Canadian Permanent Resident: US citizenship Process and how to keep Canadian PR

[render]

hello:
can anyone help?

I am a US citizen. Me and my Canadian girlfriend live in a common law partner relationship for a year now in US. No one knows the future and I would like to know the steps beforehand before applying for PR. My questions are as follows:

1. When I am approved for PR, does my common law partner and me have to move to Canada within a certain period of time ?

2. If we move to Canada and then our relationship breaks up right after for any reason, will I loose my PR ?

3. How long do we need to stay together (after the 1 year common law or is the time included?) to make the PR permanent if the partner breaks up for any reason?

4. I heard the PR requires 2 years physical presence in Canada for every 5 years. Does it have to be physical or can one just have a home or business there ( or any other options? like travelling in with Canadian PR and out?

Thanks for your answers. That would help me out.


Suenim: For the person that make a judgement about me I would love to add something:

I am sorry that online it comes over like that. I assure you that it is not the case.
You do not know much about me, my relationship and my businesses/ intentions to live in Canada or not to make a sound judgement. There are a lot of people and not everyone follows the value that you might take for granted. Cultural Differences maybe ? Parents. Family value ?

It is fact that some people plan their future different than others. For example: Before one get married, it is advisable to check the partners financial debt, or even make agreements whose house or assets will belong to whom in case of a certain event. One famous person had to pay $100 million settlement in an expensive divorce. He was rich and did not have a pre nuptial agreement. I plan my life, I do not gamble. I am sure before you get married, you want to protect your assets as well. This also includes family planning and in my case businesses that me and my girlfriend own here in US and need attention to( it is a little more complex for me) and other things to consider. We also do plan to open a business, which will also create jobs in Vancoover.

I rather not prefer you send me an answer that does not help my question at all, but is full of criticism that is based on one or your own individual values of life.

 

[suenim]

Wow. Already "supposing" the relationship breaks up right after. Hmm. It sounds like you just want to the the PR visa but it seems like you are not planning on living here. Why waste the time and money? I don't get why some people do that and then don't plan to live here. There are others who really want to live in Canada and not making plans for when or "if" the relationship breaks down.

 

[minna]

yes, once you receive your PR, you and your girlfriend will need to move to canada. If you break up once you have received the PR card, then you can stay in Canada despite having ended the relationship, but you will still be legally bound to your girlfriend due to the sponsorship for a period of time - i.e. she will have legally agreed to support your in Canada for 3 years.

It is not a decision to make lightly, and I would not recommend starting the PR process unless you are planning on moving to Canada and staying with your girlfriend permanently. Of course, no one knows the future, and things happen, but it is not a process to enter into lightly - it involves a lot of work on both of your parts, as well as sworn statements. If you are found at any time during the application process to be in violation of the sworn statements there can be consequences. If you aren't planning to be together forever, I'm not sure why you'd even consider starting the process - she is legal in the US, and you don't even want to live in Canada. And no, owning and home or business in canada is not the same as being a resident.

 

[render]

Minna: Thank you so much for your reply. That helped me out a lot.
Very insightful and lots of information
Cheers

 

[canadianwoman]

1. When I am approved for PR, does my common law partner and me have to move to Canada within a certain period of time ?

You have to come to Canada before your PR visa expires.

2. If we move to Canada and then our relationship breaks up right after for any reason, will I loose my PR ?

No. Once you have landed, you are a PR. Occasionally people have lost their PR status for misrepresentation, but it is not common.

3. How long do we need to stay together (after the 1 year common law or is the time included?) to make the PR permanent if the partner breaks up for any reason?

Once you land and get your PR status, you do not need to stay together at all to keep the PR.

4. I heard the PR requires 2 years physical presence in Canada for every 5 years. Does it have to be physical or can one just have a home or business there ( or any other options? like travelling in with Canadian PR and out?

You have to be physically present in Canada, or accompanying your spouse/partner who is a Canadian citizen, or working for a Canadian company.

Keep in mind that your common-law spouse will have to prove she will move back to Canada when you get your PR visa, in order for your application to be approved.

 

[Leon]

1. When I am approved for PR, does my common law partner and me have to move to Canada within a certain period of time ?

Your PR visa will usually be valid a year from the time you did your medicals. If your application takes 6 months, you will therefore have around 6 months to go and land in Canada to activate your PR. You do not actually have to move to Canada at this point. You do have to spend 2 in 5 years in Canada to keep your PR but with a Canadian citizen partner, your days outside Canada accompanying your partner also count as days inside Canada.

2. If we move to Canada and then our relationship breaks up right after for any reason, will I loose my PR ?

No. Once you are PR, your PR status has nothing to do with your relationship. You are equally PR to any other PR in Canada.

3. How long do we need to stay together (after the 1 year common law or is the time included?) to make the PR permanent if the partner breaks up for any reason?

You gain the right to apply as common law partners after one year of living together. You do not have to stay together after you get your PR in order to keep it.

4. I heard the PR requires 2 years physical presence in Canada for every 5 years. Does it have to be physical or can one just have a home or business there ( or any other options? like travelling in with Canadian PR and out?

It has to be physical but they don't have to be continuous 2 years. It is actually 730 days where a part of a day spent in Canada counts as a day spent in Canada. If you are going to be close to that limit or coming and going a lot, you should keep records of your comings and goings and preferably some sort of proof, for example bank records showing your ATM withdrawals and purchases. Canada immigration may not know 100% about all your comings and goings but they do have some idea and they will never tell you what they know so your records better match theirs.

 

[Lois Lane]

your visa is valid from one year of you having completed your medical, OR your expiry date on your passport which ever comes first.....