My problem is a little more complicated. Immigrated to Canada when I was 12 lived there until 1998 then transferred (jobwise) to the US as a permanent resident. Now I collect Canada pension and US pension and work parttime. I would like to move back to Canada with my US citizen husband and still be able to work. I have family that is going to sponsor our move if needed. Question......Is my social security number still good in Canada? Do I still have residency options? I am still a British subject didn't become a Canadian. My family including all my children and brothers and mother all are still living in Canada. What are my options? I understand I need to apply for my husband but I was wondering what is needed for me if anything?
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British Subject/Lived in Canada 30 years/live in US want to move back to Canada
- Thread starter Cwizzy51
- Start date
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Your situation is complicated by the fact that you will need to sponsor your husband for PR in order for him to live in Canada.
Here's where things stand: Technically you are no longer entitled to your PR status since you have not met the residency requirement (living in Canada for 2 out of every 5 years). However given you are a UK passport holder, it's quite possible you can save your status by returning to Canada and living there for 2 years (to mee the residency requirement) before you apply to renew your PR card. If you have a SIN, it's still valid and you should be able to use it. Getting provincial health care coverage during this two year period may or may not be possible (you may have to purchase private insurance to cover yourself for emergencies and pay out of pocket for non-emergency care).
Here's the kicker - you won't be able to sponsor your husband for PR until you have lived in Canada for 2 years and meet the residency requirement. If you try to sponsor him earlier, CIC will initiate an investigation of your own status, find you don't meet the residency requirement, revoke your PR status (and tell you to leave Canada) and then refuse your husband's application. So you have to wait until you have met the residency requirement to sponsor him. He can try staying as a visitor in Canada for this two year period. Complications are that he won't have access to a SIN and won't be able to work without going through the foreign worker hiring process, he won't have access to provincial health care coverage and it's possible he may not be allowed to continue extending his visitor status to allow a two year stay.
So possible - but complicated.
Here's where things stand: Technically you are no longer entitled to your PR status since you have not met the residency requirement (living in Canada for 2 out of every 5 years). However given you are a UK passport holder, it's quite possible you can save your status by returning to Canada and living there for 2 years (to mee the residency requirement) before you apply to renew your PR card. If you have a SIN, it's still valid and you should be able to use it. Getting provincial health care coverage during this two year period may or may not be possible (you may have to purchase private insurance to cover yourself for emergencies and pay out of pocket for non-emergency care).
Here's the kicker - you won't be able to sponsor your husband for PR until you have lived in Canada for 2 years and meet the residency requirement. If you try to sponsor him earlier, CIC will initiate an investigation of your own status, find you don't meet the residency requirement, revoke your PR status (and tell you to leave Canada) and then refuse your husband's application. So you have to wait until you have met the residency requirement to sponsor him. He can try staying as a visitor in Canada for this two year period. Complications are that he won't have access to a SIN and won't be able to work without going through the foreign worker hiring process, he won't have access to provincial health care coverage and it's possible he may not be allowed to continue extending his visitor status to allow a two year stay.
So possible - but complicated.
Ok so you are saying I can return to Canada and because I have an active SIN I will be able to work there and apply for PR in two years? Is this correct? (I am collecting my Canada pension as well as my US pension)
My brother is actually going to sponsor us both if needed so my husband will be able to work upon sponsorship.
My brother is actually going to sponsor us both if needed so my husband will be able to work upon sponsorship.
Cwizzy51 said:Ok so you are saying I can return to Canada and because I have an active SIN I will be able to work there and apply for PR in two years? Is this correct? (I am collecting my Canada pension as well as my US pension)
My brother is actually going to sponsor us both if needed so my husband will be able to work upon sponsorship.
No - that's not what I'm saying at all. Unless you formally gave up your PR status - you are still a permanent resident. If you manage to return to Canada and remain there for two years, you will be able to renew your PR status (without applying for PR again from scratch). If you did in fact formally give up your PR status at some point, then you are not entitled to return to Canada as a permanent resident or work here. Note that when you return to Canada there is always some chance you could be reported at the border for failing to meet the residency requirement. If this happens you'll be called to a hearing to argue why you should be allowed to keep your PR status and should expect to lose your PR status (since you have been outside of Canada for so long) and will be told to leave Canada. However I think there is a very good chance you can return to Canada without being reported and can then remain in Canada for two years to then qualify to renew your PR card. Once again, sponsoring your husband is an entirely different matter. This won't be possible until two years have passed since you returned to Canada.
Your brother cannot sponsor either you or your husband. So this simply isn't an option.
Cwizzy51 said:Can my daughter do the sponsoring?
She may be able to provided she is an adult and working - but you're looking at many years of processing before you'll have PR (4+).
Is she your husband's daughter as well? If so, then she could just sponsor your husband. If not, then you will need to give up your PR status officially first - and then your daughter will have to sponsor you with your husband as a dependent in the application.
In order to qualify to sponsor you, your daughter must be making enough money from Canadian sources (i.e. from a job in Canada) to meet the low income cut off. She will calculate her LICO level by counting herself, her spouse (if she has one), her children (if she has any) - and then adding you and your husband. She must be making enough income to LICO for at least the three years proceeding the submission of the sponsorship application and will need to submit Canadian income tax returns to prove she meets the income requirement. Right now CIC is only accepting 5,000 application per year and that cap has been reached for this year. The earliest your daughter would be able to submit your application is January of next year when CIC reopens the cap. If she plan to try this, she should be aware that the cap was reached in a day and a half this year (my guess is the cap will be reached in a day or less next year). So your application must reach CIC the day the cap reopens next January to have any chance of being included in next year's batch. Once the application is submitted and accepted for processing, you're looking at a minimum of 4 years processing time.