Moving To Nova Scotia

[readyabout22]

Hello All,

This board has been extremely helpful to read. I have a few questions. If anyone could offer any advise it would be greatly appreciated.

I am an American and my wife is a Canadian citizen. We have a daughter who is 1.5 and is a Canadian citizen by birth (mom/my wife was born in Canada). We currently live in New York and are seriously considering moving to Cape Breton, Nova Scotia.

I understand it will be best to apply from outside of Canada through the Buffalo office. My wife is a teacher here in the states and I am a self employed painting contractor. Obtaining traditional employment in Cape Breton is extremely difficult, obtaining a teaching job is virtually impossible, so my wife will have a tough time getting a letter from an employer. We are planning on working for ourselves (tutoring, contract work, etc...and when I am permitted I'll be painting and doing tile work, etc...) I will also have some income from the States if I decide to run my business from Canada.

Is it likely that my wife could sponsor me and be approved if we explained our plan in detail? My father in law could offer my wife a job at his business, and we do have a free place to stay for at least a year. We have spend at least 2 months a year in Cape Breton the last few years and I know that I could find work (once authorized of course)

We basically need to get to Cape Breton before we can make a living. It's not the type of place you can apply for jobs on line and have a position waiting for you. It is also a place that is DESPERATE for young families. We've never taken any government assistance and have no intention of doing so.

Another option for us is to go to Halifax, where we also have a free place to stay and it is much easier for my wife to find employment. Would it be a better option to go this route and then just move to Cape Breton if we wanted to at a later date?

Thanks

 

[canadiangirl78]

Explain your plan to move in writing and I'm sure you will be approved. It's very rare to get denied. Just be honest about your plan and I wouldn't worry. And you can go somewhere different once you're granted the visa. Destination is not set in stone. But if she has family somewhere, have then write a letter offering their place for you to live. Remember a lease is enough to prove you're moving back. Your wife doesn't need to prove she will have employment.

 

[justtryingtohelp]

Just a comment that you should check more carefully into the Canadian Revenue Agency's rules on working in Canada before you decide to run your business in the U.S. from Canada. I believe that it is illegal to carry on any money-making endeavours, be they on Canadian soil or abroad, without a work permit.

 

[canadiangirl78]

But he would have a PR.

 

[readyabout22]

Thanks so much for the responses. The only other issue we have is timing. My wife is a teacher so I guess we'll have to decide whether she'll teach in the states next year if we apply later this summer.

She is required to be in Canada as soon as I am approved as a PR, correct?

In other words, if we apply for my PR this summer and I get approval in April of next year, she would be forced to quit her job and go to Canada immediately to be there when I arrive.

I couldn't delay my arrival could I?

Probably would be best for her to just move back permanently this summer and I could visit on and off while I wait for PR.

 

[canadiangirl78]

You could land and go back to the states with her for a few months.

 

[steaky]

No, after you became permanent resident, you can stay in the states with your canadian spouse as long as you like without worrying losing PR.

 

[mameelynn]

Like others have said if you have your family (if that is where you can stay for up to a year) write a letter saying that you can stay there until you get your feet under yourselves. I say good for you all to want to move up to Cape Breton! My family is from there and I have a lot of relatives that still live there or have had to leave there to be able to support their families! One of the nice things about going to Nova Scotia is that if you are a new PR or if you are a returning Canadian returning from abroad you get Nova Scotia Health from the start. My husband and I were also trying to decide if it would be better for my and the kids to move back up to Canada and him stay in the states until we get his PR and I know that it is something that each couple has to decide for themselves but I know for us it didn't make sense to deal with a long distance relationship for ourselves and our children when we were already living in one place... we would rather just stay as a family until we can all move up to Canada together. Also with the fact that you could land and not lose your PR as long as you are living with your Canadian spouse outside of Canada you have the ability to then wait to move until either the end of the school year for your wife's work or until you get job's and housing all lined up in Cape Breton. Good luck!!

 

[readyabout22]

I didn't realize I could go back to the States after I was granted PR. I was under the impression that my wife would have to be living in Canada when I "landed". Please let me know if I am understanding this correctly... Are you saying that we could file everything and I could be approved without my wife living in Canada at all? Would she have to be there when I landed? I was under the impression that she would have to show she is moving back permanently, ie quit her job in the States and have housing lined up in Canada.

 

[canadiangirl78]

I'm outside Canada and was just approved. She doesn't have to move back right away. You can land and go back to the US. It's just in the long run she needs to be in Canada with you.

 

[readyabout22]

Should we be upfront about staying in the States for a while after I am granted PR? I though we were required to detail how my wife would be quitting her job, cutting all ties to the States, etc...

Why do so many families have to be split up if you are allowed to file from abroad and stay abroad until the PR is approved?

 

[canadiangirl78]

Should we be upfront about staying in the States for a while after I am granted PR? I though we were required to detail how my wife would be quitting her job, cutting all ties to the States, etc...

Why do so many families have to be split up if you are allowed to file from abroad and stay abroad until the PR is approved?

Some people have to be split up because of employment. Meaning the sponsor has a job in Canada.

If the sponsor is a permanent resident they must be in Canada during the entire process. But citizens can be living abroad.

No you don't need to say anything about landing and going back to the US. That isn't a question they even ask. Just prove your wife will move back to Canada with you. But she doesn't actually HAVE to move back until she is ready. You just can't be in Canada long term without her. She doesn't have to cut all ties to the US. She just needs to show her plan for moving to Canada. Don't you guys have kids? Then it really isn't a problem. I just showed an offer of employment and wrote a letter explaining our plans in my own words. People get approved for less.

 

[OhCanadiana]

Why do so many families have to be split up if you are allowed to file from abroad and stay abroad until the PR is approved?

Your wife, as a Canadian citizen, has the right to sponsor you while she is outside Canada. In contrast, Permanent Residents cannot do this and have to be living in Canada - hence their families have to be split up (unless their spouse/partner can go to Canada as a tourist and wait out the process which isn't easy both from a visa logistics and financial standpoint).

Regarding the advice upstream about timing the return to Canada, your wife needs to commit to move to Canada as soon as your PR is granted. However, CIC also encourages folks not to quit jobs or sell houses until visas are issued since there can always be delays. Therefore, it's a matter of balancing these two aspects (in essence, the gray area is - what does 'as soon as' mean)

Thanks so much for the responses. The only other issue we have is timing. My wife is a teacher so I guess we'll have to decide whether she'll teach in the states next year if we apply later this summer.

I think she should plan to teach through next year. If you rely on the published timing figures from CIC it is taking 90 days for step 1 and then 11 months for step 2 (http://www.cic.gc.ca/english/information/times/perm-fc.asp). Granted, for step 2 these figures represent 80% of the applications and yours could be faster - but you can't count on it. So I think you can reasonably assume she'll be here for the full next school year and act accordingly.

She is required to be in Canada as soon as I am approved as a PR, correct?

In other words, if we apply for my PR this summer and I get approval in April of next year, she would be forced to quit her job and go to Canada immediately to be there when I arrive.

She doesn't need to be in Canada when you land...

I couldn't delay my arrival could I?

....you could land, go back to your US home to wrap up your affairs (have her quit her job, sell your house, pack) and then move to Canada together. That can't take you forever but you shouldn't have any problems closing off the school year, especially since CIC is taking longer and longer and you aren't mailing your application until the Summer. In fact, you may very well be asking yourself this same question next Summer!

Probably would be best for her to just move back permanently this summer and I could visit on and off while I wait for PR.

Not necessary for you to do so since she is a Canadian citizen. You can stay under one roof

Just make sure you include a checklist or essay describing her intent to move back...don't make it too detailed or long - some folks write a letter others write a checklist. The idea is to show you've thought through what needs to happen and that you have a work-eable plan.