Canadian Living in the US Looking for Some Advice.

[steve_kat]

Hi. I am Canadian, married for almost 9 years and currently living in the US with my American wife. We are currently planning to move to Ontario from NY state and I need some advice. We have a house here in the US which we need to sell and are currently looking to buy one in Canada. We are trying to figure out the best time to start the immigration process etc. If we start now, my concerns are more with timing since we are not sure how quickly we can sell the house in the US (housing market where we live is bad) versus timing of approval process. I am also thinking if we find a house in Canada I may have to rent it until we are able to make the move. Also in the meantime if my wife gets approved is there any deadline on when we are physically required to move after approval? In addition during the approval process would there be any issues crossing the border since we frequently visit family in Canada?

I am trying to wrap my head around all of this so we do not run into any surprises or complications during the entire process. Timing of immigration approval, timing of move, buying and selling of house and ability to visit during the entire process etc is quite perplexing right now.

Any advice would be appreciated.

Thanks

 

[profiler]

Hard to say. Each case is unique. I have read recent stories of 6 months for US citizens for outland applications.

When she crosses the border, she is typically granted 6 months in Canada. Only if they issue a Visitor Record or write down a date on the entry stamp in her passport is it different. So the theory is, she could enter just after you apply outland, and she could be approved while still visiting. If not, just apply to extend the visit.

She will need an FBI certificate, which takes time. Though I did hear about channelers that can get them done faster, but I am unsure how this process works -- so I defer to others who know about it.

 

[steve_kat]

We live close to the border so we visit regularly but just for the day. Will this become a problem during the approval process?

 

[profiler]

We live close to the border so we visit regularly but just for the day. Will this become a problem during the approval process?

I can't see it being a problem.

 

[steve_kat]

Do you know if there is a time deadline to move after being approved? This comes back to timing of when my house is sold in the US.

 

[profiler]

Do you know if there is a time deadline to move after being approved? This comes back to timing of when my house is sold in the US.

She will have to claim her PR before the expiry date on her landing invitation. Otherwise, I don't think there is a deadline per se. There is Residency Obligations that she has to abide by to keep her PR -- that's 2 years residing in Canada out of 5...

 

[Ponga]

She will have to claim her PR before the expiry date on her landing invitation. Otherwise, I don't think there is a deadline per se. There is Residency Obligations that she has to abide by to keep her PR -- that's 2 years residing in Canada out of 5...

Since the OP [sponsor] is a Canadian citizen, the RO is far more relaxed.

After landing as a PR, each day that the PR spends outside of Canada with her Canadian sponsor, counts towards the 730 days within each rolling 5 year period needed to maintain PR status. In theory, she could land as a PR and then return to the U.S., with her sponsor, indefinitely.

 

[steve_kat]

So even if I assume it takes 1.5 years to sell my house we should not have any problems if we don't physically move until that time?

Still makes me wonder when we should actually start the application process?

 

[profiler]

So even if I assume it takes 1.5 years to sell my house we should not have any problems if we don't physically move until that time?

Still makes me wonder when we should actually start the application process?

Really, once you have decided to move. You can start any time.

 

[steve_kat]

Yes, but I just needed to make sure that all will be good from a timing standpoint ..... physical move date.

Sorry for all the questions but my concern is more around what immigration canada expects from us in terms of moving versus when we can actually move.

 

[profiler]

As Ponga pointed out, you could apply to sponsor her, and she could just come to Canada to get her PR, then you return indefinitely to the US. They don't care when she moves.

 

[steve_kat]

Ok. Thanks for the clarification.

 

[Ponga]

Yes, but I just needed to make sure that all will be good from a timing standpoint ..... physical move date.

Sorry for all the questions but my concern is more around what immigration canada expects from us in terms of moving versus when we can actually move.

The honest answer is...you may have an issue if CIC and/or CBSA suspects that you're not really ready to make the move to Canada, within a reasonable amount of time.

Needing to return `home', to tie up loose ends is perfectly fine, but if you disclose that you may need 1.5 years or more to do this....you could have a problem.

You need to show (in your application) that you will be returning to Canada. This can be done by mentioning that you're selling your house, looking for work in Canada, will have a place to stay (maybe with family/friends) when you return, until you can re-establish yourself here.

Are you a Green Card holder? If so, you already know how difficult it's going to me to maintain that and your wife's PR status, simultaneously. It is possible, but it's not easy.

 

[steve_kat]

The priority will be to sell the house in the US. Until that is sold we wont be ready to make the move. I wanted to purchase a house in Canada in advance. Now I am wondering if I should just wait before making any house purchase in Canada.

 

[steve_kat]

She will have to claim her PR before the expiry date on her landing invitation. Otherwise, I don't think there is a deadline per se. There is Residency Obligations that she has to abide by to keep her PR -- that's 2 years residing in Canada out of 5...

Normally how much time till the expiry date? Whats the average length of time for immigration approval from the US?