essential needs requirement waived?

[cjduguay]

We were married in the US, I am a US citizen, he is Canadian. I real that the requirement for proof of income was waived for a spouse. Is this correct? We are an older couple and do not have a lot of income but we want to be together in Canada.

Also, I do not ever want to give up my US citizenship. Will I have too if I become a Canadian citizen also?

One more, for now, I am leaving in 6 months to satisfy my visa, how long must I stay out of Canada before I may return?

 

[genio]

Hi,,,just a quick answer to part of your question, as an american, when you become canadian, you do not have to relenquish your U.S citizenship. I am american, lived in Canada for 38 years, and just last year took out canadian citizenship. So, I now have dual citizenship. They never asked anything about givinig up U.S. citizenship

 

[Leon]

The US doesn't like dual citizenship but they kind of ignore it. They are strict on you always using your US passport to travel to and from the US. As a dual citizen, you can travel with 2 passports but better not to be waving them around or somebody might get suspicious. They don't make you give up your US citizenship if you take another. If you have another and take US citizenship, I do believe they have something in their oath to renounce former alliances or whatever but they still do not make people give up their prior citizenships. I heard of someone who was in the US armed forces and was a dual Canadian and was ordered to destroy his Canadian passport but they did not make him renounce his Canadian citizenship.

In any case, for the original poster, let the Canadian spouse sponsor you outland, that way you can still travel back and forth while it's being processed and you should have your permanent residency in 7-8 months. For most purposes, you don't need to be a citizen. You will keep your PR as long as you are living in Canada at least 2 out of every 5 years and if you are with the citizen husband, you can keep it even without living in Canada. If you do want to go for Canadian citizenship, you can apply after having PR and living in Canada 3 years.

The visit visa system is normally half and half but you can ask CIC if you can apply to extend your visit visa.

 

[RobsLuv]

We were married in the US, I am a US citizen, he is Canadian. I real that the requirement for proof of income was waived for a spouse. Is this correct? We are an older couple and do not have a lot of income but we want to be together in Canada.

Yes, the minimum income requirement is waived for spousal/common-law/dependent child sponsorships - but CIC still asks for an Option C printout (to make sure the sponsor is not on social assistance or in an undischarged bankruptcy), and they do ask for a letter from an employer. If you're retired, he could probably submit income statements from benefits, savings, etc. The concern is whether he's able to support you so that you do not have to apply for social assistance.

Also, I do not ever want to give up my US citizenship. Will I have too if I become a Canadian citizen also?

Answered already - you don't have to become a Canadian citizen in the first place - you can remain a PR as long as you meet the 2 years in every 5 year period residency requirement, or you live exclusively with your Canadian citizen sponsor/spouse outside Canada. If you do take citizenship, you do not have to give up your US citizenship. You will become a dual citizen.

One more, for now, I am leaving in 6 months to satisfy my visa, how long must I stay out of Canada before I may return?

Reconsider leaving to extend your status - if you are in a qualifying relationship (marriage), you have a PR application in process, and you can prove your original entry date, you can apply before the six months expiration of that status to extend it by filing this extension application. If you are filing an inland PR application (not recommended for US citizens) file the extension application (don't forget to pay the fees) WITH the inland PR ap, in the same envelope. This gives you "implied status" to remain in Canada legally until they make a decision on first stage approval of your inland ap (5-6 months). Then it's another 6-12 months before you're finalized as a PR.

If you are filing an outland PR ap, which you can do even while staying with your spouse in Canada, simply mail the extension application to CPC-Vegreville so that it's received BEFORE your current status expires. That gives you the same implied status to remain in Canada until they make a decision on the extension ap. That takes about 75 days. If you leave Canada, though, your "implied status" ends.