Residing in the US with Canadian wife/PR obligation

[Zakmeister]

My wife who is a CDN citizen has sponsored me, but I wanna stay and work in the US for the next 3/4 years and then move up north. I am on F1 visa and wanted to get my CDN PR now so that just in case if situation looks unfavorable in the US I can move up in no time.

I am aware of the 2/5 years of physical presence to meet the PR obligation. I was wondering if my wife travelling with me to the US will meet that requirement, because it looks like either I or she needs to be employed by a Canadian company to do so. Please input your thoughts from you know for sure from experience. Thank you!

 

[Ponga]

My wife who is a CDN citizen has sponsored me, but I wanna stay and work in the US for the next 3/4 years and then move up north. I am on F1 visa and wanted to get my CDN PR now so that just in case if situation looks unfavorable in the US I can move up in no time.

I am aware of the 2/5 years of physical presence to meet the PR obligation. I was wondering if my wife travelling with me to the US will meet that requirement, because it looks like either I or she needs to be employed by a Canadian company to do so. Please input your thoughts from you know for sure from experience. Thank you!

Where did you see that?

Here's what is found in the OP 10 Enforcement Manual:

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf
(see Sec 5.1 and also 6.1).

You need to fall into ONE (not all) of the three scenarios listed.

 

[Rob_TO]

My wife who is a CDN citizen has sponsored me, but I wanna stay and work in the US for the next 3/4 years and then move up north. I am on F1 visa and wanted to get my CDN PR now so that just in case if situation looks unfavorable in the US I can move up in no time.

I am aware of the 2/5 years of physical presence to meet the PR obligation. I was wondering if my wife travelling with me to the US will meet that requirement, because it looks like either I or she needs to be employed by a Canadian company to do so. Please input your thoughts from you know for sure from experience. Thank you!

If you have no intention to move permanently to Canada in the next 3-4 years, then in order to get PR status you would basically need to lie in your application or if asked about this by CIC.

If you did get PR and continued to work in the US, then any time spent with spouse would count towards your residency obligation. Though I've seen some reports that perhaps CIC would not allow the time allowed living with spouse to count for RO, if it was the PR that required the move outside Canada and not the sponsor.

 

[Zakmeister]

Where did you see that?




Well, the CIC website was not totally clear about the obligations in regards to sponsor living outside thing. I talked to some people who told me that the sponsor has to have a legit reason to stay outside the country and should not be because of the PR who's being sponsored. But the manual seems to be enlightening and has everything detailed. Thank you!

 

[Zakmeister]

If you have no intention to move permanently to Canada in the next 3-4 years, then in order to get PR status you would basically need to lie in your application or if asked about this by CIC.

If you did get PR and continued to work in the US, then any time spent with spouse would count towards your residency obligation. Though I've seen some reports that perhaps CIC would not allow the time allowed living with spouse to count for RO, if it was the PR that required the move outside Canada and not the sponsor.

Could you clarify what you mean be reports? People's applications or any data from the CIC?

 

[cyt0plas]

Though I've seen some reports that perhaps CIC would not allow the time allowed living with spouse to count for RO, if it was the PR that required the move outside Canada and not the sponsor.

Do you have a source on that? The law doesn't seem to specify that the move must be initiated by a specific partner.

 

[Rob_TO]

Do you have a source on that? The law doesn't seem to specify that the move must be initiated by a specific partner.

There was discussion on this forum about this. I'll try to dig up the relevant posts.

Edit: Can't find the original post this was discussed in. I also didn't see anything about it in official rules so perhaps it was just a theoretical discussion, not based on any actual cases.