Work permit and bringing family

[toondive]

Hi,

I'm a natural born U.S. citizen currently living in New York, and I've been offered a job in Montreal. At present it's a 7 month contract that would be under a work permit. The contract will likely be extended beyond 7 months. My partner and I have been together for 7 years and from what I've read, she would be considered my common-law wife by Canadian law, and should be allowed to come with me although likely not to allowed to work in Canada.

The possible issue is that she's a Japanese citizen with a U.S. green card. We're worried that if we were to relocate to Montreal for a long period of time, she would lose her U.S. green card status. I believe it's called Abandonment in U.S. immigration law. Is this the case? Or would my work permit provide her some protection?

I'm also going to ask this question in some U.S. forums as well, but would love to hear any experiences or advice you might have.

Thanks!

 

[Rob_TO]

I'm a natural born U.S. citizen currently living in New York, and I've been offered a job in Montreal. At present it's a 7 month contract that would be under a work permit. The contract will likely be extended beyond 7 months. My partner and I have been together for 7 years and from what I've read, she would be considered my common-law wife by Canadian law, and should be allowed to come with me although likely not to allowed to work in Canada.

As long as you have been living together at least 1 year, you are officially common-law.

And actually she will be able to work, as spouses of foreign workers here on at least a 6-months contract, are entitled to an open work permit.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17

The possible issue is that she's a Japanese citizen with a U.S. green card. We're worried that if we were to relocate to Montreal for a long period of time, she would lose her U.S. green card status. I believe it's called Abandonment in U.S. immigration law. Is this the case? Or would my work permit provide her some protection?

My understanding is your fears are valid ones. The US has much stricter rules around green cards and can choose to revoke it if they feel a green card holder is no longer residing in the USA. I think the actual residency requirement for green card is 6-months per year, but border officers have discretion to revoke status even with shorter lengths of time away. They may not care at all what the reason is for travel, simply that she is no longer considered an exclusive resident of the US.

It is best to check this with a more US-dedicated forum though, as there are different kinds of green cards with different rules, and I'm just going off what i've heard.