Canadian Citizen husband working in the US. Can he sponsor me for a PR?

[leanajoe]

Complicated case: Please help.

My husband (Candian citizen) is currently working in the US, but we plan for me to get a PR for Canada. We're planning to retire in Canada, but he plans to work in the US for a few more years (max. 5 years) to save enough money to be able to work remotely in Canada. I'm seeing that could be a problem because we need to prove that he'll live with me in Canada once I have PR.
We can get a place of residence under both our names so he can travel back and forth between US and Canada regularly, every weekend for example. He works in Seattle, so the commute is doable. Will that help our application? Any tips or people with similar experiences?

He also has several assets in Canada, e.g. condo, bank accounts, and shares in a Canadian company. We have most of the requirements covered except for this one.

He's currently on a TN Visa in the US and I was going to get a TD Visa, but I got denied at the US Embassy where I'm from. We would have applied for a PR anyway, but we were hoping to do that once I was in the US so we can coordinate on the paperwork. Now it seems like the PR is our only way to be together, so we want to make sure that we have ourselves covered.

Any opinions would be appreciated!

(Reposted as I was told this was the right forum to ask this question.)

 

[wsidd]

Hi, I have a friend who was working and living outside of Canada who was able to sponsor her husband for Canadian PR without any issues. I don't think travelling between the US and Canada regularly makes any difference. I'm pretty sure there is guidance on how to sponsor a spouse if the sponsor is living outside of Canada. A quick google should pull it up.

Sorry can't answer more of your questions, but just wanted to answer the title question.

 

[zardoz]

Complicated case: Please help.

My husband (Candian citizen) is currently working in the US, but we plan for me to get a PR for Canada. We're planning to retire in Canada, but he plans to work in the US for a few more years (max. 5 years) to save enough money to be able to work remotely in Canada. I'm seeing that could be a problem because we need to prove that he'll live with me in Canada once I have PR.
We can get a place of residence under both our names so he can travel back and forth between US and Canada regularly, every weekend for example. He works in Seattle, so the commute is doable. Will that help our application? Any tips or people with similar experiences?

He also has several assets in Canada, e.g. condo, bank accounts, and shares in a Canadian company. We have most of the requirements covered except for this one.

He's currently on a TN Visa in the US and I was going to get a TD Visa, but I got denied at the US Embassy where I'm from. We would have applied for a PR anyway, but we were hoping to do that once I was in the US so we can coordinate on the paperwork. Now it seems like the PR is our only way to be together, so we want to make sure that we have ourselves covered.

Any opinions would be appreciated!

(Reposted as I was told this was the right forum to ask this question.)

Given the timeline you propose, it seems unlikely that the sponsorship application will succeed. He would need to prove that he will take up physical residency in Canada as soon as you are granted PR status. As this is not his plan, it is inappropriate to apply at this point in time. Having assets in Canada is not sufficient.

 

[smallcoffee]

You need to wait 5 years

 

[wsidd]

Given the timeline you propose, it seems unlikely that the sponsorship application will succeed. He would need to prove that he will take up physical residency in Canada as soon as you are granted PR status. As this is not his plan, it is inappropriate to apply at this point in time. Having assets in Canada is not sufficient.

I should also mention that my friend who sponsored from outside of Canada did continue living outside for a couple of years after her husband received PR. They have yet to move actually. So there may be some leniency around "move as soon as grated PR."

 

[zardoz]

I should also mention that my friend who sponsored from outside of Canada did continue living outside for a couple of years after her husband received PR. They have yet to move actually. So there may be some leniency around "move as soon as grated PR."

This is all about "intent", not about a specific timeline. It is clear in the OP's case that there is no "intent" to return to Canada permanently upon PR being granted. In my case, it was 10 months before we could actually move, due to settling affairs in the UK. However, the intention was to move as soon as possible.

 

[wsidd]

This is all about "intent", not about a specific timeline. It is clear in the OP's case that there is no "intent" to return to Canada permanently upon PR being granted. In my case, it was 10 months before we could actually move, due to settling affairs in the UK. However, the intention was to move as soon as possible.

Ah okay, I guess I misread OP. I thought they were planning on moving in a few years to Canada.

 

[zardoz]

Ah okay, I guess I misread OP. I thought they were planning on moving in a few years to Canada.

A few years is too long. IRCC’s view will be to apply when you are actually ready to make the move.
They have become MUCH more strict about this requirement over the last 5 years. Almost draconian in some cases. We have seen some cases where they have requested the sponsor's resignation letter to their employer abroad.

 

[leanajoe]

Hey thanks for your responses!
Because I'm unlikely to get a US non-immigrant visa, we are planning to take up residence in both countries. It's the only move we can make so we can at least be together and for him not to lose his job.

• Is there a legal definition for residence that IRCC goes by?
• Also is it worth trying anyway and see if they'll consider our situation for PR?
• Or would it affect future application? Should we check the box of not proceeding for PR if he's denied Sponsorship?

 

[zardoz]

Hey thanks for your responses!
Because I'm unlikely to get a US non-immigrant visa, we are planning to take up residence in both countries. It's the only move we can make so we can at least be together and for him not to lose his job.

• Is there a legal definition for residence that IRCC goes by?
• Also is it worth trying anyway and see if they'll consider our situation for PR?
• Or would it affect future application? Should we check the box of not proceeding for PR if he's denied Sponsorship?

1) No, but for most purposes these days, physical presence is the norm. This applies to both the Residency Obligation and Citizenship eligibility.
2) it's your money... It's up to you.
3) it is almost never worth proceeding with the application process if sponsorship is denied. Only in very specific H&C circumstances is it possible to progress with this option. Check that box...