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Donald Cameron gives the definitive answer to this after my comments
ingram
-----Original Message-----
From: Donald Cameron [mailto:[email protected]]
Sent: Wednesday, August 06, 2003 6:10 PM
To: [email protected]
Subject: Re: Wife in Vancouver, British Columbia and disabled - Husband in Texas has never been to Canada
At 08:34 AM 6/8/03, you wrote:
Dear Mr Ingram,
I am writing you again, to ask your advice. I was married in July of this year, and my spouse is still living in Texas. I am residing in BC, as I need medical attention, and am on long term disability., and therefore must be able to see my Dr.'s.
My husband has never been to BC and as a result, would like to come up and visit... before we decide on my sponsoring him into Canada for a Permanent Residence status. I feel that it would be better for both of us, if he was here.. before we start that process, IF that is what we decide.
I guess my question is, WOULD that be alright to start the application after he is here, and while he is visiting?
Thanking you in advance.. EXXXXXXXXX
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David Ingram replies:
It is fine for your husband to come to Canada to visit you. You are not alone. A major source of new business in this office is Canadians returning to Canada when their US medical runs out. In the US, 20% of the people have a better medical than Canada but if they lose their job or change jobs, pre-existing conditions are not usually covered. Therefore, if a wife develops breast cancer or the husband has a heart murmur or either of them come down with Crohn's Disease, these conditions are not covered and they look at their situation and realize that if something happens, they will lose their house and they quit and come back to Canada.
As a consequence, it is not unusual for us to have a wife in Edmonton and a husband living and working in Palm springs or the wife in Montana and the husband in Calgary.
Since you do not "KNOW" that you are going to sponsor your husband into Canada, it would be fine for him to visit. If you then decide you want to sponsor him, you could then apply from within Canada.
Go to http://www.cic.gc.ca/english/applications/index.html
The forms you will need (there will be others as well including a receipt) to start off with are:
1344 A
1344 B
5285
5406
5443
5476
5481
Get these going and you have a start.
If you need some help, we are here - for a fee of course.
david ingram - [email protected]
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - (604) 913-9123 www.centa.com
Cell is (604) 657-8451 (10 AM to 10 PM seven days a week)
US/Canada Real Estate Taxation Specialists
US / CANADA / MEXICO
Working Visa and Income Tax Specialists
Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
David,
There are two options for the wife in Vancouver to assist her American husband to obtain Permanent Resident status in Canada.
The first is to sponsor him at the Vegreville Case Processing Centre in the Spouse/Partner in Canada Class to adjust his status from Temporary Resident to Permanent Resident from within Canada and the second is to sponsor him at the Mississauga Case Processing Centre in the Family Class for processing for a Permanent Resident Visa at the Canadian Visa Office responsible for the U.S. - the Canadian Consulate in Buffalo, New York.
The circumstances of the case will determine which option is preferable but among the serious consequences of choosing the wrong option are 1) a determination by an Immigration Officer at a Port of Entry to Canada that the American husband no longer falls within the Spouse/Partner in Canada Class because he left Canada during the processing of the application and 2) no right of appeal to the Immigration Appeal Division if the American husband's application in the Spouse/Partner in Canada Class is not successful.
Phoning the Citizenship & Immigration Class Centre to ask about these options produces startling misinformation and the more times you call with the same questions, the more imaginative their answers become.
Regards,
Don
Donald Cameron
708 North Tower, Oakridge Centre
650 West 41st Avenue
Vancouver, BC
Canada V5Z 2M9
Telephone: (604) 303-9992
FAX: (604) 303-5844
E-mail: [email protected]
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