Spousal Visa Process Questions

[rainbowskies]

Hi Everyone! I'm new here and had some questions regarding the process for applying for a spousal PR card.

A little about us:
I am an American citizen and my wife is a Canadian citizen. We went through the spousal visa process to bring her to the US in 2020 and this October she will be applying for dual citizenship. After some life changes we've decided we want to be closer to her family and to have me go through the PR process so we can move back to Toronto.

Some specific questions I had that I wasn't able to find info on:

1) To save on time, I would like to be able to apply for the PR card soon while my wife is also waiting for her US citizenship to process, so they could both be processing at the same time. However I was just concerned that if for whatever reason the Canada PR application was approved before her US citizenship was granted, that my PR card might expire. I'm not sure how long I have to actually enter the country once my Canadian PR card is granted to me.

2) Part of the application process for her US visa was having an interview in a different province than where she lived. I saw that sometimes interviews are required for an Ontario PR card and sometimes they're not, but if they are, I was curious what the interview process was like. We live in Florida, and I was wondering if my interview would be in the states or if I would have to be interviewed in Canada. And if I was interviewed in Canada, would it be upon entering as a PR or would I have to be interviewed and then go back to FL? (basically I'm trying to figure out how many trips I would be taking during the application process).

Any insight would be much appreciated. Thank you!!

 

[scylla]

Hi Everyone! I'm new here and had some questions regarding the process for applying for a spousal PR card.

A little about us:
I am an American citizen and my wife is a Canadian citizen. We went through the spousal visa process to bring her to the US in 2020 and this October she will be applying for dual citizenship. After some life changes we've decided we want to be closer to her family and to have me go through the PR process so we can move back to Toronto.

Some specific questions I had that I wasn't able to find info on:

1) To save on time, I would like to be able to apply for the PR card soon while my wife is also waiting for her US citizenship to process, so they could both be processing at the same time. However I was just concerned that if for whatever reason the Canada PR application was approved before her US citizenship was granted, that my PR card might expire. I'm not sure how long I have to actually enter the country once my Canadian PR card is granted to me.

2) Part of the application process for her US visa was having an interview in a different province than where she lived. I saw that sometimes interviews are required for an Ontario PR card and sometimes they're not, but if they are, I was curious what the interview process was like. We live in Florida, and I was wondering if my interview would be in the states or if I would have to be interviewed in Canada. And if I was interviewed in Canada, would it be upon entering as a PR or would I have to be interviewed and then go back to FL? (basically I'm trying to figure out how many trips I would be taking during the application process).

Any insight would be much appreciated. Thank you!!

1) You are applying for spousal sponsorship and not for the PR card. Make sure you complete the right application. Processing time is around 12 months for spousal sponsorship. You will have 1 year from the date of your medical to come to Canada to land and become a PR. Note that as part of your application, you will need to include evidence that you and your spouse plan to return to Canada to live here once your PR application is approved.

2) Interviews are only requested when there are concerns the relationship isn't genuine. Almost certainly no interview will be required in your case. FYI - There is no Ontario PR card. The PR card is federal.

 

[armoured]

However I was just concerned that if for whatever reason the Canada PR application was approved before her US citizenship was granted, that my PR card might expire. I'm not sure how long I have to actually enter the country once my Canadian PR card is granted to me.

As noted, once you get the PR approved, you have one year from the date of the medical - but that is fairly early on in process, so it might be eg 3 months or more to 'land' (arrive at border and become a PR).

BUT: obligations of a PR are very different from the US equivalent. You can leave the next day, a scenario that is not uncommon. This is called a soft landing. You need to come to Canada but you don't need to stay to start.

Once you become a PR, you have to spend more than 730 days in any five year period (or less than 1095 days outside Canada), starting the day you land.

So if you land, go home, and then return to Canada a year later to move in, no problem. You might end up with some issues down the road if you need to travel a lot, or whatever other reasons might come up, but deal with that later. I've no idea how long the citizenship process in the US takes, nor what other requirements there may be in terms of being in-country.

That said: I think the more substantive issues you'll face in the application process are the 'intent to return' issue @scylla mentioned above.

 

[rainbowskies]

1) You are applying for spousal sponsorship and not for the PR card. Make sure you complete the right application. Processing time is around 12 months for spousal sponsorship. You will have 1 year from the date of your medical to come to Canada to land and become a PR. Note that as part of your application, you will need to include evidence that you and your spouse plan to return to Canada to live here once your PR application is approved.

2) Interviews are only requested when there are concerns the relationship isn't genuine. Almost certainly no interview will be required in your case. FYI - There is no Ontario PR card. The PR card is federal.

Thanks for the clarification!

 

[rainbowskies]

As noted, once you get the PR approved, you have one year from the date of the medical - but that is fairly early on in process, so it might be eg 3 months or more to 'land' (arrive at border and become a PR).

BUT: obligations of a PR are very different from the US equivalent. You can leave the next day, a scenario that is not uncommon. This is called a soft landing. You need to come to Canada but you don't need to stay to start.

Once you become a PR, you have to spend more than 730 days in any five year period (or less than 1095 days outside Canada), starting the day you land.

So if you land, go home, and then return to Canada a year later to move in, no problem. You might end up with some issues down the road if you need to travel a lot, or whatever other reasons might come up, but deal with that later. I've no idea how long the citizenship process in the US takes, nor what other requirements there may be in terms of being in-country.

That said: I think the more substantive issues you'll face in the application process are the 'intent to return' issue @scylla mentioned above.

Ah I didn't factor in the timing of the medial in the process itself so thanks for that info. Once we officially get to Canada to stay I won't be travelling much if at all so maybe we could do some sort of soft landing and then come back until she gets the appointment for her oath ceremony if timing ends up not in our favor. We will be staying with her parents initially until she can resume employment at the hospital she was working at.

 

[armoured]

so maybe we could do some sort of soft landing and then come back until she gets the appointment for her oath ceremony if timing ends up not in our favor.

It's not at all uncommon and since you're coming from close, not complicated or expensive. You can even be up-front with immigration at the airport that your 'real' move is coming a bit later. Customs formalities for your stuff done when you do the real move too.