Jump to content
Canucky

Possible Move Back to Canada

By Canucky in Canada

 Share

19 posts in this topic

Recommended Posts

Canucky Newbie

Canucky   4

Posted
Timeline
Posted

Hello,

 

Like many people my wife and I are considering options for our futures.  We are both retired and have been married over 20 years.

I am native born Canadian and now hold US citizenship also.

 

My wife is a US citizen.  She has however had a Canadian permanent resident card - twice before.  The first was acquired shortly after we married in the US and she moved to Canada to be with me.  A couple of years later we moved to the US to help with an illness in her family.  I got my green card for the US with much help from Visajourney folks!  After the illness was resolved we stayed in the US for a few years (4) and when the economy fell apart and I lost my job we ended up getting an offer to move back to Canada.  My wife once again applied for and was granted a Canadian permanent residency card.  Again due to family issues we returned to the US after 2.5 years.  We have been back in the US for 11 years.

 

My questions are regarding how we go about getting her approved for permanent residency in Canada again. 

 

1.  Is there some process other than starting all over again?

 

2. Can we move there and have her apply from Canada or do we have to get approval before she arrives?

 

I am sure I will have other questions but let's start there.

 

Thanks in advance for any advice you can offer.

 

 

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,305

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Country-specific thread is moved from the "Emigrating Outside the US" forum to the Canada regional forum, which is far more active and has a high concentration of knowledgeable respondents.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
Ontarkie Grand Master

Ontarkie   14,226

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Are you sure she lost her Canadian PR, living with a Canadian spouse is one of the ways to keep your Canadian PR. Look into that first.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites
Canucky Newbie

Canucky   4

Posted
Timeline
  • Author
Posted
18 hours ago, Ontarkie said:

Are you sure she lost her Canadian PR, living with a Canadian spouse is one of the ways to keep your Canadian PR. Look into that first.

Hello,

 

Thanks for answering.  As I understand it if the PR moves back to the US because it is required of the spouse's job then each day out is counted as a day in Canada.  I have now been retired 6 years so that is not the case.

 

Thanks though.

Link to comment
Share on other sites
mam521 Proficient

mam521   2,062

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You can apply now from the US for it.  I suspect because you didn't keep it renewed, it's start from scratch.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Link to comment
Share on other sites
appleblossom Experienced

appleblossom   2,550

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
Ontarkie
This post was recognized by Ontarkie!

appleblossom was awarded the badge 'Helpful Reply' and 3 points.

On 11/12/2024 at 12:02 PM, Canucky said:

Hello,

 

Thanks for answering.  As I understand it if the PR moves back to the US because it is required of the spouse's job then each day out is counted as a day in Canada.  I have now been retired 6 years so that is not the case.

 

Thanks though.

 

That's not correct. As you're a Canadian citizen, any time spent outside of Canada with you (regardless of the reason for it) counts as time spent inside Canada for her residency obligations. She has maintained her PR status from what you've said. https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html

 

 

 

 

Link to comment
Share on other sites
mam521 Proficient

mam521   2,062

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
Ontarkie
This post was recognized by Ontarkie!

mam521 was awarded the badge 'Great Support' and 2 points.

43 minutes ago, appleblossom said:

 

That's not correct. As you're a Canadian citizen, any time spent outside of Canada with you (regardless of the reason for it) counts as time spent inside Canada for her residency obligations. She has maintained her PR status from what you've said. https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html

 

 

 

 

You still have to apply to renew the PR to keep it in good standing.  I have a friend in the US that has Canadian PR thanks to his wife and he constantly has to renew.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Link to comment
Share on other sites
appleblossom Experienced

appleblossom   2,550

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
2 minutes ago, mam521 said:

You still have to apply to renew the PR to keep it in good standing.  I have a friend in the US that has Canadian PR thanks to his wife and he constantly has to renew.  

 

Only for the PR card, which is just proof of status, not the status itself. The OP's wife has maintained her status so can just apply for a PRTD to travel back to Canada, and then renew her actual card once there. 

Link to comment
Share on other sites
mam521 Proficient

mam521   2,062

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Ah HA...this may apply to the OP!  https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Link to comment
Share on other sites
appleblossom Experienced

appleblossom   2,550

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
10 minutes ago, mam521 said:

Ah HA...this may apply to the OP!  https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html

 

Yep, that's the PRTD I mentioned above. Much easier/cheaper/quicker for the OP than a whole new PR application thankfully! 👍

Edited by appleblossom
Link to comment
Share on other sites
Canucky Newbie

Canucky   4

Posted
Timeline
  • Author
Posted
44 minutes ago, appleblossom said:

 

Yep, that's the PRTD I mentioned above. Much easier/cheaper/quicker for the OP than a whole new PR application thankfully! 👍

 

 

Okay folks....you have rocked me to the core!!  Hopefully in a happy way.

 

So here is the detail.

 

We left Canada in 10/2013 so I could take a job in Indiana.  We have been in the US ever since.  I retired from that job and we stayed in the US.  My wife's PR card expired on Mar. 1, 2017  - that is a long time ago.

 

Do you think we re still eligible for this process??  (he asks hopefully)

Link to comment
Share on other sites
appleblossom Experienced

appleblossom   2,550

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
Just now, Canucky said:

 

 

Okay folks....you have rocked me to the core!!  Hopefully in a happy way.

 

So here is the detail.

 

We left Canada in 10/2013 so I could take a job in Indiana.  We have been in the US ever since.  I retired from that job and we stayed in the US.  My wife's PR card expired on Mar. 1, 2017  - that is a long time ago.

 

Do you think we re still eligible for this process??  (he asks hopefully)

 

Yep, absolutely. Your wife IS still a permanent resident as she's residing with her Canadian citizen spouse - see the link I gave you above. She can live outside of Canada for indefinitely and she'd still keep her PR status as long as she's with you (unless the law changes of course!). 

 

That's the good news. The bad news is that you reapplied needlessly last time, but you can't win them all. 😂

Link to comment
Share on other sites
Canucky Newbie

Canucky   4

Posted
Timeline
  • Author
Posted
13 minutes ago, appleblossom said:

 

Yep, absolutely. Your wife IS still a permanent resident as she's residing with her Canadian citizen spouse - see the link I gave you above. She can live outside of Canada for indefinitely and she'd still keep her PR status as long as she's with you (unless the law changes of course!). 

 

That's the good news. The bad news is that you reapplied needlessly last time, but you can't win them all. 😂

 OMG!!

 

I will do some investigating tomorrow and eventually we will have to apply on line.  Should I call them or let sleeping dogs lie???

Link to comment
Share on other sites
appleblossom Experienced

appleblossom   2,550

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
10 minutes ago, Canucky said:

 OMG!!

 

I will do some investigating tomorrow and eventually we will have to apply on line.  Should I call them or let sleeping dogs lie???

 

Call who?

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...