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Live in Canada, Work in USA, Sponsorship Eligibility

RocketCity

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Mar 15, 2013
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Hi all,

I have a hypothetical scenario. Say I'm living in Windsor and working Detroit, would I be able to sponsor a spouse? I know that when you are applying to sponsor someone you should not leave Canada other than perhaps short vacations. If you are working in Detroit, you are leaving the Canada everyday. Would this have any effect on your ability to sponsor someone?

Edit: I just got my US PR but I would like to live in Canada long term (also a Canadian PR since May 2015).

Thanks,
RocketCity
 

Gary_87

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Jan 10, 2013
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Victoria, BC
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RocketCity said:
Hi all,

I have a hypothetical scenario. Say I'm living in Windsor and working Detroit, would I be able to sponsor a spouse? I know that when you are applying to sponsor someone you should not leave Canada other than perhaps short vacations. If you are working in Detroit, you are leaving the Canada everyday. Would this have any effect on your ability to sponsor someone?

Edit: I just got my US PR but I would like to live in Canada long term (also a Canadian PR since May 2015).

Thanks,
RocketCity
So long as youre a canadian citizen you can sponsor someone from anywhere so long as you show intent to return.

If youre a pr you need to be resident in canada to sponsor.
 

screech339

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The problem with the US PR (green card) is that US now expects you to live in US. As a Canadian PR, you need to remain in Canada to sponsor anyone.

This will definitely affect any of your sponsorship you have in process or future sponsorship.
 

argybargy

Member
May 2, 2016
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Hi RocketCity... I'm your hypothetical scenario. :)

My wife and I live in Windsor, my American wife is going through the Inland process. Both of us work in Michigan. We commute back and forth daily.

In general, what screech said is true - to keep US PR, you need to live in the US. However, it can be changed to "Commuter Status" green card. You need to "check in" at the border every 6 months and show you are still employed in the US, or you'll lose it and have to start over again. Should you ever want to graduate to citizenship in the US, none of this time will count, you start accruing time in the country when you live there permanently.

I can't recall if you need Canadian citizenship to sponsor, and that requires time in Canada as well (you mentioned only being Canadian PR, not Canadian Citizen).

We are getting questioned (via letter) regarding our US employment right now, but I think it's because people in Mississauga don't' understand how we can do that... it's a regular thing in Windsor.

Regardless, it's possible, and I'll likely be applying for my US PR later this year... I figured dealing with one set of immigration is enough to deal with at one time. ;)

But, your hypothetical is possible.
 

Rob_TO

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Nov 7, 2012
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argybargy said:
Hi RocketCity... I'm your hypothetical scenario. :)

My wife and I live in Windsor, my American wife is going through the Inland process. Both of us work in Michigan. We commute back and forth daily.
Hope you realize the risk you're taking here. If on any random day going back to Canada your wife encounters a picky CBSA agent that thinks she's "living" permanently in Canada while just on visitor status, they would have cause to deny her entry. And if that happens, her inland app would be considered abandoned and cancelled.
 

argybargy

Member
May 2, 2016
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Yes, we're aware that she is not guaranteed re-entry into Canada, it's stated right on her record. However not only do most of the agents know us quite well by now, they've been the ones to tell us exactly the process we should be following. We actually had more scrutiny when dating cross border, than we have since getting married.

We've already had 3 visitor records (two renewals), and recently got her work permit, although she hasn't found a job in Canada yet. Should she not be accepted for PR, she would have to return to the US, and we'd have to figure out how to proceed from there.

But again though, this is a pretty normal thing in Windsor - we marry Americans all the time, and there are many who prefer to live in Canada. (in my experiences at least) :)
 

Rob_TO

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argybargy said:
Yes, we're aware that she is not guaranteed re-entry into Canada, it's stated right on her record. However not only do most of the agents know us quite well by now, they've been the ones to tell us exactly the process we should be following. We actually had more scrutiny when dating cross border, than we have since getting married.

We've already had 3 visitor records (two renewals), and recently got her work permit, although she hasn't found a job in Canada yet. Should she not be accepted for PR, she would have to return to the US, and we'd have to figure out how to proceed from there.

But again though, this is a pretty normal thing in Windsor - we marry Americans all the time, and there are many who prefer to live in Canada. (in my experiences at least) :)
Yes I realize it's normal, but most people in your case would have submitted an OUTLAND PR application. Whole thing for a US citizen only takes around 6 months (some even quicker), vs the 2+ years you'll be waiting for inland app. As well the outland app poses no risk to leave/re-enter Canada.

As you are still early on in the process, many would advise you to cancel your current inland app, and apply outland instead. The OWP may even remain valid after cancelling the inland app (though not sure about this), and overall she'd get PR status much quicker.

If a border agent told you to apply inland, they unfortunately gave you some very bad advice.
 

argybargy

Member
May 2, 2016
15
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If we lived in the US, then that would have been the option we followed. However I already owned a home and have kids, etc. in Windsor - I've never permanently lived in the US. She didn't have a place of her own in the US.

We've already been in process for two years or so, and granted - it would have been quicker outland, in our situation it just wasn't the path for us.

Thanks for the knowledge though, I do appreciate the input. I just wanted the OP to know that it is indeed an option to live in Windsor and apply for sponsorship for spouse (as well as keep the Green card under "commuter" status.)
 

CDNPR2014

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argybargy said:
If we lived in the US, then that would have been the option we followed. However I already owned a home and have kids, etc. in Windsor - I've never permanently lived in the US. She didn't have a place of her own in the US.
applicants can be living IN canada and still apply outland. applying outland isn't about where the person hold residence, it has to do with where the person is from. a canadian citizen can be in or outside of canada while sponsoring. there are a lot of people who are IN canada as a visitor, worker or student who successfully apply outland. So living and being settled in canada is not a reason to not apply outland. at this point, it doesn't matter for your application, since it sound slike you are nearing the end. For those just starting the application, Inland is not the best option for us citizens, and the inland application actually RECOMMENDS to apply outland. Someone just got approved in 2 months from the us, so the OWP is NOT a valid reason to apply inland either.
 

argybargy

Member
May 2, 2016
15
1
Understood. There were other reasons for us applying inland, but to be honest I don't recall - it was two years ago. But that's the path that we took.