American Married to Canadian with Immigration Questions

[clsmith]

Hello,


I am so glad to have found this forum to help make sense of the immigration process to get into Canada.

My husband (Canadian born Citizen) and I (American born Citizen) live in the US. We have been married for 18 years and have two teenage children. We would like to move to Canada for a variety of reasons but mainly to be closer to family. Also, we would like to be in Canada before the end of this summer, at the latest, so that our younger child can be matriculated in high school right from the beginning.

I would really appreciate having some things confirmed as well as some questions answered about the process for myself and our children from others in this forum who are more knowledgeable and/or have gone through this before:

• From reading here, it is my understanding that it is better, time-wise, to begin the PR application process while we are still living in the US. I've seen this referred to as Outland. Is this correct?

• Because my husband was born in Canada, then our children are considered citizens too, right? We will need to do apply for their Certificates of Citizenship to make it official, yes? If this is correct, can someone tell me how long this process takes?

• If my husband secures employment before my application is accepted (positive thinking), am I able to move with him and our children to Canada and wait out there (I understand I will not be able to work) or will I have to wait it out in the US until the application comes through? Naturally, we would like to stay together as we are a very tight-knit family. But, considering our situation and our moving timeline, would it be better to let my husband and children go ahead of me while I wait for my PR status?

That is it from me. I'm sure I will have more questions as I delve deeper into this process. Thank you in advance to anyone who is able to shed any light on our particular situation.

Have a great day!

 

[KBH]

1) Yes, outland applications for US citizens are currently being processed in about 6-8 months, so it is advantageous to apply outland.

2) Yes, if your husband is a Canadian citizen by birth, then your children are Canadian citizens as well. If they do not have Canadian birth certificates, you should apply for their certificates of citizenship, as you will need to include those in your application to show your children do not need to be sponsored, as well as so you can get them their Canadian passports. I am not sure how long that takes.

3) Yes - you will want to get your children their Canadian passports before you do this to make it easy for them to move to Canada whenever you want. When you guys move, you yourself wouldn't be "moving" but rather visiting. You shouldn't have any issues with this as long as you can convince the border officer you are prepared to leave after 6 months if your application is not approved by then.

 

[clsmith]

1) Yes, outland applications for US citizens are currently being processed in about 6-8 months, so it is advantageous to apply outland.

2) Yes, if your husband is a Canadian citizen by birth, then your children are Canadian citizens as well. If they do not have Canadian birth certificates, you should apply for their certificates of citizenship, as you will need to include those in your application to show your children do not need to be sponsored, as well as so you can get them their Canadian passports. I am not sure how long that takes.

3) Yes - you will want to get your children their Canadian passports before you do this to make it easy for them to move to Canada whenever you want. When you guys move, you yourself wouldn't be "moving" but rather visiting. You shouldn't have any issues with this as long as you can convince the border officer you are prepared to leave after 6 months if your application is not approved by then.

Thanks for your reply!

Re Question #3:

• I have my family who live in the US (parents, grandparent, aunts, cousins). Is coming back to stay with them (for a week or so every 5-6 months) enough proof, along with a return flight to show ties to my parent country as I travel back and forth to Canada (if this is ultimately what will need to happen) while my PR application is being processed?
• So my children will need to have their Canadian passports before the move? Their Certificate of Citizenship won't be enough to allow the move cross the border and then get their passports when we're there?

 

[canuck_in_uk]

Thanks for your reply!

Re Question #3:

• I have my family who live in the US (parents, grandparent, aunts, cousins). Is coming back to stay with them (for a week or so every 5-6 months) enough proof, along with a return flight to show ties to my parent country as I travel back and forth to Canada (if this is ultimately what will need to happen) while my PR application is being processed?
• So my children will need to have their Canadian passports before the move? Their Certificate of Citizenship won't be enough to allow the move cross the border and then get their passports when we're there?

You don't really need to worry about proof of ties to the US, given you would be travelling with your Canadian spouse and Canadian kids and have a sponsorship app on process. CBSA is very lenient in this situation.

Your children do not require Canadian passports but they do need their Certificates of Citizenship. I believe the processing times can be up to 6 months, so get them in ASAP.