Is it a new rule ?

[USCANADA]

Hi,
I sponsored my husband. We all live in the usa and I sponsored him from here. Since my husbands job contract is until Novvember, we won't be going for good to canada right now. So, today my husband called border and ask if he should have to accompany me when landing. The officer said NO. I was under the inpression that since I sponsored him I have to accompany him to the border for landing and come back to the USA. So he can just go alone and land and come back ? Is this a new rule ? This might actually save me and my children some travelling.

Any feed back is greatly appreciated.

 

[AlanWales]

Only the person who is being sponsored needs to actually go through the border.

 

[USCANADA]

ok. Had no idea about this. I have small kids. I am glad to know that we have the option of staying in the USA while my husband goes and land.

 

[RobsLuv]

Did he happen to mention to them when he called the border that he was sponsored by a partner who is living outside of Canada? That might make a difference as you are required to prove that you intend to accompany him to Canada when he gets his PR. I would hate for them to refuse him his visa because he's trying to enter alone. Not sure they'd do that - we don't have many examples of couples who've applied while the sponsor is living outside of Canada - but I think I'd double check and you should probably get the information through the MP's office that represents either where you have family or where you'll be living once you get to Canada. Personally, I wouldn't trust anything anybody at CIC says . . . especially when it comes to "helping" a foreign national.

 

[USCANADA]

Well, my husband told her about me living here in the USA. Actually I was surprised too. I wonder if anyone else knows about this more or have experience.

 

[sbwv09]

I know of people who landed alone, but the spouse was in Canada, so I don't know if that made a difference.

 

[Siouxie]

I am not sure about the accompanying bit, I know I have read somewhere that the sponsor is supposed to accompany when the sponsor resides overseas.

In any case, the Canadian Sponsor undertakes to move to Canada as soon as the sponsored person receives their PR - presumably you had to show intent to return on your application?

I believe that is the reason why you are required to accompany for landing purposes... I could be wrong though.

Whilst this is in IP2 (Inland processing) it is referred to in OP2 (overseas processing).

5.10. Sponsors residing abroad
Sponsors residing abroad must meet the requirements in the following table:
Table 9: Sponsors living outside Canada
Canadian citizens residing outside Canada

• may sponsor their spouse, common-law partner, conjugal partner or
dependent children without dependent children of their own

• must satisfy immigration officials that they will reside in Canada once
their spouse, common-law or conjugal partner and dependent
children become permanent residents in Canada

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

I would ask about that before telling them you intend to stay in the US!

 

[iarblue]

I dont get it why did you apply for a PR if you dont plan to live here????I am pretty sure once he gets to the border they may ask the address of where he is going to live if he says the US ??????

 

[USCANADA]

Yes I understand your concern about why are we not moving right away. There is LAW and then there is Life. My husband has job here in the USA contract base and need to complete his work before moving. We have explained that to immigration when we applied. We did not hide anything....and the biggest thing is we are not citizens of USA and have no ties what so ever here in the USA. Anyways, thanks for everones reply.

 

[Siouxie]

Unfortunately, LAW is what rules us - life just gets in the way at times

Immigration don't care if your husband comes to Canada straight away, nor if his job requires him to remain in the US for the foreseeable future. However, they do care that you have sponsored your husband and that you don't intend to reside in Canada at this time. That is why they require proof of your intent to return and reside here once your husband has obtained PR status (landed) - and not your husband. The regulations are quite clear.

Your husband can return to the US after he has landed, however, I believe that you are required to stay in Canada unless you are working for a Canadian company or the Federal government. (I am sure someone will be able to give you a definitive answer).

I would urge you to get written confirmation from CIC that you are permitted to remain in the USA for the foreseeable future and not return to Canada.

Could you delay his landing until you are able to return to Canada permanantly?

Not trying to be difficult - I am just a little concerned for you.

 

[cowtown gal]

Hi there,

I am a Canadian citizen living in the UK with my UK husband. I have sponsored him and he will be landing in June to activate his PR (I will go too), then we will both be returning to the UK to wrap up loose ends before moving permanently around December. We have been reassured repeatedly that this is fine. Also, I am doing a PhD and was explicit that I DO plan to return to Canada but that it wouldn't be until the end of the year. On the forms where you say when you plan on moving I put Dec 2010, my correspondance with a potential employer included with the application also outlined this time scale.

We wondered the same thing, though, about whether I would need to travel for my husband to land (flights from the UK, after all and would have preferred to only have paid for one flight!!) but decided not to risk it. I think it does say something somewhere that the spouse should be in Canada when the PR lands - we took this to mean that I should accompany him. And really it gives me an excuse to go visit my family for a week!

As much as CIC can be pedantic, they are realistic and since you need to plan according to how long the application 'could' take (via London up to 12-18 months) so we had to submit so that it would hopefully be done by the time we were ready to go BUT now we have to land before Mr's medicals are up! I think this is part of why the 2/5 year rule exists. Many people land, then leave Canada temporarily to wrap up their lives elsewhere and return later. Sorry, this probably hasn't been much help as to whether or not you have to go with him, but it is definitely okay to land and not move permanently at the same time. And it is fine for you not to stay in Canada (obviously not permanantly) after he has landed and stay in the USA until you're both ready to go after wrapping up work, etc.

Good luck sorting it out!!