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Lindsay
How can my husband (American) and I (Canadian) move to Canada?
Hello. I am a Canadian citizen who is currently living in the United States with my husband. We were married 6 months ago and have not yet filed for any paperwork for my in the states. Now we are thinking that we would rather live back in Canada and do not need to bother with me filling out lots of expensive paperwork here if we want to move back anyways...my question is what do we need to do in order to be able to move back and for him to be able to work and live there? Are we allowed to move before we apply for anything or does that all have to be done before he will be allowed in with me? Any help would be very appreciated!
Thank you!



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irmano c
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google INS
and go the immigration wesite and follow instructions,,,,

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Leon
You can start your sponsorship application from the US because you are a Canadian citizen but you would need to convince immigration that you are going to move to Canada when he gets PR. Something to use as proof could be a job offer, being accepted to a university, having housing lined up for you, letters from family saying they know of your plans and that you can stay with them until you find housing etc. etc.

If you go to Canada before doing the paperwork, your husband can come with you as a visitor but he's not allowed to work. You can file for his sponsorship either with him officially living in Canada or him officially not living in Canada, see http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp#step1

The difference is that if he's living in Canada, his application will be processed entirely in Canada. You can apply for a visit visa extension and open work permit at the same time and if all goes well, he might get the first stage approval and open work permit in 6 months or so and PR in 12 to 18 months. However, it is not advisable to travel while this application is being processed because if for any reason he be denied entry to Canada again, that application and all the waiting time you've already completed would be gone. If something goes wrong with the application, it would be forwarded to the local immigration office without first stage approval which means you'd be waiting for an interview from them which can take 1-3 years if they are busy and he would be stuck in Canada and not able to work.

If you apply with him officially not living in Canada, even though he's staying with you with visitor status, he would be able to travel while the application is being processed. He might have to go to the US for an interview. He could expect to have permanent residency in 5-10 months. He could still stay in Canada more than 6 months by filing a visitor extension application before his visitor status expires.

This board here would be very helpful for you: http://www.canadavisa.com/canada-immigration-discussion-board/index.php

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Sidwell
are you currently living legally in USA?

if you are then you can apply while still living in Usa. If not then you might be wise to move to Canada before you apply.

You can move back to Canada and apply for PR from inside Canada BUT he cannot work or study for part of the process. YOU MUST get a job to support him.


There are 2 separate paths you can choose:
(1) Family Class (outside processing), Spouse / Common-law Partner category, (outside)
or
(2) Spouse / Common-law Partner in-Canada Class. (inside)

Family Class (outside processing), Spouse / Common-law Partner category is generally much faster and the PR applicant can be either inside or outside Canada anytime during the application. If the sponsor is a Canadian citizen, then the sponsor can sponsor while being outside Canada, as long as the sponsor can show intention and plan to return to Canada as soon as the spouse's PR application is approved. The PR applicant can also stay in Canada temporarily if that you can manage to do it legally by his/her own merit. However this class will not help the PR applicant to stay in Canada while waiting for the approval, and documentation requirement may be a bit more.

Spouse / Common-law Partner in-Canada Class will allow the PR applicant keep extending your stay in Canada and the documentation requirement may be less. However it generally take longer time (12 to 18 months at present) . Generally the PR applicant will have to stay in Canada during the application process, and during most of that time the applicant will NOT be eligible to work or study and in some provinces may not be eligible for health coverage until the first stage is reached. The PR applicant must also be required to enter Canada legally before starting the application.

Here are some links to help you choose.
http://www.cic.gc.ca/english/immigrate/sponsor/index.asp
family
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp
spouse
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
who can and cannot apply (eligibility)
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp
how to apply - inside or outside application

and you can contact the below immigration group for more help. They know everything about spousal sponsorship to Canada
http://groups.yahoo.com/group/canadian_immigration/

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thinkingtime
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You need the paperwork before your husband moves. You could go first and sponsor him. That's usually the quickest.

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