American Is Knocking!! Let Me In Please!

[VegasRebel]

Here is my situation: I am American citizen only. I am married to my wife who is dual USA Canada citizen. Her original citizenship is Canada and she took USA citizenship via myself 10 years ago. We have a daughter who is also a dual citizen born in Toronto Canada.

I am retiring in 6 years at the age of 63 from my job and me and my wife are moving back to her home in Canada. I have no status in Canada but I can go there at will without a visa anytime I wish. I wish to apply to become a legal resident of Canada at the best time to insure that I can legally enter as a resident if I apply from the United States. I am getting conflicting advice.

Option 1: Apply from the United States. Apply about 48 months before expected arrival. Since processing takes 3 to 4 years, that would allow me to go to Canada and live there the required 2.5 years to maintain residency and apply for citizenship.

Option 2: Go to Canada with my Canadian wife and apply from within Canada. I am told the processing times are less but that I will not be allowed to work or get a drivers license until approved. I won't need to work and I can drive on my American license.

My daughter says that my chances of being approved for Canada are greater the earlier I apply because they don't want people with health problems immigrating there because of the public health system and of course the older we get, health problems tend to pop up. My wife says it doesn't really matter that they will approve me as Family Class anyway.

What do any of you think?

 

[MilesAway]

As an American, you should apply outland. There is no reason for you to apply from within Canada.

The processing times for Americans applying outland are anywhere from 3 to 12 months (though 4-8 seems to be more common). Whoever said that it would take 3 to 4 years is completely wrong. You should apply no more than a year in advance, since your sponsor will have to prove their intent to return to Canada when you receive your PR.

There is no reason to be denied on health grounds for family class (spouses). You do need to have a physical, but they are only checking for any infectious diseases, or anything that could be harmful to the Canadian public.

You can apply outland and be in Canada, that is not an issue. Many couples have done that without any problems. As a visitor, you cannot work. You would also need to extend your visitor status as needed.

 

[scylla]

FYI - citizenship rules are changing next year. You currently need 3 years of residency in the last 4 years to apply. This is changing to 4 years out of 6 next year.

 

[Graihn]

FYI - citizenship rules are changing next year. You currently need 3 years of residency in the last 4 years to apply. This is changing to 4 years out of 6 next year.

Scylla: If I enter as a PR prior to EOY 2014, will I fall under 3/4 or 4/6?

 

[zardoz]

Scylla: If I enter as a PR prior to EOY 2014, will I fall under 3/4 or 4/6?

It will depend on the date that CIC received your citizenship application, not on the date that you become a PR. Therefore, 4/6 for you.

 

[truesmile]

The citizenship rules that apply are not affected by the date you applied for PR. It matters when you eventually apply for citizenship.