Considering a move to Canada

[bubsy]

Hello,

I am sure these questions are answered probably even here, but since I am just dipping a in toe it's all very overwhelming. My husband and I have been married ten years. He is a Canadian citizen and I am the US citizen. We are both probably getting laid off this year and with the death of my father last year, there really aren't any ties here anymore, other than the house we own. There are job opportunities here or really elsewhere in the States, but it seems only fair that we've been here ten years near my family, that we look into moving near his family given that we could go anywhere.

We went through the whole spousal Visa for him to live in the States 11 years ago. I am sure much has changed, I'd be immigrating in the opposite direction and I really don't remember all that much truthfully. I did all the paperwork myself, we were approved easily and quickly.

My very first question is does he need to be currently living in Canada for me to apply for the spousal visa? I read the CIC website and it didn't seem obvious to me. I know I don't need to be in Canada. I know I had to be here and he had to be in his COO when he immigrated to the states.

There is also a chance I could or would have job offers, so going the work visa route could be an option. I have a lot of business contacts all over Canada.

Thnks!
Megan

 

[bubsy]

I already found my answer! I can apply while we are living in the states as long as we can demonstrate that we will live in Canada.
The CIC website is so much better than US site ever was.

Any other advice is always appreciated!

 

[OhCanadiana]

Hello,

I am sure these questions are answered probably even here, but since I am just dipping a in toe it's all very overwhelming. My husband and I have been married ten years. He is a Canadian citizen and I am the US citizen. We are both probably getting laid off this year and with the death of my father last year, there really aren't any ties here anymore, other than the house we own. There are job opportunities here or really elsewhere in the States, but it seems only fair that we've been here ten years near my family, that we look into moving near his family given that we could go anywhere.

We went through the whole spousal Visa for him to live in the States 11 years ago. I am sure much has changed, I'd be immigrating in the opposite direction and I really don't remember all that much truthfully. I did all the paperwork myself, we were approved easily and quickly.

My very first question is does he need to be currently living in Canada for me to apply for the spousal visa? I read the CIC website and it didn't seem obvious to me. I know I don't need to be in Canada. I know I had to be here and he had to be in his COO when he immigrated to the states.

There is also a chance I could or would have job offers, so going the work visa route could be an option. I have a lot of business contacts all over Canada.

Thnks!
Megan

Hello, and welcome Megan

As a Canadian citizen he can sponsor you even if he is living in the US as long as he can show he intends to move to Canada one you have your PR card. So,you guys wouldn't be looking at a separation if you are willing to wait out the process in the US.

It is a two step-process. If you decide to apply outland (likely fastest approach for you), then the first step would take about 90 days. Recently, they've been approving 80% of US oultand applicants within 8 months (some much faster, though). However, the visa office just changed from Buffalo to CPC-O in Ottawa so we're not exactly sure what impact that will have. You can check the timing on CIC's website. The applications and instructions are available here

What profession are you in? One option for you to move faster would be through a NAFTA TN work visa. For certain professions you can show up at the border with a job offer and get the work visa at the border. So you could do that and wait out the process while you are both living (and working) in Canada.

One other thought, for now: if you have children and haven't gotten them their Canadian certificate of citizenship and passport yet, start that soon. Recently folks have been getting the certificate in about 3 months but it used to take a year so it's best to kick that off soon.

Good luck!

 

[bubsy]

Thanks for the reply!

It seems like a relatively "easy" process, easier than when we did it for him to move here, but we were young and impatient back then

 

[crna80]

@ bubsy,
my husband and I are similar. He is Canadian and I am American and we have been married and living in the US for 20 years. In 2000 we bought a cottage in Canada and we have been visiting annually for a few months each year. We have also decided to make the resident move to Canada. You are lucky you have found this forum ahead of time. There is a lot of helpful information. I foundout on here about the outland which is what I've done as then you are able to go back and forth between countries.
With the inland you must be in Canada and remain in Canada until you get your PR. But you as the American cannot work until you get the PR. The other thing I have learned is the difference in exemptions between a former Canadian resident (husband) and an immigrant(you). you get to impoort things, even vehicles tax free, one time , anything listed on the B4. Your husband would be limited to $10,000 and have to pay duty on any item with a value greater than that. I have been told that even if both names are on the titles, as long as mine is there and I am at the border for the import, the items would get my exemption. This would mostly be vehicles, boats, motorhomes, etc.
With being married so long it was hard to find phone calls, emails etc to send in. I used the Christmas letters I wrote every year as evidence of our relationship. It pretty much tells everything we did every year and I supported them with some pictures. I was hoping because the Us had already determined our relationship to be genuine 20 years ago, that they might not need the piles of evidence that others have submitted. We;ll see as I only sent my in May. I will certainly find out. Any way, if I can be of anyhelp please feel free to contact me. And if any of the longtime people see anything that I have written that is incorrect, please advise me of that as well. good luck

 

[OhCanadiana]

@ bubsy,
my husband and I are similar. He is Canadian and I am American and we have been married and living in the US for 20 years. In 2000 we bought a cottage in Canada and we have been visiting annually for a few months each year. We have also decided to make the resident move to Canada. You are lucky you have found this forum ahead of time. There is a lot of helpful information. I foundout on here about the outland which is what I've done as then you are able to go back and forth between countries.
With the inland you must be in Canada and remain in Canada until you get your PR. But you as the American cannot work until you get the PR. The other thing I have learned is the difference in exemptions between a former Canadian resident (husband) and an immigrant(you). you get to impoort things, even vehicles tax free, one time , anything listed on the B4. Your husband would be limited to $10,000 and have to pay duty on any item with a value greater than that. I have been told that even if both names are on the titles, as long as mine is there and I am at the border for the import, the items would get my exemption. This would mostly be vehicles, boats, motorhomes, etc.
With being married so long it was hard to find phone calls, emails etc to send in. I used the Christmas letters I wrote every year as evidence of our relationship. It pretty much tells everything we did every year and I supported them with some pictures. I was hoping because the Us had already determined our relationship to be genuine 20 years ago, that they might not need the piles of evidence that others have submitted. We;ll see as I only sent my in May. I will certainly find out. Any way, if I can be of anyhelp please feel free to contact me. And if any of the longtime people see anything that I have written that is incorrect, please advise me of that as well. good luck

You got it right. Just to clarify because I think someone not as familiar may misinterpret what you meant, a returning Canadian resident has a duty and tax exemption for items up to 10k - so the 10k is per item, not total. However, the settler has no such limit. Make sure you submit the B4/B4A as soon as you return with the intent of living in Canada or when your spouse lands (you don't need to have the items with you at that time ... they can be 'goods to follow').

Also, it sounds like neither of you are in this situation, but if you've been out of Canada less than 5 years, you must have owned, used, and possessed the items more than 6 months.

 

[bubsy]

CRNA80 - It's funny you posted about having a hard time with the proof of a relationship - My husband and I were just talking about that!

I had printed out the questionnaire and it asked so many questions about the actual marriage and proof, I was like really?! But I remember putting it all together, and I get why they need it. It's just harder to provide that info at this point than it was when he moved here. I can't think of that last time we took a picture together, and we rarely email each other, except for dumb stuff once in a blue moon. I don't have the phone records like when he came here. We talk in person!

We do have rental agreements, home mortgages, bills and the like, but it's like we've been married a fairly long time, who thinks about ever having to prove a relationship at this point?

Thanks for the import information - that is super important for cars! Luckily our cars are in both our names.

 

[OhCanadiana]

I had printed out the questionnaire and it asked so many questions about the actual marriage and proof, I was like really?! But I remember putting it all together, and I get why they need it. It's just harder to provide that info at this point than it was when he moved here. I can't think of that last time we took a picture together, and we rarely email each other, except for dumb stuff once in a blue moon. I don't have the phone records like when he came here. We talk in person!

We do have rental agreements, home mortgages, bills and the like, but it's like we've been married a fairly long time, who thinks about ever having to prove a relationship at this point?

Don't focus too much on what others have shown. In contrast to folks who very recently got married or who have been in a common law relationship for a year you can show less recent proof and focus on bits and pieces over time that you may still have. While you'll see lots of photos of huge boxes there are also folks who have reported sending in everything in a plain manila envelope - it's a personal process.

One thing you may want to consider submitting is any proof you have that you sponsored your husband to the US successfully

Thanks for the import information - that is super important for cars! Luckily our cars are in both our names.

While it's still early in the process, the following mayhelp with your planning:


Importing goods duty free
How to import your goods duty free as a settler (or returning Canadian): The B4/B4A story. You'll need a B4 and likely at least one B4A form and one or more B4A forms.
Detailed instructions on the B4/B4A from CBSA are at BSF5113 and at BSF5087 .

Importing your vehicle – step by step guide
Process to importing your car
Items to consider as you decide when to import your car

 

[bubsy]

Thanks so much for the info! i am saving it.

Another question that I figure you all will know off hand - If I am approved for PR status is there a time period given to land? Like do I have to move to Canada within 3 months or something (that's what it was for the US immigration.)

Thanks!

 

[parker24]

Thanks so much for the info! i am saving it.

Another question that I figure you all will know off hand - If I am approved for PR status is there a time period given to land? Like do I have to move to Canada within 3 months or something (that's what it was for the US immigration.)

Thanks!

Yes, they will give you a date you have to land by. Usually it's a month, or a year since your medical was done (Which might have changed)

 

[OhCanadiana]

Thanks so much for the info! i am saving it.

Another question that I figure you all will know off hand - If I am approved for PR status is there a time period given to land? Like do I have to move to Canada within 3 months or something (that's what it was for the US immigration.)

Thanks!

The immigration visa usually expires based in the earlier of:
- the expiration of your medical exam (one year, although it can be extended if it's the only thing holding up your application and you completed your medical within the last 15 months; otherwise, you'll need to do another one which will expire one year from the date the exam was performed)
- your passport expiration date

Since CIC urges you not to wrap up any affairs until you have the approved documents in hand, if timing is tight you can land and then go back to wrap up your affairs before moving. In contrast to the US, where once you are a PR for immigration you are a PR for everything (or you lose your status), in Canada you could be a PR for immigration but not yet for customs purposes, fiscal reasons, medical coverage, etc until either some triggers are met (e.g., fiscal purposes) or until you intend to live in Canada for 12 months (e.g. Customs). So, you could go, land and then return once you've sold your house, quit your jobs, etc. without too much disruption.