My_question_is: Applicable to both US and Canada
Subject: Sponsoring my American husband to move to Canada
Expert: taxman at centa.com
Date: Thursday November 03, 2005
Time: 09:23 AM -0800
QUESTION:
Hi,
I am a Canadian citizen living in the USA as I am married to an American. We
are planning to move to Canada and I was wondering if I should apply to
sponsor my husband before we move? or should I move to Canada first and then
sponsor him? or do we move to Canada together and then begin our sponsorship
process? When would the best time be to file all necessary paperwork? I
hoping that my husband will be able to work in Canada shortly after moving
there,do you know if that is possible?
Thank you,
-----------------------------------------
david ingram replies:
If you get the paperwork done BEFORE coming g to Canada, he can start
working immediately. If you move here first and "sneak" him across the
order as it were, it could be a year before he gets to work and he could be
turned down without an appeal process. I suggest that you keep on working
where you are and come when all the i's are dotted and the t's crossed. The
following Q & A is another look at the subject and has all the paperwork you
need to fill out.
Sent: Wednesday, October 26, 2005 3:25 PM
To: taxman at centa.com
Subject: Telephone Conversation
Hi David,
Thank you for taking my call just now and for your help. As we discussed, I
am sending you this email to request the list of documents I would need in
order to sponsor my husband to become a Permanent Resident of Canada . You
mentioned that as of Feb. 18 this year there was a change in policy, and I
am sorry but I think we got onto another topic of checking criminal records
and I did not find out what that change was? Thank you so very much for
your help. I certainly didn't expect to talk to you directly and it was a
pleasure. I will be in touch for an appointment if I need further
assistance. My email is:
Sincerely,
XXXXXXXXXXXXXXXXXXXXX
The change was that he made it very much easier to sponsor a spouse from
within Canada. I explained that when I suggested that if you had a summer /
winter home in the Okanagan and decided to sponsor him from within Canada,
it almost a 100% surety and you can just stay here. If you do this the time
limit is likely less than six months.
In the meantime, the following answers to some other questions will give you
the forms you need.
QUESTION: Hi, I am a US citizen who has met and fallen in love with a
Canadian citizen. We want to get married and establish my perm resident
status in Canada. I am confused on where to begin. I have taken the
self-assessment test and scored a 72. I have a college degree (BA in
English) but do not use my degree in conjunction with my job. I have worked
as a chef and restaurant manager for 10+ years. A friend of my fiancé has
offered me a job, but it is a seasonal position at a resort. Should I apply
for a work visa? Should we get married and apply for him to sponsor me? Can
I live in Canada while we are waiting for my perm residency?
Sorry about having so many questions, the immigration process seems so
daunting to me.
thanks for your help, love the info I have gathered thus far.
---------------------------------------------------------------------------
david ingram replies:
Since Feb 18, 2005, it has become much easier for you to become a permanent
resident. If you get married you can live together in Canada while your
husband sponsors you. You cannot work however, without a work permit. If
you can afford to take off a few months, you can start the process by
filling in the following forms which are buried in another question.
If you let me know where you are going to live I can suggest an immigration
attorney or a member of the Canadian Society of Immigration consultants to
help you if you need help.
QUESTION: I'm a Canadian citizen if i married someone from Australia would
that grant her citizenship to Canada, and would her age make a difference?
---------------------------------------------------------------------------
david ingram replies:
Marrying anyone from another country does NOT grant them Canadian
Citizenship. However, if you qualify, you can sponsor your spouse to come
to Canada.
The following will give you an idea of the forms to fill out. If you need
help, we can assist in the process or recommend a local person if you are
not in the Vancouver area.
And Note that as of February 18, 2005 it has become much easier tp sponsor a
spouse from within Canada. If she is already here, you can sponsor her from
within.
The following Q & A I answered a year ago gives you the paperwork needed to
fill out if she is still in Australia. See 14a below for the proper guide
for Australia
-----------------------------------
Hello!
I am a Canadian citizen working on a TN visa for the past year as Senior
Graphic Artist for an Ad agency downtown LA.
I have met this wonderful, carrying lady that we have been dating for over 7
months now. I believe I am ready to propose and move on to a new chapter in
my life.
She is a Permanent resident living here in the US for 4 years (I think she
already applied for her citizenship and waiting). I am not interested by any
means to lose my Canadian citizenship (I am a dual citizen of Austria and
Canada) and I would love to live in Toronto where we plan to live after her
dental school (4 years) is over. But as you know I also don’t want to be
rejected by TN Visa officers on my extension visa case.
What would be the best way to go about this? I only need to get a work
permit until we go back to Toronto.
Should we apply for her residency in Canada first or for mine in the US
first?
I read all your emails and they are very interesting but my case is also
somewhat interesting to be added to your archive. J
Thank you very much
===============================
david ingram replies:
She should get her US citizenship first if she is that close. Then, you can
marry and she can sponsor you for US citizenship.
If you decide to come to Canada AFTER she gets her US citizenship, you can
sponsor her if you are married or even if you are living together as a
common law couple.
Either way, you should get your employer to change your visa to an H1
because that way you can be their intending to marry an American. With a TN
visa, it is not valid if you intend to stay in the US forever.
However, you likely have an out for your TN because you have clearly told me
that you intend to return to live in Toronto. That is certainly a temporary
intention as far as your residency in the US is concerned.
The following old question is a map to what you will have to do to import
your lady to Canada.
QUESTION: I'm a Canadian citizen and just got married. My wife is a U.S.
citizen. I would like to apply for my wife's permanent residence in Canada.
I would appreciate if you can tell me the process and how long would it
take.
Thanks in advance
===========================================
david ingram replies:
You will have to decide on whether to apply form within or without Canada.
Within would have her in Canada sooner but she can not work unless she has
a work visa. If she has a university degree, she might qualify as a
professional under Treaty NAFTA.
Basically to sponsor her, you need to fill in the following paper work. At
the moment, it is likely taking up to 22 months and is processed through
Buffalo New York
You can start the process by going to:
1. http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
Publication 3910E
2. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9. http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14. The Above PLUS a police report from your local police station (See
the guide for details) applies to those being sponsored from the UNITED
STATES. There is a separate brochure for every country. If you are reading
this and are from any other country (Australia, Brunei, Austria, Venezuela,
etc) goto
14a http://www.cic.gc.ca/english/applications/fc.html for other country
guides.
15. http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her
eligibility to immigrate to Canada without being sponsored by a spouse.
I know this will help you make your decision. If we can help you, remember,
that is what we do for a living. In particular you should goto
www.centa.com and click on and read US/Canada taxation BEFORE you come.
Be ALERT, the world needs more "lerts"
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