New Kid on The Block - Some Basic Questions (I think!)

[Emily RugBurn]

Hi Folks,

Very glad I found this forum -- it's been extremely helpful since deciding to move back to Canada. Thanks to all who contribute!! You are helping people you don't even know exist!!

OK, here are the pertinent details: I'm a Canadian citizen. I married my American husband in Toronto, Canada in 2004. In 2007, I moved to the US (New York state) on a family-class visa so we could (finally!) be together. I got my green card in January of 2008, so I have been a legal US resident since then. Cut to November of 2009 and we have decided we want to move (back) to Canada. Here are my questions:

1. How do I re-establish permanent residency back in Canada (Ontario)? I looked around and I don't actually see any forms relating to PR for Canadian citizens, just forms I need to fill out when I move all my possessions back... Is there a form, or am I considered a PR just by moving back?...

2. If it's possible, would it be better (quicker/easier) to apply to sponsor my husband while we are both residing in the US (where we are now), or should I move back to Canada first and re-establish myself (job, house, etc...) and then start the process?...

2. a) If it is indeed better/easier for me to move back to Canada first, is there a visa that my husband would qualify for so he could be with me in Canada while he waits for his PR status?

3. I just read on one of the threads here that there is no minimum income requirement if you are sponsoring a spouse. Is that true?

4. Taxes: My husband is a freelance writer and will continue to get his salary from US companies. I know that, as a US citizen, he is required to file every year, and he will likely owe income tax to the US, but will he be taxed in Canada as well, if all his income is from the US? This is probably a tricky one, but I thought I'd ask anyway!

Thanks to all who can offer any advice -- much appreciated!!

~ Em

 

[Karlshammar]

1. You are a Canadian citizen so there is nothing you need to do. You just move back and start living your life. You just have to make sure that you apply for health insurance and a driver's license (if you drive) from the province. You are not considered a PR; PR is a status for immigrants. Citizen is a step "higher" than that.
2. Well, if you are outside Canada you have to prove that you intend to move back to Canada permanently after your husband is approved, but beyond that the process and requirement are identical.
Your husband is eligible to apply for any status or attempt to enter as a visitor, but there is no special status he is entitled to simply by virtue of being married to you or having applied for PR.
3. That's correct. You can't be on social welfare or in the middle of bankruptcy; that is the only financial requirement.
4. If he is living in Canada he will be taxed by Canada on his worldwide income. That being said, the U.S. and Canada have tax treaty, so he will not be subjected to double taxation.

 

[Emily RugBurn]

@Karishammar Thank you SO much!! I can't believe that I will be a resident of Ontario just by simply moving back there. That amazes me. (You should see the hoops my husband and I had to jump through when I immigrated to the US!) That is very good news!! 1 down, 1 to go!!

So we can start the application process from within the US as long as we intend to move to Canada once his PR status is approved? Do I need to provide evidence of our intentions? (Bank accounts set up in Canada, letter from Canadian employer?...)

That's too bad that there is no family-class visa that would allow him to be with me in Canada while he waits for his PR status. Has anyone had any problems with spouses visiting during the application process? I know it posed some problems going the other way (Canada to the US).

And more good news on the tax front! I'm off to Google the tax treaty!

Thanks again!!

 

[Leon]

Your evidence of moving to Canada could be a job offer, acceptance to college, arranging housing etc. Failing that, at least get some letters from friends or relatives in Canada who know of your plans and will help you and support you, somebody you can stay with while you look for housing etc.

Spouses visiting can sometimes have problems because they might be thought likely to overstay. It takes around 6 months for him to get his PR. During this time, he can come visit you but he should probably either just visit you once, that's go with you and stay on a visit status until he gets his PR or if he's staying and working in the US while waiting, he should bring a letter from his employer every time he wants to come visit you so if they stop him, he can show that he has a job to go back to and is not planning to overstay. He could also apply for a Nexus card. That is supposed to make border crossings extremely painless and fast.

 

[Karlshammar]

No problem! Yeah, because you are a Canadian citizen, this is your country and you don't have to go through any process to live or work here.

Leon pretty much answered all your questions, I think.

 

[Emily RugBurn]

@Leon Thanks very much for the additional info. I hope to have a job offer in Canada (although, if I'm still living in the US that might be difficult to procure), but I can certainly get a note from my real estate agent, my (new) bank and some family members (one of which is a retired Toronto Police Detective).

Since it could pose a problem for my husband to visit me in Canada before he's granted PR status (he will continue to write for US companies while in Canada, so a) he doesn't have an "employer", and b) he can write from anywhere in the world so there would be no reason for him to return to the US), I think we will just apply for his PR while we live together in the US, and then head to Canada together. I can open bank accounts, get letters, hire a real estate agent and sell our home in the US all from within the US -- and all that corresponding documentation should suffice as evidence enough of our intent to leave the US.

Having spent 2+ years obtaining my US greencard (a TOTAL nightmare), I can't believe how simple the Canadian immigration process is turning out to be. I heard it was easier, but this sounds like a snap. We can certainly wait 6 months (it will take us longer to sell our home in the current economic climate, I'm sure).

Much thanks to Karishammar and Leon for all of your wonderful assistance and advice!! (I'm sure I'll be back in a couple of months with some more questions about forms and such as I continue the process!!) We are very excited about making Canada our permanent home!!

~ Em

 

[The Littlest Hobo]

I think we will just apply for his PR while we live together in the US, and then head to Canada

What you really mean to say is you saw the weather report and decided to wait until spring Don't blame you!

It seems that many people on this forum are CDN/US couples and the US spouse "visits" for 6-months and then either extends the visa or does a border run or whatever. Some do this to get their 12-months together to qualify for common-law, other while they are waiting for inland or outland applications. So I don't see why you would have any real worries. Of course they CAN refuse him, but it seems like loads of people do it this way. I guess if you have the receipt for the PR application and proof he has a US bank account or employer (I don't see why they would care if he works from home or not, for all they know he could be on holidays or leave of absence) or whatever... well I'm not an expert on this bit,but there are a LOT of threads on here with ppl talking about the exact same thing. I'd suggest you read up a bit more on here, use the forum search function, etc. You can probably arrange things however you want, depending on what makes sense for your job and house selling/buying etc.

But yes, you need to show some intent to resettle in canada. and yes, it is a SNAP and they really treat applicants with dignity and respect compared to many other countries!

Good luck,
TLH

 

[Emily RugBurn]

@ TLH HA! I didn't even think about the weather, but you're totally right!! And thanks for the advice -- I'll definitely read up a bit more before making a final decision on whether or not I sure go back to Canada first.

Hey, can someone explain to me what "inland" and "outland" in terms of applications mean? I assume it means applying for PR status from within Canada (inland) or from outside of Canada, but I'm also seeing that one route is faster/more desirable than the other... is that applicable to my situation? (Would we be considered "outland"?)

 

[The Littlest Hobo]

can someone explain to me what "inland" and "outland" in terms of applications mean? I assume it means applying for PR status from within Canada (inland) or from outside of Canada, but I'm also seeing that one route is faster/more desirable than the other... is that applicable to my situation? (Would we be considered "outland"?)

Just an idea (though not trying to pick on you because we've all done it...) but really, try doing a search before you ask, you'll find your answer quicker - since this particular question is asked about once a week, you can find loads of info on other threads. You can also find a lot of the basics if you read through the basic guide on the CIC website. (but don't be afraid to ask stuff!)

Using the forum search function here are some hits which might help you:
http://www.canadavisa.com/canada-immigration-discussion-board/-t29916.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/-t30444.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/-t25772.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/-t25772.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/-t22144.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/-t20862.0.html

There is more but that probably answers your question. This forum is a really great resource! I wonder what people did before the internet... [shudder]

Happy browsing Emily!
TLH

 

[Emily RugBurn]

@ TLH Thanks very much for posting those links. I'm actually having some difficulties with the Search function -- the resulting pages either take forever to load, or refuse to load at all... But I'll try to be more patient. Promise.

And seriously, what did we do before the internet? Remember those "library" thingies? Nope, me neither!

~ Em