ladyex13 said:
I may have an odd situation here but i'm not sure. I moved to the US from Canada and went through all the proper procedures and such therefore taking care of things legally. We did use an attorney so it would be done properly. I am now a US Citizen. However, my husband and I are wanting to move to Canada now to be closer to my family and grandchildren. I have been married for 7 years so proving that isn't going to be difficult. What I am wondering is the best course of action to take here? My husband has a masters degree in his line of work and there are many jobs available in Canada for him. Our concern is this: should I move back and begin the paperwork using spousal immigration or is it best to go through the skilled worker program? I'm thinking to move back it would also be easier to just sell everything and start fresh in Canada? I have family that we could stay with until we get this all figured out so that isn't a problem I don't think? I look forward to any information you could help me with here. We have considered speaking to an attorney and possibly going that route but I did all the paperwork myself when I moved here and the attorney just filed it all. I'm thinking it may be possible to do the same going to Canada? Please advise.
Your case isn't odd at all, it sounds very straightforward and simple.
I'm not sure of the time comparisons between skilled worker and family class... but at least with family class he is guaranteed to qualify. Not sure about skilled worker or what the criteria is. I would just use family class if there was a choice.
You could apply immediately for your husbands PR with an "outland" application. You can do this while living with him in the US. US outland cases are handled through the CPC-Ottawa visa office, and according to the Ottawa thread on this forum, cases can be fully completed in around 8-12 months.
During the processing time you can keep living in the US, or you could come to Canada if you wanted. Would just need to keep in mind when talking to an immigration officers that until his PR is granted your husband can only VISIT Canada, so he couldn't "move" or "live" here. He should be able to get at least a 6-month visitor status, which you can extend later, or exit/re-enter Canada to get a fresh 6 months.
In the application you as sponsor will need to prove intent to return and live in Canada. This can be a written explanation to CIC, and should show efforts you've taken to find a place to live, get employment etc.
Also there is no need for a lawyer to be involved. With a 7 year marriage there should be no issues whatsoever in your application so you guys can just do all the paperwork yourselves. The only reason a lawyer would be needed is if one of you have criminality or other serious issues like that, or if you are just itching to blow $2-$3000 on something!
