can we go back to u.s right after we land?

[seren8]

Hello,
My husband, I and our daughter are currently living in the states. My daughter and I are both Canadian, and he is U.S. Citizen. He is the sole income provider.
Today, my husband just got his pr visa to land in Canada by mid feb. (yeah! ;D). But, he hasn't secured a job yet in Canada and there is only 2 months before he has to land. So I am wondering, can he land in feb, and then immediately return to the states the next day to continue to look for a job in Canada while he is working in the states before he permanently move there?
Assuming that he could return to the states immediately, but he couldn't find a job for a while, how long can he stay in the states, before he looses his PR status?
Also if he cannot find a job in Canada by that expiration date is there a way to extend his PR status?
Should I and my daughter switch our status from non-resident to resident immediately after we land, even though we are returning to the states immediately? or should we wait till we are permanently living there? What are the pros/ cons of declaring to be a resident right away or waiting it out?

We really appreciate all your help in advance to help us to plan and transition our lives to Canada. Thank you so much.

seren8

 

[Kaycee1]

He just needs to "land" by February, not actually move here. Once he has landed, he only needs to live in Canada for 730 days out of the next 5 years (so 2 out of 5 years). He can stay in the US for awhile until he gets everything organized, new job, etc.

 

[AllisonVSC]

He just needs to "land" by February, not actually move here. Once he has landed, he only needs to live in Canada for 730 days out of the next 5 years (so 2 out of 5 years). He can stay in the US for awhile until he gets everything organized, new job, etc.

The first part of Kaycee1`s post is correct. He needs to land by February. But if he continues to reside in the US after landing he can for as long as he is living with you (a Canadian citizen). PR spouses of non-Resident Canadian citizens are exempt from the 2 in 5 rule for residency as long as they accompany their spouse outside of Canada.

 

[seren8]

Thanks for the replies. From looking at the documentation, it appears that if we do turn right back around after landing and come back to the States (the same week and/or day), then he can't go back up to Canada unless he applies for a travel document, and that he will have to do that each time he wants to go up to Canada (which might be a lot for interviews, etc., until we can move up there). This will be the case until we move there and he can apply for the real PR card.

Is that correct, or does that not apply for U.S. Citizens? If that is the case, how long will it take to get the travel document each time?

Thanks again!

 

[mc1234]

AllisonVSC, that is very interesting I have never heard of that law before. So just to clarify, as long as the canadian spouse is out of the country with the PR and registers non-resident, the 2 out of 5 law does not apply to them? If possible, could you tell me where I could read on that more?

Thanks.

 

[seren8]

AllisonVSC, that is very interesting I have never heard of that law before. So just to clarify, as long as the canadian spouse is out of the country with the PR and registers non-resident, the 2 out of 5 law does not apply to them? If possible, could you tell me where I could read on that more?

Thanks.

AllisonVSC may have a different answer, but I think I found where it says that. I was looking at the form for the travel document that I am still wondering about, and it says this:

Calculating Days Present in Canada
To meet the residency obligation, you must have been physically present in Canada for a minimum of 730 days within the past five years. If this is not the case, you may also count the days you spent outside of Canada in the following circumstances:
A. Accompanying a Canadian citizen or a permanent resident outside Canada
Accompanying a Canadian citizen
Each day that you are accompanying a Canadian citizen outside Canada is considered a day for which you satisfy the residency obligation provided that the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age).
The total number of days that you spend accompanying a Canadian citizen may be added to the total number of days for which you otherwise satisfy the residency obligation.

The form is here http://www.cic.gc.ca/english/pdf/kits/guides/5529E.pdf