spousal residency |
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fleafish
New Member Joined: 18 Feb 2012 Status: Offline Points: 2 |
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Posted: 18 Feb 2012 at 9:37am |
I am a Canadian citizen, I married an American 10 years ago and have been living in the States. We will be moving back to Canada. I can transfer with my job, so sponsership will be no problem. Can I apply here for his work papers? Can we just move back and apply in Canada? Im sure it's pretty similar to the immigration process I went through when I moved to the States.
Thanks for your help!
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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The American cannot just "move" to Canada. Without status, all the American can do is visit.
That said, in your situation, particularly if you have employment in Canada and contingent on the American not having any admissibility issues (criminal record sort of thing), as long as you are accompanying the American to Canada and you are upfront about plans (American just visiting, staying pending outcome of sponsored PR application), usually (no guarantees) there is no problem. Probably too much of a hassle to seek status to live in Canada in any other way than the sponsored PR application. Possible, but probably not worth it (there are exceptions for some types of skilled workers who can relatively easily obtain temporary work status if they have a qualified employer in Canada). You can submit the sponsored PR application while still living in the States, but must include some evidence of your plan to live in Canada (letter from employer regarding transfer should suffice for this). Do not be put off by the CIC reported timelines for processing applications through Buffalo: just be sure to do a thorough, well-done application including all required documents, and given years of living together in a marital relationship the application should go through as quickly as they can . . . the reported timeline is for 80 % of applications, obviously (but for, again, issues like problems with admissibility), what would be far more relevant to a case like this is how quickly the fastest 35% are processed . . . which they do not report and which should be less than six or seven months (not even sure it is that long). In the meantime, the American can come to Canada with you, again as a visitor, and stay in Canada pending the outcome (usually, no guarantees, but in this situation the border officers often issue Visitor Records good for up to a full year stay, and those ordinarily can be extended if need be, but ordinarily that would be more than long enough). |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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fleafish
New Member Joined: 18 Feb 2012 Status: Offline Points: 2 |
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Thank you for your response! Gave me good info, it's pretty similar to the process when I came to the sates. I came in as a visitor and married an American and then applied for my greencard. Got my work papers in 3 weeks and my social security number, but it took about 3 years to get my greencard.
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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By the way, regarding processing time: In another thread, PMM alerted us to another resource (the Canadian government open data pilot project), for information about the processing timelines. It confirms what I said above about the processing timeline, and indeed, the site confirms that in the last 12 months reported at the Open Data site, that indeed 50% of applications were processed in 6 months in Buffalo. That's the number most relevant to anyone who does a thorough and well-done application and does not have issues, not the 11 months it is reported for 80% of applications. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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