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Author Topic: Spouse of canadian citizen wants to study in US  (Read 275 times)
Bostonian
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« on: August 24, 2009, 11:39:34 am »

I hope someone can throw light on my issues.

Some background on my case.....My wife is a Canadian citizen and working full-time in the US. I am an Indian national working on an H1-B visa. Our son (2 months old) is a US citizen by birth. I was planning on applying for my canadian PR. However, before we decide to finally move I was planning to enroll and complete my 2 year full time MBA degree in the US. Here are my questions:

- Lets assume that I have my PR in hand. Now, if my wife and son decide to stay with me in the US for the 2 years while I am completing my MBA do I lose my PR status?
- On the other hand if my wife and son decide to ahead and move back to Canada while I am completing my 2 year MBA in the US do I lose my canadian PR? I will keep visiting them intermittently for a few days within those 2 years.
- I have applied for a canadian proof of citizenship certificate for my son which will take about 10-12 months to process. In the meantime can he stay in canada (on a US passport) for over 3 months? I vaguely recollect reading somewhere that one needs a visa to stay for long term. I was wondering if that applies to a minor as well.

Any advice will be helpful. Thanks in advance!
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Leon
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« Reply #1 on: August 24, 2009, 04:38:35 pm »

Your son can stay up to 6 months in Canada on his US passport but what you can do is contact the Canadian embassy in the US and get him a temporary Canadian passport.

You can be outside Canada up to 3 years in any 5 year period and still keep your PR.  Furthermore, days spent outside Canada with your Canadian citizen spouse do not count so if you stay with your wife, you keep your PR forever.  If she goes to live in Canada and you stay in the US, you have total 3 years, 1095 days before you lose your PR.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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