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dutchcan

Newbie
Jul 15, 2012
1
0
After living in the Netherlands for 11 years, I am wanting to return to Canada, along with my Dutch common-law spouse. I've remained a Canadian citizen, choosing instead to have a 'verblijvesvergunning'here in the Netherlands, allowing me to stay and work indefinitely. We have lived & worked together throughout my entire stay here. 8 years ago we started our own business. He is owner, and I am employee. We own a house together, have kids from previous marriages, but they are no longer classified as 'dependants'. My question is, what would be the best way to go about doing this.
I was thinking the following scenario: put the house up for sale in January, at which time I will move back to Canada alone, move in with relatives, find employment, while still working for our business remotely. (this is easily done, as all my work is through the computer). When in Canada I will apply for spousal sponsorship. In the meantime, my spouse will continue on with our business here, until the house sells and he is approved to join me.
For some reason, I thought this might be the best way to go, instead of applying while still living in the Netherlands, because of the stipulation that you have to prove that you will be moving back to Canada once your spouse is accepted. Because we have so many ties here, with the business and the house, it's not just a matter of picking up and going as soon as his approval comes through.
Also, once he is accepted, is his move over time-sensitive - in that does he have to make the move within so many months? Because we have a house, he can't move until it is sold. I'm finding it quite difficult to get my head around it all. Any help and advice would be very much appreciated.
 
Yes, your plan to move over first relieves you of having to prove you will re-settle in Canada once he is approved for PR.

His visa will expire 12 months from the date of his last medical exam or when his passport expires, whichever comes first (typically the medical expires first) and he will be required to use it before then. However, he need only land and complete the formalities in order to validate his status. If he must return to the Netherlands immediately to care for the sale of the home etc, he can do so.

He is required to be in Canada 730 days out of every rolling 5 year period to keep his status as a PR, so he can return to the Netherlands, sell the house, pack up the things and so on, then come back to Canada. It takes about 6 weeks for his PR card to arrive and you can send that on to him if he is out of the country and is ready to return as a PR.
 
Welcome :)

You should choose what makes more sense to you from a family standpoint.

Yes, you going back to Canada first would show conclusively that you intend to move back, but you'll have to include an explanation of why you moved back and why he stayed behind (to show you are still in a common-law relationship).

HOWEVER, if you stay in NL, you can also successfully put together an application that shows your intent to move back. Many people write explanatory notes that include some details of how they will wrap down their affairs abroad and how they intend to settle in Canada once they receive their application including things that you started mentioning in your post above like housing, moving the business, etc.

So, I would suggest you decide what makes the most sense for you as a couple given your various obligations and not feel compelled to move back early by yourself just for the sake of the application.

Veel geluk!