time.

Ah - one important thing, as Canadian citizen residing abroad you will have to demonstrate your intent to return to Canada to live. It's in the guide. That's most likely the only challenging thing about your application, as you won't need to sponsor your children, etc.

hi what do you think we can do to prove the intent to return to canada to live. we are in the philippines my husband is a canadian citizen hes been here for almost 3 years we are trying to apply for family class sponsorship. we really intent to live to canada but because he is been here and he doesnt have a job nor a house there yet we dont know how to prove it. he will find a job once where there

 

[armoured]

hi what do you think we can do to prove the intent to return to canada to live. we are in the philippines my husband is a canadian citizen hes been here for almost 3 years we are trying to apply for family class sponsorship. we really intent to live to canada but because he is been here and he doesnt have a job nor a house there yet we dont know how to prove it. he will find a job once where there

The typical way to demonstrate this is housing searches, job searches, getting qualifications recognised in Canada, support from family that they will assist (even informally) etc. I believe in your case (you posted separately?), there is a money and support issue. While you can also write a plan for support that will take into account your own ability to work (more credible if you have a career and qualification that is recognised, also skill and experience and education locally) - at some point he may have to consider going to Canada and working and filing taxes etc. While there's no specific requirement for income and/or savings, it's harder if sponsor is not working abroad and can't show savings.

I say this without knowing specifics and it is a bit hard to say exaclty what IRCC is looking for - it's clearly a mix of intent to return to Canada (seriousness is subjective) and capability of returning to Canada and being able to support oneself/the family.

Since it's a combination of the two, a better case in terms of capability may help a slightly weaker case in terms of proving intent, etc. And if looking for housing and that kind of thing and you have no idea what you can afford or where you will settle, poor capability can make the intent part look weak.

 

[AuroraB]

We are coming to Canada this summer, if it is still required to quarantine we will. Though, unless quarantine rules are lifted I don't see my husband being able to travel there earlier for the medical exam.

Regarding capability/intent to move to Canada. We can clearly demonstrate the capability, (though it is my husband's income not mine if that matters). Also the equity on our house is substantial, but we won't put it not he market until spring 2022.

The intent to move is a bit more difficult to prove. We want to move to Kelowna, and we can't buy a house there until he is a PR due to the speculation tax. Will a heartfelt letter about all the reasons we want to raise our kids in Canada suffice? My husband is German, so we don't even have a lot of ties here, other than friends and work.

 

[AuroraB]

Apply as soon as you have your application in order, even if it's early. It will likely be completed before the time you have set in 2022.

The only downsides to this approach are very minor - first, when his application is approved it will come with an expiry date, typically twelve months after medical. He'll have to travel to Canada, 'land', and then he's a PR with right to work - but there is no requirement to immediately reside full-time in Canada (he could return the next day basically). Obviously travelling to Canada to do the formalities is not a big deal from USA so travelling within that expiry date shouldn't be difficult.

Related minor downside: if he doesn't reside immediately in Canada, it will reduce his flexibility on the residency obligation (two years of any five year period) by the amount of time he stays outside of Canada before settling permanently.

Note, I've completely ignored any covid-related travel restrictions and the like such as isolation on arrival - too far in the future to guess or worry about what they may be at the relevant time.

Ah - one important thing, as Canadian citizen residing abroad you will have to demonstrate your intent to return to Canada to live. It's in the guide. That's most likely the only challenging thing about your application, as you won't need to sponsor your children, etc.

What is the typical amount of time given to travel to Canada for the medical portion?

 

[armoured]

We are coming to Canada this summer, if it is still required to quarantine we will. Though, unless quarantine rules are lifted I don't see my husband being able to travel there earlier for the medical exam.

Regarding capability/intent to move to Canada. We can clearly demonstrate the capability, (though it is my husband's income not mine if that matters). Also the equity on our house is substantial, but we won't put it not he market until spring 2022.

The intent to move is a bit more difficult to prove. We want to move to Kelowna, and we can't buy a house there until he is a PR due to the speculation tax. Will a heartfelt letter about all the reasons we want to raise our kids in Canada suffice? My husband is German, so we don't even have a lot of ties here, other than friends and work.

I believe you can do medical anywhere (subject to clinics working during covid); ircc has a big list of medical facilities/providers.

As you prepare your app, you can look around as to how to demonstrate. Looking into schools, real estate searches, support from friends and family, etc. Being able to support yourselves helps a lot - as I noted, I _think_ they look at both capability and intent. Travelling there occasionally to look into things won't hurt. Nothing stops your husband (or you) from taking job interviews.

Personally I'd avoid heartfelt letters and stick to facts - or plain language descriptions of plans (and not a romance novel). One potential exception to that might be plans for kids; nothing wrong with playing the kids card (especially if true).

What they don't want is people doing the PR steps just as a way to get status and no/little intent to live in Canada (as a backup or Western visa). Bluntly, I don't think the level of concern about that is very high for e.g. German passport holders already living in the USA with multiple Canadian citizen children.

(I don't know anything about the BC speculation tax, wouldn't think it would apply to Canadian citizen, but again, I know nothing about that; possible would make sense to speak to tax accountant - or just move to lethbridge)

 

[armoured]

What is the typical amount of time given to travel to Canada for the medical portion?

Not sure I understand the question (I may have explained poorly). You can do the medical anywhere in the world. If you get the medical clearance on (for example) 1 May 2021, the validity of documents when all approved and finalized (sometime well after 1 May) for him to land in Canada and become PR would (usually) be 1 May 2022 (assuming file completed by then).

Doing the medical (the actual physical) and getting the clearance is mostly a matter of days.

 

[AuroraB]

Oh, did misunderstand, I thought you were saying he had to travel to Canada for the medical. I need my coffee still this morning! Two kids doing virtual school leaves my brain little room to fully think through anything else!

Well, a summary of my heartfelt letter would be that there was a mass shooting near us a year ago, and we were actually supposed to be there with friends 10 ft away from where several people lost their lives. My friends kids saw everything happen, and a young boy the same age as my son lost his life. After that we realized we want our kids in school in Canada not in the USA. It took awhile to figure out our employment situation, but now that my husband has been working from home for 8+ months his company has shifted their viewpoint on working remotely, and have no problem with him working from anywhere.

The facts are that we would be moving to Kelowna and buying a house in full without a need for a mortgage, so I expect that the capability portion will easily compensate.

 

[AuroraB]

(I don't know anything about the BC speculation tax, wouldn't think it would apply to Canadian citizen, but again, I know nothing about that; possible would make sense to speak to tax accountant - or just move to lethbridge)

As for the BC speculation tax, it is an additional 20% transfer fee on the full value of a home purchase for foreign purchasers in Victoria, Vancouver, and the Okanagan. We can buy a home once my husband has PR, but before that we would be subject to a fee.

 

[armoured]

Well, a summary of my heartfelt letter would be that there was a mass shooting near us a year ago, and we were actually supposed to be there with friends 10 ft away from where several people lost their lives. My friends kids saw everything happen, and a young boy the same age as my son lost his life. After that we realized we want our kids in school in Canada not in the USA. It took awhile to figure out our employment situation, but now that my husband has been working from home for 8+ months his company has shifted their viewpoint on working remotely, and have no problem with him working from anywhere.

The facts are that we would be moving to Kelowna and buying a house in full without a need for a mortgage, so I expect that the capability portion will easily compensate.

Sorry that all happened near you.

Not saying you can't include your reasons for moving. But brief and to the point is better (the agents do not want to read novels), and most important to back up with the factual parts - even if only a plan. More specifics, the more credible.

And yes, I expect that the capability/intent part on balance will not be difficult in your situation.

Thanks for the info on the speculative tax.

 

[Bosebb]

Apply as soon as you have your application in order, even if it's early. It will likely be completed before the time you have set in 2022.

The only downsides to this approach are very minor - first, when his application is approved it will come with an expiry date, typically twelve months after medical. He'll have to travel to Canada, 'land', and then he's a PR with right to work - but there is no requirement to immediately reside full-time in Canada (he could return the next day basically). Obviously travelling to Canada to do the formalities is not a big deal from USA so travelling within that expiry date shouldn't be difficult.

Related minor downside: if he doesn't reside immediately in Canada, it will reduce his flexibility on the residency obligation (two years of any five year period) by the amount of time he stays outside of Canada before settling permanently.

Note, I've completely ignored any covid-related travel restrictions and the like such as isolation on arrival - too far in the future to guess or worry about what they may be at the relevant time.

Ah - one important thing, as Canadian citizen residing abroad you will have to demonstrate your intent to return to Canada to live. It's in the guide. That's most likely the only challenging thing about your application, as you won't need to sponsor your children, etc.

Is it a must for the sponsor to accompany the spouse to "land"? If not, any restrictions on the sponsor's return to Canada?

 

[canuck78]

As for the BC speculation tax, it is an additional 20% transfer fee on the full value of a home purchase for foreign purchasers in Victoria, Vancouver, and the Okanagan. We can buy a home once my husband has PR, but before that we would be subject to a fee.

Based on what I've seen your family is likely to need more concrete proof that you're intending to relocate. Your husband being able to land and return to the US is exactly what Canada wants to prevent. We have seen many who have been asked to provide more proof that they are relocating especially if they have been out of Canada longterm. Things like giving notice to employers, having homes sold/for sale/given notice on a lease, registering children for school in Canada, transfering funds to Canada, etc.

 

[canuck78]

Is it a must for the sponsor to accompany the spouse to "land"? If not, any restrictions on the sponsor's return to Canada?

No person sponsored can land on their own but you'll need to provide quite a lot of proof that after approval the couple will e moving to Canada. As @armoured pointed out it will be dependent on covid restrictions and whether they remain in place.

 

[armoured]

Is it a must for the sponsor to accompany the spouse to "land"? If not, any restrictions on the sponsor's return to Canada?

Under covid rules, to be let in under family reunification the sponsor would (I believe) have to either be in Canada or accompanying.