Dual citizen moving back to Canada with US Citizen spouse

[nazirv]

Hello,
I am a dual citizen (US/CAN) and planning on moving back to Canada with my wife (US citizen only). We also have two kids (4 yrs old) who are dual citizens (born in the US). Our tentative move date is the summer of 2011 (about 18 mths away). My current employer has give me a choice of working from Canada, however, the relocation is at my own cost. Could you please tell me what is the best way to do this smoothly? Here are my initial specific questions:

1) Should we start her sponsorship application/process now or wait until we arrive in Canada?
2) Would she have a problem crossing the border with me?
3) If we start the process in the US or Canada, how long does it take?
4) Can you point me to the right forms to start the process?
5) Is it wise to buy our home in Canada prior to our move or wait until we arrive?
6) Are there other things we need to consider?

I just want to make sure I have everything covered and would like to plan ahead.

Thank you

 

[Leon]

1) As a citizen, you can start sponsorship from outside Canada but you would need to include some data to support that you will be moving to Canada when her wife gets her PR
2) If you arrive with all your stuff in a U-haul and she doesn't have PR yet, maybe.
3) If you apply outland, whether you start the application from the US or Canada, the average time to get PR is around 6 months. If you apply inland (could only be done after you arrive in Canada), it's 12-18 months.
4) http://www.cic.gc.ca/english/information/applications/fc.asp
5) If you buy your home before you arrive in Canada, you can use that as part of the proof that you will be moving to Canada when your wife gets PR (see 1)).
6) Since you have kids already and are married for a while you probably don't have to worry about sending too much data to prove your marriage but usually that would be the most important thing.

 

[nazirv]

What does "outland" and "inland" application mean? I assume outland means applying while we are in the USA? In that case, it would be best to wait until we purchase property in Canada before applying for her PR so we can provide proof that we are going to move to Canada? If applying outland, do we have to wait until she receives her PR to physically move to our new home in Canada....6 months?

Thanks

 

[Leon]

Outland means you ask for the file to be processed in the US. It doesn't mean you can't be in Canada while it's being processed. It's generally faster and less problematic. She can not officially move to Canada until she has PR. Until then she will be visiting.

It doesn't matter if you bring her with you with the intention of applying inland or whether you bring her with you with the intention of applying outland or whether you apply outland from the US and bring her with you while it's in process, she is still only visiting until she gets PR.

 

[nazirv]

Thanks for the explanation. So, Canada Immigration is OK with bringing my spouse into Canada as a visitor with her PR still in process? Even if I move all our stuff and buy a house with intention of staying in Canada? Just want to make sure she can stay in Canada throughout the entire process as a visitor. I would then apply "outland" so it is quicker (~6 mths)?

Is the process and costs for inland vs outland applications pretty much the same? Besides the waiting time, are there other considerations?

Thank you

 

[Leon]

The only downside to outland is that if she is called for an interview, she'd have to have it in the US. For the US, that's not a big problem but if she was from a country across the globe somewhere, then maybe you would prefer inland.

The downsides to inland is that if she is called for an interview, it could delay your application for 1-3 years where she would be stuck in limbo with no work permit and no health care. Also inland doesn't have appeal rights and also with inland, the person being sponsored is advised not to travel while it's being processed because if for any reason they are denied entry back to Canada, they lose the application because for inland, they must be living in Canada.

 

[nazirv]

It seems that outland would be the best way to go prior to us moving to Canada. If our move is not going to be for another 18 months, would it be ok to apply now? If she is granted PR status within 6 months, how much time do we have to move to Canada?

I also noticed in the application forms that there are only a few choices for interview locations in the US. We are located in Boston and it isn't one of the locations. The closest is NYC.

Thanks

 

[Leon]

Interview isn't always requested. After she gets the PR visa, it is usually valid a year from the time she did her medicals. She can go and land as a PR before the expiry of the visa but move later.

 

[Karlshammar]

There aren't a lot of choices, so you can go with NYC if it's closest to you.

I also noticed in the application forms that there are only a few choices for interview locations in the US. We are located in Boston and it isn't one of the locations. The closest is NYC.

 

[nazirv]

When you say land as a PR then move later do you mean she can enter Canada after getting her visa to get PR status then come back to the USA for say another 6+ months and move back to Canada with no issues?

Thanks

 

[Leon]

Yes, that's exactly what that means.

 

[nazirv]

Ok, thanks! So, there should be no issue applying right now. We are actually planning a visit during the summer to see family in Toronto, so maybe she will get her approval by then and as we cross the border together, she can enter as a PR? Should I anticipate a delay at the border with the rest of the family in the vehicle entering only as visitors?

 

[Leon]

Processing a PR landing is pretty fast. Give it a few minutes.

 

[nazirv]

Ok, we'll plan for a little delay at the border. I assume we should not encounter any issues if my spouse is entering as PR status since our intention is to only go for a visit for a week then return back to the USA? We can still start the clock on her official PR in Canada this way?

 

[Leon]

If she already has the PR visa in her passport when you go to Canada, then yes, she will officially land as a PR at that point. Not that it actually matters when she becomes PR. To be able to apply for citizenship, she needs to spend 3 years as a PR in Canada so becoming PR sooner but not living in Canada will not enable her to apply sooner.