Canada Immigration Forum (discussion group)

Subject: Options
  I am a Canadian Citizen married to an American. We currently live in the US as originally we thought that was the best idea. So I have my greencard after a LOOOONG process.

However, I have decided that I want to have my children in Canada, and I really miss my Tim Hortons, so we want to move back.

The problem is, since I am not living in Canada, I need "proof" that I intend to move back before we can send in the application. Proof could be a job offer, rental agreement/mortgage, or proof of enrollment at a Canadian school full time.

Now, where it gets tricky is, how can I get a job, when I don´t know how long the immigration process will take? I will not move back ahead of my husband, I want us to move back together, at the same time.

As for a house, we are trying to find one we can afford, but the problem again is how long the process will take once we send in the proof -- we don´t want to be paying for a house we aren´t living in, as WELL as paying rent down here in the US. We can´t afford to do that.

For school, I have applied to several nursing schools in Ontario, but will not hear back until the spring. So the earliest we can send in the application using school enrollment for proof would be the summer, when I register. I´m afraid that won´t be enough time for the immigration process, because in order for me to afford to do school, my husband must have a job. So we need to move to Canada, he needs to start working, and THEN I need to start school.

I´m really getting disheartened here -- is there ANY way we can move to Canada together, he can start working, and THEN we can apply? Or is there any way to speed up the process so that we can both move up in the summer so I can start my classes in September?

How long does it usually take? Can he move up with me while the application is processing? If so, then we can buy a house and move up, I can push back starting school until January and I can work to support us until he is legally able to work.


(in reply to: Options)

Can you clarify a few points of your question?

You, of course, can move back to Canada anytime because you´re a Canadian citizen. So I´m not sure what you mean by the need of "proof of intent" to move back.

Your husband can apply for immigration under Family Sponsorshipm, as you know. There´s a new policy where your you and your husband can move immediately to Canada while he applies from there. I don´t know if you´ve seen it, but here it is:

"Under the new policy, most spouses and common-law partners can stay in Canada after applying for permanent residence even if they do not have legal status. In order to apply from within Canada, you must be in a genuine relationship with a Canadian citizen or a permanent resident. Your spouse or partner must agree to support you to help you settle in Canada."

"Previously, an applicant had to be in Canada legally before applying for permanent residence under the spouse or common-law partner in Canada class."

I´m not sure, however, if he can apply while both of you are still living outside of Canada in the U.S. So why not just proceed with your plans to move back, and once there just have your husband apply for Canadian residency under the new rule?

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