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PR timeline - how long do I have to come to Canada?

kowen777

Newbie
Dec 1, 2019
2
0
I am a citizen and resident of the US and my husband is a Canadian resident and citizen. We applied for a family class/spousal sponsorship for permanent residency in March 2019 - we are therefore hoping to receive an answer by March 2020. However, we recently found a job for my husband to take here in the US. He is 50% blood quantum First Nations and has the ability to work and live in the US freely under the Jay Treaty, so it is very easy for him to come here. However, I am concerned that we will have gone through this process for nothing if he comes here for the next few years. I have done lots of research and I think this is the timeline we are looking at:

- March 2020 - Receive Confirmation of Permanent Residency
- I do a "soft landing" in Canada and get my PR Card and have it mailed to my husband, I return to the US to continue to work
- He comes to the US and we live here for a few years
- We decide if we want to stay in the US and give up my PR status in Canada OR we return to Canada within 3 years so that I can satisfy the 2-out-of-5 year residency requirement to maintain my PR status

My questions:
1. If you voluntarily give up your PR status or it is revoked due to not meeting the 2 year minimum requirement of residency within a 5 year period, will we be able to apply for PR for me again in the future without negative consequence?
2. How long do I have after I receive the COPR to "land" in Canada? (the info I have found on this applies to overseas express entry applicants and not to outland spousal sponsorships)
2. How long do I have to stay in Canada when I do my soft landing after the COPR is received?
3. Does my husband residing WITH me, inside of the US, count towards the 2 year requirement, or do we both need to be living inside of Canada?
 

Jnicole45

Hero Member
Jul 28, 2019
307
98
Vancouver, BC
Category........
FAM
App. Filed.......
16-05-2019
AOR Received.
24-07-2019
1. You should be fine to reapply for PR. They might be curious about why you renounced it/why it was revoked, but I doubt there would be any negative consequences.
2. You have until your COPR expires (which is a year from when you had your medical exam) to land.
3. I dont know if theres any requirement for how long you have to stay. Typically they tell you not to leave Canada until you've received your PR card since you cant reenter Canada without it, but if you're having your husband bring it to you, I don't see why you couldn't leave, say, the next day.
4. You need to be living inside Canada. Time outside only counts if you or your spouse is in the military or in some kind of foreign service position (like a diplomat) that has relocated you outside of Canada. Otherwise you have to be physically present in Canada for it to count towards your residency requirement
 

canuck78

VIP Member
Jun 18, 2017
59,045
14,645
Your husband will need to prove that he will be moving to Canada. They have become very strict about this. With a new job in the US it will be obvious that you don’t intend to relocate. I would withdraw and reapply when you actually want to relocate.