Waiting for approval, but may be moving to the U.S.!

[emerald15]

I applied for Permanent Residency from within Canada under the Spousal Sponsorship program this September. My Husband and I are currently residing in Canada, but he was recently offered a 2-year scholarship in the U.S. We will very likely be moving to the U.S. this September, but we ultimately want to settle in Canada. With the super slow processing times, there is no way that I will get PR status by the time of the move. Will moving to the U.S. jeopardize my application? Do I have to change the status/kind of application I am submitting since I applied from within Canada but will no longer be living here? I am able to work here because I have a post-graduation work visa, but by the time we move back to Canada in two and a half years, my temporary work permit will have expired. I'd like to have PR status or at least be able to work when we return to Canada. I'd also hope to not lose all the money we've spent to submit this application. Has anyone gone through anything similar? All help is very much appreciated!

 

[rhcohen2014]

the rules for an inland application is that the sponsor and applicant must live together IN canada, so if you and your sponsor plan to leave canada for 2 years, you are risking your application.

no, you can not "change the status" of your application once it's already submitted. if you intend to leave canada, then you will want to withdraw your inland application and apply outland when it's closer to the time you plan to move back.

if you apply outland NOW and don't intend to return to canada for 2 years, the applicaiton is at risk of rejection. we have seen a case recently on this forum of a couple who was denied because their "plan" to resettle in canada was too far in the future for the visa officer's liking. if the sponsor and applicant are both outside of canada, it is imperative to show substantial proof of IMMEDIATELY settling in canada upon approval, and this type of proof is one of the most common requests seen by applicants.

what is the home country of the APPLICANT?

 

[CdnandTrini]

I applied for Permanent Residency from within Canada under the Spousal Sponsorship program this September. My Husband and I are currently residing in Canada, but he was recently offered a 2-year scholarship in the U.S. We will very likely be moving to the U.S. this September, but we ultimately want to settle in Canada. With the super slow processing times, there is no way that I will get PR status by the time of the move. Will moving to the U.S. jeopardize my application? Do I have to change the status/kind of application I am submitting since I applied from within Canada but will no longer be living here? I am able to work here because I have a post-graduation work visa, but by the time we move back to Canada in two and a half years, my temporary work permit will have expired. I'd like to have PR status or at least be able to work when we return to Canada. I'd also hope to not lose all the money we've spent to submit this application. Has anyone gone through anything similar? All help is very much appreciated!

I honestly have no idea; but it may be worth confirming your questions (with a good immigration lawyer that specializes in US/Canada stuff) and if you can switch to an outland application depending on the processing time. Not that I am doubting the reply from the member rcohen2014, as immigration is a very scary process and I do think you need to heed his example. And to be honest, you don't know what will happen over that 2 year period so even if your "intentions" are such it may still not play out that way.

The important thing to remember is that any records CIC has on file will all stay right there and be reviewed against any future applications. So be very diligent about keeping track of all of the details they have on file as you do not want to lose anything or innocently forget an answer you gave on a prior app. and make a mistake on the next one. Not sure if you have made a firm decision on your move yet; however, it is good to fully research and understand all of the implications before the move. Blessings.

 

[Ponga]

I echo rhcohen2014's advice. Leaving Canada with an INLAND application in-process, is only asking for trouble.

Since Canada and the U.S. now share exit data of travelers, CBSA/CIC would undoubtedly know (or be able to know) that you would no longer residing in Canada, which is a requirement for an Inland applicant.

 

[POLICAP]

You're all correct. In my situation, I got the first stage approved after which I got a job in the US. I was in the US throughout the second stage though, I go back to Canada every month. Last year November 25, 2014, My Wife landed. Early January 2015, I got US Visitor visa for her (10year Multiple Entry). Last week she was in the US and back in Canada now. Currently, I am working in the US on TN Visa.


Thanks,

POLICAP