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Can you move out of Canada after you get your PR and still keep it?

TracyS

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Jan 21, 2011
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We're in a similar situation. We will only have about 3 months left on the visa before it expires and that isn't enough time for us to pack up our life in Australia and move to Canada. So we intend to go and land, stay a few weeks and then come back to sell our house here, pack up our belongings and then move over for good. We don't want to be under any pressure when we sell our house to do it in a limited time.
 

ben_f_uk

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Apr 13, 2011
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alasken said:
Yeah this is true. The sponsor has to live in Canada at the time that you get your PR. If the sponsor lives abroad when you hand in your application you have to provide proof that he/she will be living in Canada when you get PR.
I see. Perhaps my situation is a bit different that yours. You are applying while your citizen sponsor and you are both living in Canada.

I applied from the UK and my citizen sponsor lives in the UK with me. I have a visa which expires in a few months so need to land in Canada to activate my PR status. I "think" that I can land without my sponsor with me and without my sponsor living in Canada to activate the PR status but can't recall where I read this. Any info supporting or contradicting this would be useful.

The plan would be for us then to properly move across to Canada in due course.

Thanks.
 

TracyS

Star Member
Jan 21, 2011
169
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25-05-2011
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22-06-2011
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Hi Ben, I think you need to have your sponsor with you when you land, and you as the applicant need to land first. Correct me anybody if I'm wrong here :)
 

missmini

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Oct 6, 2009
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ben_f_uk said:
Is this necessarily the case? Where did you read that she needs to be living Canada for you to land as a PR?
u cannot land as a sponsored PR if she is not in Canada; if she won't b in Canada before she should be with u when u land; that is why the sponsors living outside Canada have to give extra proofs for their ties with Canada and intent to return to return to Canada when the applicant gets the PR; but i don't know how they actually check where ur sponsor is, if they call or just ask u, no idea

Easy on the assumptions please guys. Personally I am from Norway, one of the richest countries in the world with one of the most developed and complete welfare systems out there. The country is absolutely booming and I am probably losing out on a lot of opportunities by living in Canada, so please don't accuse me of coming here to exploit the Canadian system. I could list a number of reasons for why it is a lot better to send in the PR application right now even thought we are *thinking about* going back to my country after I get it, but I don't feel like I should have to defend myself on an internet forum. I just want to ask you to take a moment and consider that people are in different life situations and it is usually best not to make assumptions and accusations about other people.
i'm sure Norway is much better than Canada right now, its living standards r much higher than the Canadians ones, but overall u and a few others r exceptions to the overall problems...many people make their assumptions from their experience, what they see and hear around them
 

alasken

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Feb 5, 2010
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ben_f_uk said:
I see. Perhaps my situation is a bit different that yours. You are applying while your citizen sponsor and you are both living in Canada.

I applied from the UK and my citizen sponsor lives in the UK with me. I have a visa which expires in a few months so need to land in Canada to activate my PR status. I "think" that I can land without my sponsor with me and without my sponsor living in Canada to activate the PR status but can't recall where I read this. Any info supporting or contradicting this would be useful.

Thanks.
Sorry, I'm not that familiar with the landing process, and I'm not sure what it means that you have a visa that expires. Does that mean your application has already been accepted?

I do know though that if she is living abroad when you apply she has to provide proof (ie a job offer that she has accepted) that she intends to live in Canada when you get your PR. I can guarantee that that is correct, but can't remember exactly where it says so. I would assume that means that she has to be in Canada when you land.
 

alasken

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Feb 5, 2010
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ben, in the sponsor's guide it says:

You may be eligible to be a sponsor if:
-you reside in Canada;
Canadian citizens not residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own. Canadians travelling abroad as tourists are not considered to be residing outside Canada.
Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:
· · · ·
letter from an employer; letter of acceptance to a Canadian educational institution; proof of having rented/bought a dwelling in Canada; reasonable plans for re-establishing in Canada or severing ties to the other country.


I do not know for sure how this applies to someone that has already had their application accepted, but it seems to me she has to be there. What is her status in the UK?
 

ben_f_uk

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Apr 13, 2011
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alasken said:
Sorry, I'm not that familiar with the landing process, and I'm not sure what it means that you have a visa that expires. Does that mean your application has already been accepted?

I do know though that if she is living abroad when you apply she has to provide proof (ie a job offer that she has accepted) that she intends to live in Canada when you get your PR. I can guarantee that that is correct, but can't remember exactly where it says so. I would assume that means that she has to be in Canada when you land.
Yes, the application form for Canadians and their partners from abroad does ask for proof of intent to return to Canada. But we seemed to satisfy this with family etc back in Canada, business plans, and a genuine intention to return to Canada. But she may not actually be ready to move before my visa expires. Hence why I am asking whether she is required to actually be resident in Canada before my visa expires and I land, or whether it is suitable for her to travel with me when I land even though we will not be taking up residency at that point? Or whether she indeed even needs to travel with me for me to take up the visa?
 

alasken

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Allright, I understand now, but I don't know the answer so can't help you. I'd be interested in knowing though, so please give an update here if you find out :)
 

ben_f_uk

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Apr 13, 2011
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alasken said:
reasonable plans for re-establishing in Canada or severing ties to the other country.

I do not know for sure how this applies to someone that has already had their application accepted, but it seems to me she has to be there. What is her status in the UK?
I guess that is the category we fall into. Her status is dual UK/Canadian citizen.
 

ben_f_uk

Member
Apr 13, 2011
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alasken said:
Allright, I understand now, but I don't know the answer so can't help you. I'd be interested in knowing though, so please give an update here if you find out :)
I guess your situation is much simpler. You both live in Canada now and you are applying for your PR status. After you get your status the PR card is good for 5 years. You are then free to come and go. You can renew it when it expires as long as you pass the 2 year test. However, moving to Norway with a Canadian may automatically qualify you for the 2 year test (under the exceptions) so you will likely be able to renew your PR card even if not in Canada much of the five years. At least that is my understanding of what I have read and your situation.
 

AlieW

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@ben_f_uk

i'm also interested to hear what you find out about this. My understanding is that she can't stay in the UK when you land.

So either she needs to return first, or you both 'land' together - should would be a returning resident and you would be landing but then you can both turn around and go back.

You do need to have an address in Canada that is somewhat permanent at the time you land in order to have your PR card sent there, I'm sure using her parents, or a friends address is fine.

I've also heard that once you land you need your PR card anytime you come back into Canada. So if you head back to the UK before your PR card arrives (it takes about a month) someone will have to forward it to you in the UK in order for you to get back into Canada at a later point.
 

ben_f_uk

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Apr 13, 2011
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AlieW said:
@ ben_f_uk

i'm also interested to hear what you find out about this. My understanding is that she can't stay in the UK when you land.

So either she needs to return first, or you both 'land' together - should would be a returning resident and you would be landing but then you can both turn around and go back.

You do need to have an address in Canada that is somewhat permanent at the time you land in order to have your PR card sent there, I'm sure using her parents, or a friends address is fine.

I've also heard that once you land you need your PR card anytime you come back into Canada. So if you head back to the UK before your PR card arrives (it takes about a month) someone will have to forward it to you in the UK in order for you to get back into Canada at a later point.
Thanks. Yep, we have family where the PR card can be sent. And they can forward it to the UK. So no problems there. (But assuming I didn't have my PR card, could I simply re-enter as a tourist on a UK passport, collect PR card, and re-enter? Minor issue and not really important).

I suppose the only big outstanding question at the moment is whether she does in fact need to be arriving as a resident, or already be resident, when I first land? It would be nice to read the rules here.
 

ben_f_uk

Member
Apr 13, 2011
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I suppose another way of thinking about the question is what would happen if my wife and I separated? (Not the case but consider the idea hypothetically for purposes of understanding the rules). My understanding is that I can retain my visa/status (and she is also obligated to provide minimum maintenance levels for the three year committment). So, if I were recently separated, would I be able to land alone?
 

Material

Hero Member
Feb 16, 2011
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ben_f_uk said:
I suppose the only big outstanding question at the moment is whether she does in fact need to be arriving as a resident, or already be resident, when I first land? It would be nice to read the rules here.
She would have to show proof of intensions on going back and setteling in Canada so when submitting your app you would need to gather as much proof as you can of your intentions on setteling in Canada proof like where you plan to stay , job offer ..etc

She doesnt have to be residing in Canada at the time you land.

Edit * Sorry didnt read that you have already been approved