Landing then returning later

[mrdrm130]

I just got the call that my visa is ready and will be issued soon.  It will expire when my medical does in October.  Is it possible to land and "activate" the visa and then return later with my family and goods after we settle our affairs?  Also I am living in the US with my wife who is my Canadian sponsor.  Would this time with her in the US after visa activation count as time towards the 2 years?  Finally, can I have my PR card sent to my US address?  If not, can I have it sent to my mother-in-laws house in Saskatchewan?

Thanks for your patience.
Giovanni
Proud Future Canadian

[starzibal]

I just got the call that my visa is ready and will be issued soon.  It will expire when my medical does in October.  Is it possible to land and "activate" the visa and then return later with my family and goods after we settle our affairs? . Also I am living in the US with my wife who is my Canadian sponsor.  Would this time with her in the US after visa activation count as time towards the 2 years? i Finally, can I have my PR card sent to my US address?  If not, can I have it sent to my mother-in-laws house in Saskatchewan?  

Thanks for your patience.
Giovanni

Proud Future Canadian

1. Yes
2. it will not count, it will assume out of Canada even in USA
3. i don't know call CIC.

[links18]

No, they will only send PR cards to a Canadian address.

We need some type of sticky for FAQs like this. This comes up time and again. 

[toby]

I'm sorry if I'm wrong on any of these points, but I disagree with some of the answers you've received.

MRDRM asked of the PR card could  be shipped to his mother-in-law in Saskatchewan – which is in Canada.  I believe hat the PR card is mailed to your official address in Canada, so declare your mother-in-law's address upon landing.  Then the card will go there, and she can courier it to you in the USA.

You need the PR card in hand to get back into Canada – or else you must apply for some other permission letting you into Canada the next time.  I forget what that permission is called, but it is described in other posts.

Finally, PMM has stated that if your sponsor is a Canadian citizen, time spent with her – even outside Canada – counts toward your two-year residence minimum. 

The trick is how to prove that you were with her all that time.  I am not joking: unless someone has a better idea, my solution will be to take a photo each month with her, holding a newspaper showing that day's date.  Seems silly to have to do that, but I don't have a better idea.   

[BZ Mom]

Hi everyone! I am a provincial nominee of the Province of Alberta under the H-1B visa category. I just received a notice to submit our (mine and my family) passports and pay the Right of Permanent Residence fee. We had our medical exam last Dec 2009, so we need to land in Canada before the expiry date of the visa/medical exam. We are presently residing in Virginia and are planning to go to Canada using our car as we plan to return to the US immediately after landing. Since Virginia is about 30+ hours to Alberta (either Calgary or Edmonton where we plan to settle), can we land in the US/Canada border near Buffalo NY? Will the border officials allow entry of our car?

Thanks so much.

[imigrate]

Hi everyone! I am a provincial nominee of the Province of Alberta under the H-1B visa category. I just received a notice to submit our (mine and my family) passports and pay the Right of Permanent Residence fee. We had our medical exam last Dec 2009, so we need to land in Canada before the expiry date of the visa/medical exam. We are presently residing in Virginia and are planning to go to Canada using our car as we plan to return to the US immediately after landing. Since Virginia is about 30+ hours to Alberta (either Calgary or Edmonton where we plan to settle), can we land in the US/Canada border near Buffalo NY? Will the border officials allow entry of our car?

Thanks so much.

Yes, you can complete landing formality in Buffalo, and move to Alberta later.
You can enter with your US car.

[BZ Mom]

Yes, you can complete landing formality in Buffalo, and move to Alberta later.
You can enter with your US car.

Thanks for your reply, imigrate! I appreciate it!

[jeby]

I just got the call that my visa is ready and will be issued soon.  It will expire when my medical does in October.  Is it possible to land and "activate" the visa and then return later with my family and goods after we settle our affairs?  Also I am living in the US with my wife who is my Canadian sponsor.  Would this time with her in the US after visa activation count as time towards the 2 years?  Finally, can I have my PR card sent to my US address?  If not, can I have it sent to my mother-in-laws house in Saskatchewan?

Thanks for your patience.
Giovanni
Proud Future Canadian

Dear MRDrM,

The reply provided by Starzibal is correct regarding Ist and 2nd questions. For the 3rd one, toby has offered correct answer. You can give Saskan address at the time of landing. It will take at least one month to get delivered. It will not be sent to outside Canada.

Jeby

[toby]

Hi Jeby:

This is an important issue:  does time spent with a Canadian sponsor abroad count toward the two-years quota to maintain permanent residency?

You say no, as does Starzibal.  Yet PMM (no slouch on Immigration matters) specifically confirmed to me that this time abroad DOES count toward the Residency quota.

(Not so for Citizenship, where one must actually be in Canada.)

So, I think we should verify with PMM once more, to be clear.

[jeby]

Dear Toby,

I agree, that as there is a confusion, we should consult with experts like qorax or rocky

Jeby

[shakira2009]

This is an important issue:  does time spent with a Canadian sponsor abroad count toward the two-years quota to maintain permanent residency?

The answer to this one is YES, as long as the Canadian you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age).

It is stated on the CIC website:
http://www.cic.gc.ca/english/information/applications/guides/5529E2.asp

[toby]

On this important question (does time spent abroad accompanying your Canadian spouse count toward your 730-day quota) , I consulted PMM again, and spent a delightful half-day pouring through the Immigration Act, and a few court cases that dealt with this issue. Thanks to all those who pointed me in the right direction.

The short answer is that yes, time spent abroad DOES count toward the quota -- PROVIDED THAT it is the spouse who "accompanies" the Canadian, and not vice-versa.  Much depends on the definition of "accompany", which means "be with" the other person. According to the court decisions, the Canadian cannot merely be abroad to be with the spouse (or else the court considered that it was the Canadian who was accompanying the PR, and so the days did not count.  If the Canadian has another good reason to be abroad, such as a job or enterprise, then the couple has a stronger case to say it is the PR who is accompanying the Canadian.

And (I surmise) it helps the case if the PR does not have a strong reason to be in that particular place  -- except to be with her Canadian spouse.

If all this seems a bit too complex for a border guard to judge on the spot, it probably is.  So the moral is to play it safe, try to amass the required 730 days IN CANADA (so there's no argument or doubt), and rely on the provision for time abroad ONLY if absilutely necessary.