Bringing spouse to Canada- complicated. Please help!

[wanderlust24]

Here's my situation:

I am a Canadian Citz. b/c of my mother, but I am also a U.S. Citz. and have never actually lived in Canada. I currently live in the U.S. with my husband (Brazilian) and we have applied just applied to adjust his immigration status in the U.S. and applied for his permanent residence status in the U.S. Now, we should receive his green card in about 12 months, however, after we receive that I would like to move to Canada temporarily so that I can earn a master's degree. Of course I want to bring him with me and also I want him to be able to work there, but I am unsure what is the best way to go about it. I don't really want to apply for permanent residence status for him because he will have permanent resident status in the U.S., and I don't want that to be affected. But, I don't know of another way for him to be able to come with me and work unless he finds a company to give him a job offer. Is it possible for him to get an unrestricted work permit or something similar for the 2 years that I am in Canada? My second question: I was planning on applying outside of Canada (while we are in the U.S.) for his permit/visa, but would it be faster or better to apply inside Canada? I think I read somewhere that he wouldn't be able to leave Canada while his PR application is in progress (another reason I don't want to apply) does that go the same for any other application for visa or permit? If anyone could give me some suggestions, I would greatly appreciate it, since the Canadian Embassy here doesn't answer the phone nor allow you to make appointments.

Thank you!!

 

[Leon]

You do know that going away to Canada for a couple of years to do a masters degree could easily lose him his US green card? Officially he can be gone from the US for up to a year but they can take his green card away at any time if they believe he is not living in the US anymore, even if he goes back regularly.

The funny thing with the work permit and all that is that if you were not a Canadian citizen and came to Canada as a student on a student visa, you would be able to apply for an unrestricted work permit for him. Since you are a citizen, an open work permit is not on the table. He could stay with you on a visit visa and not work or he could try to get his own work permit which is not easy right now with the economy or you can sponsor him for Canadian PR. Those are your options. He might even be denied a work permit since he's married to a Canadian and they might just tell you to sponsor him.

If you start sponsorship from the US, you have to prove that you are planning to move to Canada when he gets PR. That will be easy for you because you can show that you are accepted to a university. If you start sponsorship after you are in Canada, you can still ask for the application to be processed in the US which would be faster and he could still travel.

 

[RobsLuv]

I agree with Leon - I think your biggest hurdle is that, by leaving the US, he risks losing his green card.

 

[wanderlust24]

Thank you guys for your reply! Not the answer I was hoping for, but definitely cleared things up.