Sponsor spouse while residing in the US-- proof of intension to re-establish???

[jnt211]

Hello,

I've been reading online for hours and I feel like I'm going in circles; totally confused about the situation.

I am US born and raised, I've lived in New York my whole life. However, my family is Canadian and I hold citizenship from both Canada and the US. I'm currently pregnant and my husband and I are thinking of making a move to Toronto (where my family is from) next summer after the baby is born.

I am trying to figure out how to take care of his paperwork now in order to ensure that he is able to start working as soon as we arrive. It seems that sponsoring him for Permanent Residency is the way to go. However, the application seems to require that I either currently live in Canada and if I don't that I have "proof of intention to re-establish in Canada". Given that this move is nearly a year away, we don't have any of the necessary documents at this point (mortgage, job offer, rental agreement, etc). If we can't apply without this information than how can we make sure that when we get there he can work? I'm sure we will have one of these things in anticipation of our arrival, however, even PR processing times it seems like it could be another year before he could work.... This seems like a Catch-22. Am I understanding properly?

Any and all help would be so appreciated!!!

Thanks,
Julia

 

[Ponga]

Here's the good news: Since he is a U.S. citizen, he will probably complete the entire process in a matter of month (~ 6 +/-), since applications for Americans are usually processed in Ottawa.

Here's the bad news: See above.

As soon as he `lands', he will be able to work anywhere in Canada because he will be a PR and will not require any kind of work permit. Again, this could be as quick as 6 months or less.

Even though you aren't planning to actually relocate to Canada until this time next year, he could be approved; come to Canada (even for a day) to `Land' and then return back to the U.S. to get things in order, in preparation for the actual move.


Regarding evidence of your intent to return...just have a family member (or friend(s)) write a letter stating that they will help you to transition once you return to Canada. Show evidence that you/he are looking for work/residence now, since it can and will help.

Lastly, since you yourself are a Canadian citizen, you could both return to The U.S. to live after he has PR, and the days there spent with you will count towards his Residency Obligation days. A PR needs to spend at least 730 days (2 years) in each rolling 5 year period in Canada to maintain the PR RO, but those living abroad with their Canadian spouse/sponsor are given a pass...sort of.


Good luck!

 

[jnt211]

Thanks for the reply.

So just to make sure I understand properly...

-Approximately 6ish months after sending a complete application he should have PR status/approval
-Once he has PR status that makes him eligible to work
-In order to "activate" his PR status/aka "land" he will need to go to Canada for at least a day?
-As a sidebar, because I'm Canadian his PR status is maintained/day obligations are met as long as he's living with me, even if it's not in Canada?

Thanks so much for the help!

 

[CDNPR2014]

Thanks for the reply.

So just to make sure I understand properly...

-Approximately 6ish months after sending a complete application he should have PR status/approval
-Once he has PR status that makes him eligible to work
-In order to "activate" his PR status/aka "land" he will need to go to Canada for at least a day?
-As a sidebar, because I'm Canadian his PR status is maintained/day obligations are met as long as he's living with me, even if it's not in Canada?

Thanks so much for the help!

yes, to all the above. one note about landing and leaving. he will need to give a canadian address at his landing for his PR card delivery. he does not get the physical card that day. it can take months to get, and it has to be mailed to a canadian address. if you have a friend or family member, you can use that address. it will be no problem. also, if he plans to land and then leave, it is not recommended to tell the CBSA officer about those plans as that can trigger them to refuse the landing. we have seen it on this forum before, so it's best to just not to offer up that information at landing. CBSA does not need to know your plans after landing.

 

[jnt211]

I presume that he will become eligible to work upon landing and that he won't have to wait the months for the card?

What actually happens when he lands? Is that a meeting or an interview type thing?

As a secondary question, I'm pregnant now but our baby won't be born for another few months (and we want to get the application for my husbands PR submitted before then) will I need to submit another application of sponsorship once the baby is born? Or is there a way for them to get citizenship as the child of a Canadian even if they're born in the US?

 

[CDNPR2014]

Does he have to land immediately after getting approval? Or can we get to the point of landing and then wait the 6 months (or whatever it is) until we make the move and then the move can be the landing?

I presume that he will become eligible to work upon landing and that he won't have to wait the months for the card?

What actually happens when he lands? Is that a meeting or an interview type thing?

there will be an expiration date on his COPR (confirmation of permanent residence - the landing document) and he needs to land by that date. it will either coincide to the 1 year anniversary of the medical exam or 6 months from the issuance of the COPR.

He does not need the PR card to be eligible to work or to start work. All he needs is his sin number. After he lands, he can go to any service canada location and receive this with his COPR and passport. The physical pr card really isn't needed for much. most things can be done with the COPR and passport. The physical pr card is usually needed for commercial traveling for those who are not visa exempt (a us citizen will be able to travel to canada on the strength of their passport and enter canada with the COPR). it will also be needed to get a permanent healthcare card/driver's license in BC (the COPR is used to get temporary cards). In ontario, and most other provinces, you get your "permanent" cards with only the COPR and passport.

The landing is very simple. the actual process is about 15 minutes. the applicant presents the COPR document to the officer, they review the document, have the person initial and sign, they sign, they stamp and send you on your way. if you have items to declare at landing or after landing (known as goods to follow), you will need to do that after the landing. again, very simple process. there is no formal "interview" for outland landings.

i will defer to others regarding the baby issue. i am not very familiar with dependant applications.

 

[Alurra71]

I presume that he will become eligible to work upon landing and that he won't have to wait the months for the card?

What actually happens when he lands? Is that a meeting or an interview type thing?

As a secondary question, I'm pregnant now but our baby won't be born for another few months (and we want to get the application for my husbands PR submitted before then) will I need to submit another application of sponsorship once the baby is born? Or is there a way for them to get citizenship as the child of a Canadian even if they're born in the US?

I believe, because you said you were born in the US and one of your parents passed on Canadian citizenship to you, that you will need to sponsor your child, which would entail another sponsorship application after the baby is born. You would be considered the first generation born abroad and therefore not allowed to pass on your Canadian citizenship to your child.

I am pretty sure that is how it would play out for you based on my limited knowledge, so I would wait to see if anyone else chimes in otherwise.

Best of luck to you.

 

[jnt211]

I see-- I didn't realize that because my Citizenship wasn't by descent that it wouldn't be a Proof of Citizenship for my child but instead a Sponsorship situation... Is that correct?

If I am a Citizen and my husband is a PR (for now) and we move there before our child's Sponsorship goes through will they be eligible for health benefits?

 

[CDNPR2014]

If I am a Citizen and my husband is a PR (for now) and we move there before our child's Sponsorship goes through will they be eligible for health benefits?

not until they are approved and landed as a pr i believe. though, this can depend on which province you plan to live in...

 

[jnt211]

We would be moving to Ontario (Toronto).

So we should plan on starting the Sponsorship process as soon as he/she is born? It must be a PR Sponsorship and not a Proof of Citizenship since I am a citizen by descent?

 

[CDNPR2014]

We would be moving to Ontario (Toronto).

So we should plan on starting the Sponsorship process as soon as he/she is born? It must be a PR Sponsorship and not a Proof of Citizenship since I am a citizen by descent?

yes, if the baby requires PR status, you can apply as soon as the baby is born and you have all the paperwork ready. the baby will not be eligible for OHIP until approved for PR, so if an application is required, you will want to get travel insurance to cover emergency costs or you'll have to pay out of pocket for Dr. appointments. you can read up on OHIP on the service ontario website. it's pretty easy to understand/read.

i will defer to others about whether this is needed or if she will be a canadian citizen by birth. again, i'm not too clear on the whole babies/citizenship thing yet.

 

[jnt211]

I've also posted this to the Immigration forum, but wanted to here as well as it sounds like this is a significant thing to figure out before submitting anything:

My plan was to sponsor my husband for Permanent Residency and then take care of the paperwork for Proof of Citizenship for my little one once he/she is born. However, it sounds like my child might not be eligible for Proof of Citizenship since I am a citizen by descent.

Essentially, I'm trying to figure out if I should take care of my husbands PR sponsorship paperwork now and then the babies Proof of Citizenship after OR do I wait until the baby is born and then do a PR sponsorship for both of them on one application (if the baby isn't eligible for Proof of Citizenship)? I don't want to end up doing two separate sponsorship applications for each of them if that's the route we have to go.

I hope this is clear and thanks in advance for the help!