Does permanent resident status for spouse expire if I stay in US?

[kevinabriand]

I'm working in the US on a green card and want to move back to Canada at some point, but preferably not until I have some work options lined up there. If I submit a permanent resident application for my spouse and it is approved, do I/we need to move to Canada within any timeframe? Would her status expire if I decided to remain in my current job for now?

 

[CDNPR2014]

if you are applying for PR for your wife, then in order for her to officially become a PR, she will need to "land" in canada. there will be an expiration date on her approval paper by which she needs to land by. This means, she needs to go to canada and go through a small landing procedure to officially gain PR status. IF she doesn't land by the expiration date, then she does not officially become a pr and will need to apply again.

Also, note in your application to sponsor her, CIC will want to see a plan for resettlement in canada. if they are not convinced you will settle immediately after approval, there is a risk of rejection. be careful about specifying timelines for resettlement in canada. it's better to use language like "upon approval..."

If you don't intend to move back within a year or so, then it's probably best to wait to apply until you are ready, especially if your wife is a US Citizen - US applications are getting approved in 4-6 months.

Tehcnically, PR status does not expire. There is a residency obligation PRs must comply with in order to maintain status. if CIC finds out the PR is not maintaining residency obligations, then they can start the process of revoking pr. more than likely, this does not become an issue until 5 years after landing.

 

[mpottier]

If you are applying out land in the USA, they will give you a visa that requires you to enter Canada within a specific time frame (usually a few month) so your spouse can get the official PR. If later you decided to move back or stay in the US, your spouse's PR would not be voided as long as they are living with you, the Canadian citizen. In essence you would be a little island of Canada that would maintain your spouse's residency. If your spouse moved somewhere else without you, then the clock would start ticking and they would have to maintain the required amount of days in Canada every 5 years. I am thinking of doing this exact same thing, but don't forget you have to show some evidence that you will return to Canada in your application such as a job offer or apartment rental, letter from family, etc etc.

 

[CDNPR2014]

job offer or apartment rental, letter from family, etc etc.

to clarify, a job offer or apartment rental are not required documents for proving intentions to resettle in canada. for the most part, a brief outline and information about research done on jobs, industries, housing, locations is enough. letters of support from family in canada are definitely recommended, and tend to go a long way. CIC understands things can not be set in stone before moving, so they are not looking for concrete agreements. they are looking for a plan that makes sense.