Withdrawing application(outland) and possibly reapplying later.

[Bebe1214]

Hi!

So here's the situation. My husband (who's the sponsor and a Canadian citizen) and I are 5 months into the sponsorship process. Married less than 2 yrs at time of application, no kids.
We did not know about the conditional pr thing until several months after sending in the application. Both of us are physicians( from the same country). I am currently here in Canada on a TRV.
It is super hard for foreign trained physicians to get licensed in the Canadian health care system. I can't apply yet since I'm not a PR but my husband has been applying for 3 years to be able to practise and no luck.
Anyway, we've been working on our US exams to get licensed there which should hopefully happen next year. If I get my PR early next year (based on my VO), I won't be able to leave and work in the US for 3-4 years on a conditional pr. Should we withdraw our application? Reapply after I'm done with training in US?
My main point in posting this whole thing here is.. will it affect our future application if we withdraw now?
I'm sorry about the super long post. I hope I explained it clearly.
Thank you

 

[profiler]

Hi!

So here's the situation. My husband (who's the sponsor and a Canadian citizen) and I are 5 months into the sponsorship process. Married less than 2 yrs at time of application, no kids.
We did not know about the conditional pr thing until several months after sending in the application. Both of us are physicians( from the same country). I am currently here in Canada on a TRV.
It is super hard for foreign trained physicians to get licensed in the Canadian health care system. I can't apply yet since I'm not a PR but my husband has been applying for 3 years to be able to practise and no luck.
Anyway, we've been working on our US exams to get licensed there which should hopefully happen next year. If I get my PR early next year (based on my VO), I won't be able to leave and work in the US for 3-4 years on a conditional pr. Should we withdraw our application? Reapply after I'm done with training in US?
My main point in posting this whole thing here is.. will it affect our future application if we withdraw now?
I'm sorry about the super long post. I hope I explained it clearly.
Thank you

Withdrawing shouldn't pose any risk to any future applications.

That said, the Conditional PR only means you and he have to reside together for 2 years -- it doesn't say where. That, and they generally don't check into it. There is talk about removing the condition, as they did only add it to the process in 2012.

Now, if you did reside together outside of Canada, you must be aware that there is Residency Obligations (RO) to maintain your PR. If memory serves, it's two years of every 5.

Which stream did you apply through, if I could ask?

 

[profiler]

Here is a link to the actual law-bits for this: http://laws.justice.gc.ca/eng/regulations/SOR-2002-227/page-14.html#h-35

 

[Bebe1214]

Thank you for replying!
So my husband is sponsoring me.. family class.
And the thing is, we're not entirely sure if my husband will actually be leaving with me. Since he's been trying to apply to get licensed here in Canada, he might not move to the US to train if he somehow finds good work here. I on the other hand am done with most of my training requirements for the Us so I might be leaving. I know Im probably making this a bigger deal than it is but I want to be sure we are making the right decision by applying at this point.

 

[Bebe1214]

Thank you for the link!

 

[Bebe1214]

One more question, if we do withdraw , how should we explain it.. we don't want them to think our relationship.is breaking down or something.
I've been trying to find people here who've done this in the past, withdrawn an app and reapplied but I can't seem to find any

 

[profiler]

Thank you for replying!
So my husband is sponsoring me.. family class.
And the thing is, we're not entirely sure if my husband will actually be leaving with me. Since he's been trying to apply to get licensed here in Canada, he might not move to the US to train if he somehow finds good work here. I on the other hand am done with most of my training requirements for the Us so I might be leaving. I know Im probably making this a bigger deal than it is but I want to be sure we are making the right decision by applying at this point.

Did you apply inland or outland?

Which province did you have trouble getting licensed by? Sooo many questions now haha..

The problem potentially is if you are living separately, you may have trouble producing evidence in the follow-up application.

 

[profiler]

One more question, if we do withdraw , how should we explain it.. we don't want them to think our relationship.is breaking down or something.

I have not experienced this personally. But I would think a Case Specific Enquiry (see: https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx) followed up by a signed letter stating that you and your sponsor (should also sign) have decided to withdraw at this time. You may re-apply in the future.

I wouldn't add any more to it.

 

[canadianwoman]

You can withdraw with the explanation that you (the applicant) have changed your plans and now want to live in the USA for a few years. Reapplying later should be fine - you would just have to explain that you are now ready to live in Canada.

You could keep on with this application. CIC expects new PRs to live in Canada, and if they find out that you do not plan to, that is enough for them to deny the application. However, if, after you become a PR, you decide to go elsewhere for work, that is fine. CIC knows plans can change. Since your husband is a Canadian citizen, if you and he lived together in the USA, that would be enough to fulfill the 2-year conditions on your PR. In addition, if a Canadian PR lives with a Canadian citizen spouse or partner outside of Canada, time spent living with the Canadian abroad counts as time spent living in Canada for your residency obligation to maintain your PR status.

However, if you want to live in the USA while your husband stays in Canada, you will be breaking the conditions on your conditional PR. It would be better then to withdraw the current application and reapply when you want to move back to Canada.

 

[Bebe1214]

So getting licensed has to do with individual hospital programs that are run by a central body.. pretty much every province my husbamd has tried, it's been hard.
We're applying outland. And yes that's what's bothering me at the moment. He definitely can't leave canada and move back to our original country with me while we're unemployed and waiting to move to the US.
Now I have another question will this look bad for my Us work visa?

 

[Bebe1214]

Thank you Canadianwoman and profiler

 

[profiler]

So getting licensed has to do with individual hospital programs that are run by a central body.. pretty much every province my husbamd has tried, it's been hard.

I see a few doctors regularly that are foreign trained. It must depend on specialization I guess? I can only speak to my vague understanding of Ontario's licensing body, CPSO. Obviously a stupid question, but have you seen this page? http://www.ontarioimmigration.ca/en/working/OI_HOW_WORK_PHYSICIAN.html . I do know they were publicising that they have been pushing for more doctors...

Now I have another question will this look bad for my Us work visa?

Can't help you here, sorry!

 

[Bebe1214]

Yes they do want more doctors and yet its difficult to get in.
My husband whos basically lived here his entire life( graduated from a medical school from another country) is finding it hard to get in...
I know a lot of foreign medical grads working in Canada too but most them are from early 2000s.. when apparently is was easier. Most Canadians who are foreign medical grads now prefer to train in the US and return to Canada later.
thanks for the link

 

[profiler]

thanks for the link

Don't mention it...

Yes they do want more doctors and yet its difficult to get in.
My husband whos basically lived here his entire life( graduated from a medical school from another country) is finding it hard to get in...

That's frustrating...

Well, best of luck!

 

[Bebe1214]

This question is related to the whole withdrawing thing.

After I've withdrawn my application, can I still visit my husband on my trv whivh will be valid for another year?

Do I have to specifically mention at the border that we've withdrawn our application for now?

Thank you