US citizen moving to Canada through spousal sponsorship

[joannagat]

Hello there! I am a US citizen and just moved here in Canada in July 4, 2023. My husband and I recently got married here in Alberta in July 30, 2023. I am currently finishing up with my permanent residence application through spousal sponsorship.
My questions are:

1. Do I have to go back to the U.S. within 6 months even if I finished my PR application on time (within the 6 months time frame)?
2. What happens if I don't go back?
3. Can I come back right away here in Canada if I needed to go back to US within 6 months? (My daughter is with me and she now goes to school here in Alberta as a 2nd grader)
4. How can I get a status here in Canada if I came here as a visitor?

Thanks in Advance!!

 

[armoured]

Hello there! I am a US citizen and just moved here in Canada in July 4, 2023. My husband and I recently got married here in Alberta in July 30, 2023. I am currently finishing up with my permanent residence application through spousal sponsorship.
My questions are:

1. Do I have to go back to the U.S. within 6 months even if I finished my PR application on time (within the 6 months time frame)?
\
4. How can I get a status here in Canada if I came here as a visitor?

You can apply to extend your visit. Do it before the six months from your date of arrival (I'd do it right after you applyfor the PR, if you do it soon).

These are routinely approved for those with pending spousal sponsorships. Make sure to apply for your child as well.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

 

[Ponga]

1. No, but submitting a spousal sponsorship application, in and of itself, does nothing to extend your current visitor status. You can simply apply to extend your current visitor status right before your current status expires and will be covered under Maintained Status (formerly known as Implied Status) until a decision is made.
2. Nothing as long as you follow #1, or if you submit an Inland application, you could [in theory] do nothing since you would be covered under the Public Policy that waives the requirement of having legal status, but that is really NOT your best option. See #1, again.
3. Yes, but each time you seek re-entry into Canada the CBSA will assess you and determine whether or not you are allowed to enter. Having an active spousal sponsorship application raises the question of Dual Intent, but don't worry too much about that; people do this all the time. Some are refused but IMHO most are not, as long as they are not deemed to be inadmissible.
4. Once your PR has been approved and you `land' as a PR, you will have legal status. If you are eligible for the spousal work permit that spousal sponsorship applicants can benefit from, you could have legal status sooner.

Good luck!

 

[joannagat]

You can apply to extend your visit. Do it before the six months from your date of arrival (I'd do it right after you applyfor the PR, if you do it soon).

These are routinely approved for those with pending spousal sponsorships. Make sure to apply for your child as well.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

Thank you so much for your response! Assuming I do not finish on time (because of missing documents), will I and my daughter need to go back to the U.S?

 

[joannagat]

1. No, but submitting a spousal sponsorship application, in and of itself, does nothing to extend your current visitor status. You can simply apply to extend your current visitor status right before your current status expires and will be covered under Maintained Status (formerly known as Implied Status) until a decision is made.
2. Nothing as long as you follow #1, or if you submit an Inland application, you could [in theory] do nothing since you would be covered under the Public Policy that waives the requirement of having legal status, but that is really NOT your best option. See #1, again.
3. Yes, but each time you seek re-entry into Canada the CBSA will assess you and determine whether or not you are allowed to enter. Having an active spousal sponsorship application raises the question of Dual Intent, but don't worry too much about that; people do this all the time. Some are refused but IMHO most are not, as long as they are not deemed to be inadmissible.
4. Once your PR has been approved and you `land' as a PR, you will have legal status. If you are eligible for the spousal work permit that spousal sponsorship applicants can benefit from, you could have legal status sooner.

Good luck!

Hello! Thank you so much for your detailed response and for wishing me luck!

Assuming I do not finish on time (because of missing documents), will I and my daughter need to go back to the U.S?

 

[armoured]

Hello! Thank you so much for your detailed response and for wishing me luck!

Assuming I do not finish on time (because of missing documents), will I and my daughter need to go back to the U.S?

You can still apply before you have your spousal sponsorship ready, but you'll need to indicate you plan to submit it soon. Then don't tarry.

[What documents are so hard to get? You're married, you live together, shouldn't be a complicated application. Anyway, none of my business.]

 

[canuck78]

Hello there! I am a US citizen and just moved here in Canada in July 4, 2023. My husband and I recently got married here in Alberta in July 30, 2023. I am currently finishing up with my permanent residence application through spousal sponsorship.
My questions are:

1. Do I have to go back to the U.S. within 6 months even if I finished my PR application on time (within the 6 months time frame)?
2. What happens if I don't go back?
3. Can I come back right away here in Canada if I needed to go back to US within 6 months? (My daughter is with me and she now goes to school here in Alberta as a 2nd grader)
4. How can I get a status here in Canada if I came here as a visitor?

Thanks in Advance!!

Once you get AOR from the sponsorship application you can apply for an OWP then you have status in Canada and not need to extend your visitor record. Having read your previous posts your husband is your daughter’s stepdad. Was her father Canadian? If her father isn’t Canadian she should require a study permit to attend school in Canada. Also depending on the school board and whether it’s a sanctuary school board she would have to pay fees as an international student. Did her immigration information and the status of her biological parents come up during registration? Did you specify that her stepdad is Canadian not her father and that she was a visitor. There was a very similar case to this from Alberta last school year where after the fact the girl was asked to get a study permit and then had to leave until she received PR because she couldn’t pay fees as an international student.