Moving to USA after Applying for Sponsorship for Parents

[jafary]

Hello everyone. Hope you can advise.
I have been living in Canada since 2005 and am a Citizen now. I applied for immigration sponsorship for my Parents in Oct 2008. While I am still waiting for the approval from Mississauga (Step 1) my company is moving me to the USA on H1B. I plan to leave next month

I have been paying my taxes in Canada and will send the latest Tax Return information (Option C) for 08, 09 and 10 to CIC before I leave for the last three years. I am hoping they should complete the processing of Step 1 this year!

I have two questions.......

A. Although I intend to return to Canada once my Parents get their immigration, I am wondering if my living out of Canada in the interim is going to be a problem for their case.

B. I also own a house in Canada which will be rented. so I think I should be filing taxes for Canada for subsequent years but will need to show income earned out of Canada. Any advice if I should or should not do this ?

 

[scylla]

I can't answer the tax question. (Hopefully someone else can help!)

But for question #1...

You must be physically living in Canada to sponsor your parents (it doesn't matter if you are a PR or citizen). If you move to the US, then you no longer qualify to sponsor them. The CIC does often/typically verify that you are stil living in Canada after step 1 approval. When they determine you've moved to the US, the application will be rejected. So the short answer is yes - moving to the US will unfortunately be a big problem.

 

[jafary]

Thanks. I wish there was something that could be done about this with the citizenship minister. It seems quite unfair for such rules since they take so freakin long to process the case. Had they defined a better and more efficient and humane process, I would not be in this situation. They can't just expect people's lives to come to a stand still and make rigid rules like these....

really frustrating... I hope they don't check again.. and if they do, its before the end of the year...

 

[angelbrat]

Parents and grand parents are way down the list for priority I am afraid. Having just read the official CIC guideline for family sponsorship proposed in 2011, it makes depressing reading.

New applications are likely to take a minimum of 10 years and upwards to 13 years. Any excuse, to refuse an application will be made.

Parents are not deemed important to Canada's future, they do not provide tax revenue, as they usually do not work and are seen as a drain on Canadian society with excessive health issues, due to their age.

Australia's parent visa issue is down to a maximum of 10 visa's for 2011. It looks like Canada is taking note from Australia and following their policy.

 

[msampath]

Jafary,

I am in exact same position as yours. I applied to sponsor my parents Mar 2008 and still waiting for first stage decision. I am a citizen as well and currently having an assignment in USA on a temporary TN visa.

I am in dilemma now. Have you made any decision ? Will it help to provide letter to CIC showing the temporary contract agreement in USA. Also, would it help to wait in canada till the first stage approval and then move to USA, and after return to canada then do the second stage application abroad. Do we have that flexibility to delay the second stage application or is it initiated by CIC itself?

Any advise is appreciated..

 

[CharlieD10]

No, you cannot delay the processing, it is up to CIC to determine when they do the processing. They are not going to put it off so you can get around the rules.

 

[canadianwoman]

Jafary,

I am in exact same position as yours. I applied to sponsor my parents Mar 2008 and still waiting for first stage decision. I am a citizen as well and currently having an assignment in USA on a temporary TN visa.

I am in dilemma now. Have you made any decision ? Will it help to provide letter to CIC showing the temporary contract agreement in USA.

Don't send any letter to CIC saying you'll be out of the country! Better to not say anything and hope that they don't find out. If your work time in the States is short, you might get away with it - but you'll still have to show sufficient income earned in Canada on your Canadian taxes.

 

[steaky]

I will attempt to answer the tax question.

Did you retain a property manager to look after your rental before you move to USA? If so, you can ask the company and their accountant to help you file and withhold certain amounts from your monthly rental to be remit to the tax office. Otherwise, you have to do it yourself.

two questions.......

A. Although I intend to return to Canada once my Parents get their immigration, I am wondering if my living out of Canada in the interim is going to be a problem for their case.

B. I also own a house in Canada which will be rented. so I think I should be filing taxes for Canada for subsequent years but will need to show income earned out of Canada. Any advice if I should or should not do this ?

 

[MeeMic]

Dear Sir,

I sponsored my mother and she now immigrated to canada but now i got contract in USA with TN status. i am now confused and wondering what are my options?

Can i accept that offer because its a temporary move and i will take my mother with me?

Can you please guide. will be waiting for your reply

Mike
Canadian Citizen

 

[saugamiss]

Were you ever able to find out if you could move/work get paid in the US once your mother arrived in Canada?

 

[shingo43]

I would like to know this as well, I sent my package on Aug 2011 and I think my step 1 should be done within 3-6 months.

I'd like to know if I can apply jobs in the US too

 

[scylla]

I would like to know this as well, I sent my package on Aug 2011 and I think my step 1 should be done within 3-6 months.

I'd like to know if I can apply jobs in the US too

Same answer as before. If you move to the US before your parents' application is fully processed and the visa issued, expect their application to be refused. You must be living in Canada to qualify as a sponsor. And you must continue living in Canada throughout the entire process (both stage 1 and stage 2).

 

[keesio]

People need to understand that the purpose of Family Sponsorship is all about Family Reunification. So take it from CIC's viewpoint.... how is it family reunification if you are sponsoring your parents to Canada while you are looking to move to the USA?

 

[screech339]

Under the new PGP program, CIC expects you to maintain LICO during the entire PGP process. This means you must continue working in Canada to maintain Canadian income official sources. Once you leave to US to work, CiC will see through income tax that you were not residing in Canada during PGP processing. CIC will no doubt cancel your PGP application on account that you violated the rule and regulation that you must remain in Canada.

 

[shingo43]

People need to understand that the purpose of Family Sponsorship is all about Family Reunification. So take it from CIC's viewpoint.... how is it family reunification if you are sponsoring your parents to Canada while you are looking to move to the USA?

I don't understand that and how can it be family reunification if your parents are not here, during the 8+ year processing time.I mean what CIC did is to restrict you to stay in Canada BEFORE your application is processed , not after. They should do exactly the opposite.