Moving to Canada on CUSMA

[dandini]

Hi everyone,

I would really appreciate some insights from members who have experience with CUSMA work permits, US immigration overlap, and Canadian PR applications.

Background:

• I am a Turkish citizen married to a US citizen.
• We got married in late 2023 in the US while I was on a B2 tourist visa, and we filed an affirmative I-485 (Adjustment of Status).
• During the process, we received a Notice of Intent to Deny (NOID), and the case has remained pending without a final adjudication.
• My US citizen spouse has secured a qualifying job offer in Sydney, Nova Scotia under CUSMA (Professional), and I have been approved for a Spousal Open Work Permit (SOWP).
• When I leave the US, my departure will result in an automatic 10-year unlawful presence bar (INA 212(a)(9)(B)) due to accrued time between status expiration and departure.

Questions:

1. US Unlawful Presence Bar & Canadian Inadmissibility:Since unlawful presence/overstay is an administrative immigration violation in the US rather than a criminal conviction, how does IRCC evaluate this during the eventual Canadian Permanent Residency (PR) application (e.g., via Express Entry / CEC)? Provided that I declare the overstay and bar truthfully on all IMM forms, does this pose a statutory bar to PR?
2. Living in Separate Provinces on SOWP:The job market in Cape Breton is quite limited for my field (software/industrial mechanics), whereas I have strong opportunities in Toronto, ON. While my spouse remains working for the CUSMA employer in Nova Scotia, can I take up employment in Ontario?
3. Impact of Cohabitation on PR:If we temporarily maintain dual residences in Nova Scotia and Ontario for professional reasons during our Canadian work permit period, will this create significant scrutiny from IRCC regarding the genuine nature of our marriage when we submit our joint PR application? What documentation is most effective to address this?

Thank you in advance for your advice and time!

 

[Copingwithlife]

“Provided that I declare the overstay and bar truthfully on all IMM forms, does this pose a statutory bar to PR?”

And why wouldn’t you declare it ? You want to get banned from Canada as well ? You’ll be banned from the USA , let’s just add Canada as well
Tell yah , Canada really getting the cream of the crop

 

[dandini]

“Provided that I declare the overstay and bar truthfully on all IMM forms, does this pose a statutory bar to PR?”

And why wouldn’t you declare it ? You want to get banned from Canada as well ? You’ll be banned from the USA , let’s just add Canada as well
Tell yah , Canada really getting the cream of the crop

I have a active pr case in usa. When i will leave usa thats when i will be consider unlawful stay. Atm im good im still in usa. And i dont even start pr in canada. Im asking will that be a problem at the future when i will come to canada

 

[canuck78]

I have a active pr case in usa. When i will leave usa thats when i will be consider unlawful stay. Atm im good im still in usa. And i dont even start pr in canada. Im asking will that be a problem at the future when i will come to canada

No it won’t be an issue. Certainly not the first person in the US with no or precarious status to move to Canada if they could get SP/WP/PR.