Canadian Citizen husband working in the US. Can he sponsor me for a PR?

[leanajoe]

My husband (Candian citizen) is currently working in the US, but we plan for me to get a PR for Canada. We're planning to retire in Canada, but he plans to work in the US for a few more years (max. 5 years) to save enough money to be able to work remotely in Canada. I'm seeing that could be a problem because we need to prove that he'll live with me in Canada once I have PR.

We can get a place of residence under both our names so he can travel back and forth between US and Canada regularly, every weekend for example. He works in Seattle, so the commute is doable. Will that help our application? Any tips or people with similar experiences?

We have most of the requirements covered except for this one.

He's currently on a TN Visa in the US and I was going to get a TD Visa, but I got denied at the US Embassy where I'm from. We would have applied for a PR anyway, but we were hoping to do that once I was in the US so we can coordinate on the paperwork. Now it seems like the PR is our only way to be together, so we want to make sure that we have ourselves covered.

Any opinions would be appreciated!

 

[scylla]

My husband (Candian citizen) is currently working in the US, but we plan for me to get a PR for Canada. We're planning to retire in Canada, but he plans to work in the US for a few more years (max. 5 years) to save enough money to be able to work remotely in Canada. I'm seeing that could be a problem because we need to prove that he'll live with me in Canada once I have PR.

We can get a place of residence under both our names so he can travel back and forth between US and Canada regularly, every weekend for example. He works in Seattle, so the commute is doable. Will that help our application? Any tips or people with similar experiences?

We have most of the requirements covered except for this one.

He's currently on a TN Visa in the US and I was going to get a TD Visa, but I got denied at the US Embassy where I'm from. We would have applied for a PR anyway, but we were hoping to do that once I was in the US so we can coordinate on the paperwork. Now it seems like the PR is our only way to be together, so we want to make sure that we have ourselves covered.

Any opinions would be appreciated!

In order for the application to be approved, your husband must show that he plans to leave the US and move to Canada to live here once your PR visa has been approved. If he doesn't plan to return to Canada for another few years, then it may be quite difficult to get the application approved.

Recommend you move over to the Family Sponsorship section of the forum. That's the right place to be discussing questions such as yours.

 

[leanajoe]

Thanks for the advice. I'll definitely copy this over to that forum as well.

Just one question if you could help, would they consider it living or returning to Canada if he commutes there every week and only goes to the US to work on the weekdays? His work can have some flexibility as well.

He does have a few assets in Canada e.g. condo and bank accounts and shares in a Canadian company so maybe that will help our case as well.

 

[scylla]

Thanks for the advice. I'll definitely copy this over to that forum as well.

Just one question if you could help, would they consider it living or returning to Canada if he commutes there every week and only goes to the US to work on the weekdays? His work can have some flexibility as well.

He does have a few assets in Canada e.g. condo and bank accounts and shares in a Canadian company so maybe that will help our case as well.

Yes - if he started living out of Canada and commuting to the US for work on the weekdays - that could make a difference. He would want to clearly show that this is his primary residence. If you go this route, recommend that he make the move and then wait a few months before applying to sponsor you. Make sure he's aware that he will need to file both US and Canadian tax returns if he does this.

He will also need to look into the TN rules to make sure there are no issues doing this from a US work permit perspective.