Canadian wanting to return with US Spouse

[tingish]

Hi all,

I have a question in regards to the current situation at the US-Canadian border. I'm a Canadian citizen who has been living in NY for the past 5 years (on a US Greencard) - due to the political situation in the US, my husband and I would like to return to Canada ASAP. We have recently filed for PR for him as an outland application but we are realizing that it may take a while to process (12M+) and would like to leave earlier if possible. Is there any way around this? Would it be a matter of having me go first to set-up before having him join me? Ideally we would be able to leave together at the same time. I also have family in Toronto and would have a place of stay for when we are able to cross over.

Any help/advice will be greatly appreciated.

 

[armoured]

He can come for a visit and then extend. If he shows up clearly intending to stay forever (i.e. with all worldly possessions), possible he could be refused. It's fine if he's 'helping you settle in;' just emphasize he does need to return at some point in next six months. Assuming he is allowed in without problem, he can extend his visitor status.

Very important for you both to have quarantine plan. He would only be able to enter as your immediate familiy, so have those documents. The biggest constraint once in Canada is that he will not be able to get work permit until PR status completed. (Also health insurance, etc.)

There are other trheads that discuss this and you can get info from those.

 

[tingish]

Thank you so much for the quick response @armoured! Assuming we will be let in without a problem - is it difficult to extend the visitor status (is there a max allowable period)? Also does this mean we need to keep our NY apartment as not to cancel the status of our PR application?

I'm also going to try and find other threads that cover this. V grateful for the help.

 

[armoured]

Thank you so much for the quick response @armoured! Assuming we will be let in without a problem - is it difficult to extend the visitor status (is there a max allowable period)? Also does this mean we need to keep our NY apartment as not to cancel the status of our PR application?

I'm also going to try and find other threads that cover this. V grateful for the help.

My understanding is that it is not difficult to extend but I've never had to do. I believe having a PR application pending is a valid reason to do so. But since that's six months away, you'll have time to look into it. One warning, my understanding is that (as with everything) you need to do it some period of time in advance, like 30 days or so.

No, there's no official requirement to keep your apartment. You can update his address to Canadian one when you're in Canada, even if it's temporary. Right now they even seem to be doing the 'landing' process for those already in Canada virtually, or at least no need to physically cross the border and come back (or appear in front of an officer). Who knows whether that will still be the case by the time your file is processed, though.

I'll leave to you the exercise of how to credibly present his intention to return to USA upon expiration at reasonable cost. Work or family obligations may be more convincing than having an apartment (if that's what you were thinking). For people from nearby in USA usually not that hard to convince they have reasons to return, i.e. that it's a visit even if long-term intention is to immigrate. YMMV of course.