Looking for gems of wisdom as I start the process.

[justcurious2008]

Hi Everyone,

I'm planning on starting the outland spousal/dependent process sometime within the next two months and I'm just reaching out to see if anyone has any words of wisdom for me that might save some headaches along the way. Any potholes to watch out for or surprise situations you might have run into in a similar circumstance would be really appreciated.

My situation is:

• I am a dual citizen (CA/US) currently living in the US (I've never lived in Canada).
• I am planning to relocate myself, my wife, and our two young children to Canada sometime over the next two years. Probably to B.C.
• My wife and children are US citizens, but not Canadian (I was board abroad to a Canadian parent).
• We've chosen outland sponsorship because we're not quite ready to move yet and, if possible, I'd like to have PR status for my wife before we go, so she can work once we get there.
• Of course, we'd also like our children to have PR status.

A couple of questions I have right off the bat are:

1. Do you think we should hire an immigration lawyer to help us through the process, or is it pretty navigable on your own (of course assuming attention to detail in the application process)?
2. Do we need a separate application for each person (spouse/children), or are all of the PR requests handled in the same application?

Thanks in advance for your replies. We're excited at the prospect of our new adventure in Canada.

Don

 

[Wakki]

Hi Everyone,

I'm planning on starting the outland spousal/dependent process sometime within the next two months and I'm just reaching out to see if anyone has any words of wisdom for me that might save some headaches along the way. Any potholes to watch out for or surprise situations you might have run into in a similar circumstance would be really appreciated.

My situation is:

• I am a dual citizen (CA/US) currently living in the US (I've never lived in Canada).
• I am planning to relocate myself, my wife, and our two young children to Canada sometime over the next two years. Probably to B.C.
• My wife and children are US citizens, but not Canadian.
• We've chosen outland sponsorship because we're not quite ready to move yet and, if possible, I'd like to have PR status for my wife before we go, so she can work once we get there.
• Of course, we'd also like our children to have PR status.

A couple of questions I have right off the bat are:

1. Do you think we should hire an immigration lawyer to help us through the process, or is it pretty navigable on your own (of course assuming attention to detail in the application process)?
2. Do we need a separate application for each person (spouse/children), or are all of the PR requests handled in the same application?

Thanks in advance for your replies. We're excited at the prospect of our new adventure in Canada.

Don

Only Canadian citizen are eligible to apply for Spousal Sponsorship Outland.....which i would say you are eligible been a Canadian citizen.

Who can apply to sponsor spouses, partners or children

If you are Canadian Citizen born outside Canada......your children born abroad are not Canadian Citizens (1st generation limit).

If you became a Canadian citizen by birth or naturalization.......your children born abroad are Canadian citizens and not eligible to be sponsored or issued a visa, and cannot be added to spousal sponsorship for PR........you will need to apply for their proof of Canadian citizenship.

Since you are resident outside Canada and applying Outland......you will need to provide convincing proof in your sponsorship application that you will move to reside in Canada when the PR visa is issued to your family member.

If your children have no claim of Canadian citizenship.......they can be added to your spousal sponsorship application..........and you do not need a separate application for each person (spouse/children)............all of the PR requests handled in the same application.........your wife will be the PRINCIPAL APPLICANT, your children (if they have not claim of Canadian citizenship) will be added in same application as DEPENDANT.......you the husband and Canadian citizen will be the SPONSOR.

The decision to hire or not hire immigration lawyer is yours.........the application process is not complex........you only need to submit the documents as requested in the Spousal Sponsorship Checklist.............for help filling the forms, follow the Spouse Sponsorship Guide.

 

[justcurious2008]

Thanks for the reply. I really appreciate it.

It's good to know we can handle the application process on our own and we can have one application for all of us.

Thanks again!

 

[canuck_in_uk]

Hi Everyone,

I'm planning on starting the outland spousal/dependent process sometime within the next two months and I'm just reaching out to see if anyone has any words of wisdom for me that might save some headaches along the way. Any potholes to watch out for or surprise situations you might have run into in a similar circumstance would be really appreciated.

My situation is:

• I am a dual citizen (CA/US) currently living in the US (I've never lived in Canada).
• I am planning to relocate myself, my wife, and our two young children to Canada sometime over the next two years. Probably to B.C.
• My wife and children are US citizens, but not Canadian.
• We've chosen outland sponsorship because we're not quite ready to move yet and, if possible, I'd like to have PR status for my wife before we go, so she can work once we get there.
• Of course, we'd also like our children to have PR status.

A couple of questions I have right off the bat are:

1. Do you think we should hire an immigration lawyer to help us through the process, or is it pretty navigable on your own (of course assuming attention to detail in the application process)?
2. Do we need a separate application for each person (spouse/children), or are all of the PR requests handled in the same application?

Thanks in advance for your replies. We're excited at the prospect of our new adventure in Canada.

Don

Hi

If you were born in Canada or naturalized in Canada before your children were born, they ARE Canadian citizens and cannot be sponsored. You would need to apply for their Certificates of Citizenship and should do that ASAP.

As for sponsoring your wife, outland American apps generally don't take more than 6-8 months. As a sponsor living abroad, you need to show proof that you will return to Canada when the app is approved. You should apply no more than a year before you actually plan to live to Canada.

 

[justcurious2008]

Hi

If you were born in Canada or naturalized in Canada before your children were born, they ARE Canadian citizens and cannot be sponsored. You would need to apply for their Certificates of Citizenship and should do that ASAP.

As for sponsoring your wife, outland American apps generally don't take more than 6-8 months. As a sponsor living abroad, you need to show proof that you will return to Canada when the app is approved. You should apply no more than a year before you actually plan to live to Canada.

Thank you. I should have been more clear about my children's status. They are not citizens because I was board abroad to a Canadian parent.

I'll update the original post to make that more clear.

 

[Hurlabrick]

You can certainly do all the paperwork yourself without an immigration consultant (we did).

Some useful 'unofficial' guidance on outland spousal sponsorship here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

Sure, it is angled at British PA's, but most would also apply to US PA's.

 

[justcurious2008]

Hi

If you were born in Canada or naturalized in Canada before your children were born, they ARE Canadian citizens and cannot be sponsored. You would need to apply for their Certificates of Citizenship and should do that ASAP.

As for sponsoring your wife, outland American apps generally don't take more than 6-8 months. As a sponsor living abroad, you need to show proof that you will return to Canada when the app is approved. You should apply no more than a year before you actually plan to live to Canada.

That brings up another question...

I was under the impression that, once the PR status is approved, we have until the medical exam expires (two years from the exam) to actually physically move there. Is that not the case?

Is there any grace period or timeframe at all for when you have to actually move?

 

[kcward7]

That brings up another question...

I was under the impression that, once the PR status is approved, we have until the medical exam expires (two years from the exam) to actually physically move there. Is that not the case?

Is there any grace period or timeframe at all for when you have to actually move?

You're partly right. The confirmation of PR coincides with the expiry of the medical. The medical is valid for 1 year, not 2. You can do a soft landing at this time if you're not ready to move, but you have to land in Canada as a PR by the expiry of the COPR.

 

[justcurious2008]

You're partly right. The confirmation of PR coincides with the expiry of the medical. The medical is valid for 1 year, not 2. You can do a soft landing at this time if you're not ready to move, but you have to land in Canada as a PR by the expiry of the COPR.

That's great info, thanks!

 

[canuck_in_uk]

That brings up another question...

I was under the impression that, once the PR status is approved, we have until the medical exam expires (two years from the exam) to actually physically move there. Is that not the case?

Is there any grace period or timeframe at all for when you have to actually move?

As said above, the COPR expires one year from the date of the medical. However, if IRCC is not convinced of your intent to return to Canada when the app is approved, they can and will refuse it. There was also a case where CBSA refused to land a person because their Canadian sponsor was not returning to Canada for a few years.

 

[Hurlabrick]

That brings up another question...

I was under the impression that, once the PR status is approved, we have until the medical exam expires (two years from the exam) to actually physically move there. Is that not the case?

Is there any grace period or timeframe at all for when you have to actually move?

Wot Canuck said.

If / when you are approved, you are issued a CoPR which has an expiry date. This date is normally one year from the date of your medical, that said, it often takes them many months to approve once you have had the medical - so bottom line is that by the time you get the CoPR, it may well expire within 1 - 4 months from the date of receipt.

Yes, you will have to land to declare PR (and so 'activate' the CoPR). But you can do a 'soft landing', activate your PR, then return to the US to sell up and come back to Canada at a (reasonably soon - I suggest months not years gap) future date (although with the caveat that Canuck mentions).

We did precisely this. A 'soft landing' to activate our CoPR in April 2017, returned to the UK a couple of weeks later. Had the PR Card sent to a Canadian address we provided which arrived in July (a friends address). He couriered this to us and we landed for good in November 2017. You (i.e. your PA) must of course physically reside in Canada for at least 3 years in any rolling 5 year period (starting on the date you activated your CoPR) to retain their PR.