Canadian Citizen marrying US Citizen with expired PR - Any suggestions?

[PursuitOfHappiness]

Hello All,

Its my first post on this forum and found this to be an amazing resource! Been doing lots and lots of reading for the past few weeks but was hoping if anyone can shed some light on my situation. My fiancée (US Citizen) and I (Canadian Citizen) will be getting married next month . She used to live in Canada but moved to states (Its been a little over 5 years since her move so I`m assuming her PR expired). My question is:

1) Is there a way to renew her expired PR based on H&C application? She moved to states with her family. She`s in College and will graduate next year
2) I just read the following on the CIC website regarding spousal sponsorship:

``Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.``

Does that mean I can`t sponsor her till she is ready to move here? What if I apply for sponsorship and the application is processed well before she is done her studies and can`t move to Canada immediately?. Will her status be revoked because she did not stay in Canada right after her PR application was approved?

I was hoping to sponsor her right away (once I have the marriage license) so we can save time so when she`s done College she won`t have any trouble moving here. Do you folks recommend me sponsoring as soon as I get the marriage license or once she is done college? I can financially support her till her PR status is approved.

Your help is greatly appreciated!

Cheers!

 

[canadianwoman]

You could say she wants to live in Canada during the summer vacations and Xmas vacation, and go to school in the USA for the rest of the time. They may not give her a PR under these circumstances, though, since the PR is for people who want to move to Canada. I would wait to apply until about a year before she will graduate. This way the visa officer will not question whether she actually intends to move to Canada.

 

[PursuitOfHappiness]

Hi canadianwoman,

Thank you for your speedy reply! She will be done college end of Sept 2013. Do you think I should start the sponsorship process immediately after we receive the marriage license? I`m just paranoid the application may not be processed because she`s still in school.

Also, if everything goes smoothly and the application is processed before her graduation, does she need to move immediately?

I figured nothing could be done about her expired PR but thought it was worth mentioning since it may speed up the sponsorship application.

Thanks again!

 

[canadianwoman]

She will be done college end of Sept 2013. Do you think I should start the sponsorship process immediately after we receive the marriage license? I`m just paranoid the application may not be processed because she`s still in school.

I would send in the application as soon as possible, then. The fact she is still in school won't matter, since she will be graduating about the time her PR application will be finalized (possibly).

Also, if everything goes smoothly and the application is processed before her graduation, does she need to move immediately?

No. The PR visa will have an expiry date - which is usually one year after the date of the medicals. She just has to enter Canada before that date. If she is not done school, she can come to Canada, 'land' (i.e., use her PR visa), then leave for a while. Lots of people do this, especially when they don't have much time before the visa expires and they still have things they need to tie up at home.

I figured nothing could be done about her expired PR but thought it was worth mentioning since it may speed up the sponsorship application.

She will have to mention it on the application forms. It won't help or hurt her.

 

[PursuitOfHappiness]

Great! Thanks for your help

On another note, If we do decide to delay the marriage till after her grad school is done and then start the sponsorship process, I know, she can visit me for up to six months while the application is being processed, but would she be able to apply for a health card? or is the health card only given once the application is approved (which could take up to a year?) I'm worried that we may have to get private health insurance till she becomes a PR

Thanks again!

 

[canadianwoman]

Usually if she is just visiting she cannot get provincial health coverage and would need private insurance. However, this depends on the province. Alberta will give health coverage to people waiting for their spousal PR visa to be processed, and some people on this forum have managed to get coverage from Ontario. It seems many people who work in the health bureaucracy are unsure about the rules, so if one says no, ask to talk to a supervisor or phone later.
I wouldn't count on her being able to get provincial health coverage though - it is just that a few forum members have managed to do so.