Moving BACK to Canada?

[madj22 7]

Hello all,

 

Several years ago I started my immigration journey to the states and a year and a halfish ago I became a US citizen (now ha e dual canadian/us) via a marriage green card! My husband is a US citizen. 

 

As we are looking to start a family, we are considering moving to Nova Scotia where my family is, as housing is affordable and we want to be near my family as we have kids. 

 

But the process to essentially start all over again in a different country with immigration is so daunting. 

 

1. Does anyone know what the immigration process would be like for my husband? I'm curious how he would work (as he is the main breadwinner) while in the immigration process of a marriage based citizenship. 

 

2. He works for himself, also curious how that would be impacted by moving countries/immigrating. Starting his business again on the other coast.

 

3. What's the timeline right now to become a Canadian citizen?

 

4. Anything else you think would be helpful advice or knowledge when reading about our situation? 

 

Helpful answers would be so appreciated, from one human to another. Thanks! 

[appleblossom 1,907]

1. You sponsor him - https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#checklist. Just to clarify though, he wouldn't be applying for a 'marriage based citizenship', just Permanent Residency. And if you're sponsoring him from the US, he can't work (or move) until he gets PR. 

 

3. He'll be eligible to apply for citizenship after living in Canada for 3 years as a PR. Citizenship currently takes around 15 months after application, but obviously that may well be different in 4 or 5 years when he's eligible to apply.  

 

HTH, good luck. 

Edited January 26 by appleblossom

[madj22 7]

I remember hearing a few years ago that you could apply for PR in Canada I'm advance so you could theoretically arrive once you had your PR? Is that correct? Also, do I need to have $ to sponsor him, he is in the breadwinner and we don't have independent finances. Thanks so much for your response

[appleblossom 1,907]

44 minutes ago, madj22 said:

I remember hearing a few years ago that you could apply for PR in Canada I'm advance so you could theoretically arrive once you had your PR? Is that correct? Also, do I need to have $ to sponsor him, he is in the breadwinner and we don't have independent finances. Thanks so much for your response

 

Yes, you will apply to sponsor him from the US and he'll then move and be a Permanent Resident upon entry. And unlike the US, no income is required to sponsor a spouse (it is for other relatives though). 

 

Good luck. 

Edited January 26 by appleblossom

[mam521 1,970]

@appleblossom gave you the link you need to follow to petition your husband.  

 

Current timeline is about a year: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

 

Unless he has a job that qualifies for express entry: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html

 

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html

 

For him to obtain Canadian citizenship, he will have to be in country, physically present, for 1095 days (equivalent of 3 years) of the last 5 years before he can apply.  So, if you guys decided to take a 4 month vacation after he'd been in Canada for 2 years, that would push back his eligibility by that number of days.  If you basically stayed in Canada for that full 3 years, he can apply straight away at that 1095 day point.  

 

Where to in NS?  My kids' dad was born in Halifax   

[Denokarter 0]

You can apply from within Canada, I’ve done it.  

[appleblossom 1,907]

12 hours ago, Denokarter said:

You can apply from within Canada, I’ve done it.  

 

Was it before 2017? Things changed then with a Federal Court ruling addressing spouses trying to enter Canada as visitors when intending to apply for PR via inland sponsorship -  https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218891/index.do?r=AAAAAQAHVmlzaXRvcgE This ruling is particularly pertinent as the applicant was also a US citizen. 

 

Unless the OP's husband has another route to Canada i.e. a work permit, it's not a route I'd recommend for this reason. 

 

If the OP wants to move back before their spouse has had their PR app approved, I'd suggest applying outland and then moving once sponsor approval is received. Outland applications are dual intent (unlike inland), so no issue with entering Canada to wait the rest of the process out. There's also no appeal process if an inland application is refused, unlike outland.