If I do not move within 3 years can I re-apply at a later time

[shazadtr]

Hi ,

Thank you for answering the many questions that comes your way! It is a noble service that you provide.

I am married to a Canadian citizen and both of us live in the US. Early next year it will be 3 years since I completed my landing in Canada. We would like to live in the US for a few more years before we move to Canada.

If I do not move within this timeframe, is there a chance I can re-apply at a future time or will I not be eligible to do so. I am expecting my US green card in a few months.

Thanks
SR

 

[thaiguy]

Yes, you can reapply.

 

[shazadtr]

Thank you so much for the quick response.
I am curious, have you been through this process before? Are there any special considerations when re-applying?

 

[PMM]

Hi

Thank you so much for the quick response.
I am curious, have you been through this process before? Are there any special considerations when re-applying?

You don't need to re-apply, if you are accompanying a Canadian citizen spouse abroad, you maintain your PR status.
From the Regulations"

(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

PMM

 

[thaiguy]

Thanks PMM

I think I'm just gonna shut my mouth from here on.

TG

 

[shazadtr]

Thank you PMM,
The only clarification I have is that, in the US I am working and my wife is on my work visa, so does this change anything?

Thanks a million!

 

[PMM]

Hi

Thank you PMM,
The only clarification I have is that, in the US I am working and my wife is on my work visa, so does this change anything?

Thanks a million!

Nope, if she is a Canadian it doesn't matter what her status is.

PMM

 

[kurus]

Hi,

I am in a similar situation.
I landed in August 2004 as PR obtained as a skilled migrant, applied for my PR and SIN and Medical cards and and returned to USA where I was working on H1B. My wife was living in Canada as a PR at that time obtained through family sponsorship and in October 2004 she completed her three years as a PR, she applied for Canadian Citizenship and joined me in USA. We have been living in USA since then and I have proof for that like joint bank accounts, rental agreements, house etc. Some time in 2005 she applied for her Canadian passport and got one.
She visited Canada many times thereafter.
I went back to Canada in Oct 2008 for a visit and the Immigration officer asked me the purpose of the visit and I said it is for pleasure(If I remember correct the options I had are either Business or Pleasure) and she let me in but she said my PR card is expiring in Aug 2009, which fact I know.

I have these questions.
1. Will the time I spent in USA be considered towards fulfilling my PR residency requirements?
2. Since my PR card is expiring can I apply for extension and if so how and where? I mean can I apply from US or should I go to Canada?
3. Can I apply for Canadian Citizenship since I have fulfilled my PR residency requirements?

Looking forward to answers from the experts.

Thanks

 

[RobsLuv]

Well, first of all - PR residency requirements are different than citizenship requirements . . . so you need to check into that. It's my understanding that only time spent living in Canada once you become a PR counts towards your citizenship residency requirements.

As far as applying for a new PR card, it looks like you have to make application within Canada??? I don't really know for sure, but this is what the Regs say,

"Delivery
55. A permanent resident card shall only be provided or issued in Canada.
Application for a card
(2) An application for a permanent resident card must be made in Canada"