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Canadian PR living in U.S. for an year and visiting Canada often

mastersboy

Star Member
Oct 20, 2014
143
4
After getting Canadian PR, my spouse and I decided to pursue a U.S. green card due to Canadian currency taking a dip and the tariff fight. My spouse has to move ahead of me to the U.S. to start a job. Since, the U.S. green card is not guaranteed, we would like to keep out PR status. I will be staying and working in Canada. We both landed recently. We will know within a year if my U.S. green card is approved or not. In the meantime, my spouse would like to visit me often.

1. We are curious if my spouse will have any issues visiting Canada to see me?

2. Can our PR status be revoked because of our U.S. green card application?

3. If my spouse joins me back in Canada after staying in U.S. for an year and we meet the residency obligations, can my or my spouse's PR card renewal in future be refused because of our U.S. green card application?

4. Can the border agent revoke PR status, if they know my spouse is living in the U.S. for the time being and trying to sponsor me to the U.S. even though technically my spouse is well within the limit of staying out of Canada as per the residency requirements?

Thanks!
 

dpenabill

VIP Member
Apr 2, 2010
6,536
3,295
After getting Canadian PR, my spouse and I decided to pursue a U.S. green card due to Canadian currency taking a dip and the tariff fight. My spouse has to move ahead of me to the U.S. to start a job. Since, the U.S. green card is not guaranteed, we would like to keep out PR status. I will be staying and working in Canada. We both landed recently. We will know within a year if my U.S. green card is approved or not. In the meantime, my spouse would like to visit me often.

1. We are curious if my spouse will have any issues visiting Canada to see me?

2. Can our PR status be revoked because of our U.S. green card application?

3. If my spouse joins me back in Canada after staying in U.S. for an year and we meet the residency obligations, can my or my spouse's PR card renewal in future be refused because of our U.S. green card application?

4. Can the border agent revoke PR status, if they know my spouse is living in the U.S. for the time being and trying to sponsor me to the U.S. even though technically my spouse is well within the limit of staying out of Canada as per the residency requirements?

Thanks!
Visit the IRCC web pages with information about PR status and PR obligations.

Start here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

There is no intention requirement for Canadian PRs so pursuing a U.S. green card and related actions should have NO DIRECT impact on PR status. As long as the PR complies with the PR Residency Obligation, there should be no issues about status or living in the U.S.

Thus, there should be NO issues returning to Canada to visit during the first three years after the date a PR landed and became a PR. Best to show PR card, but not essential. Need to show PR card to board a flight to Canada. But otherwise there should be no problems for the first three years after landing.

After that, for a PR not living in Canada, compliance with the PR Residency Obligation can be an issue, depending on how much time has been spent actually, physically in Canada. Visit the IRCC web site linked above and if you still have questions, come back and ask.