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Canadian & Brit in US

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ooberfan
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Joined: Thu Aug 17, 2006 2:36 pm

Canadian & Brit in US

Post by ooberfan » Thu Aug 17, 2006 2:39 pm

Hi

My girlfriend (Canadian) and I (UK) are currently living in the US. We met 4 yrs ago when I moved out here and have lived together for 3 yrs.

We are thinking about options of moving back to Canada, and I have seen that if you co-habitate (in Canada at least) your Canadian common-law souse can sponsor you for residency. Would this apply as we've been living in the US together?

What would be my options to go into Canada with her?

Appreciate any thoughts, thanks in advance.

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Thu Aug 17, 2006 5:13 pm

Hi,
Your application for PR status to Canada will depend on your current residency in the US. If you are an H1/GC holder then you can apply through the common-law partner route through Bufallo I believe.

You can sponsor relatives or family members from abroad if they are:

your spouse, common-law or conjugal partner 16 years of age or older;
your parents or grandparents;
your dependent children, including adopted children;
children under 18 years of age whom you intend to adopt;
your brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship; or
a relative of any age if you do not have an aunt, uncle or family member from the list above who you could sponsor or who is already a Canadian citizen, Indian or permanent resident.


Common-law partner

You are a common-law partner—either of opposite sex or same-sex—if you have been living with your sponsor in a conjugal relationship for at least one year. The year of living together must be a continuous 12-month period and cannot be intermittent periods that add up to one year. However, you are allowed temporary absences for short periods of time for business travel or family reasons.

You will have to provide documents that prove that you and your common-law partner have combined your affairs and have set up your household together in one home. This could include:

joint bank accounts or credit cards;
joint ownership of a home;
joint residential leases;
joint rental receipts;
joint utilities (electricity, gas, telephone);
joint management of household expenses;
proof of joint purchases, especially for household items; or
correspondence addressed to either person or both people at the same address

What would be my options to go into Canada with her?
Do you mean before your PR application or after? If it is before, assuming you are a Brit ppt holder then you can visit for a validity period of 6 months (but this would be under the discretion of the Immigration officer at the point of entry if he/she is convinced of your intentions to return to the US or UK after the period of visit).

Hope this makes sense! Check www.cic.gc.ca for more info and others can clarify if I am not right.

Good luck!

ooberfan
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Posts: 4
Joined: Thu Aug 17, 2006 2:36 pm

Post by ooberfan » Fri Aug 18, 2006 3:27 pm

Thanks for your reply!

I am currently a H1 holder in the US. Could we apply for her sponsorship for me to go into Canada from here, or do we actually need to be in Canada?

Thanks again :)

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Fri Aug 18, 2006 11:51 pm

You can do it through Bufallo I believe. You can call them to be sure but I believe you can do that since that would be your visa post based on your current residence

ooberfan
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Joined: Thu Aug 17, 2006 2:36 pm

Post by ooberfan » Mon Aug 21, 2006 1:26 pm

Thanks so much again for your help with this...greatly appreciated.

One other question (apologies if this is somewhere else):

My girlfriend currently is in status in the US on the TN visa. If we went back to Canada and, I became a perm resident of Canada through her, would I be able to qualify for the TN programs in the future or would I have to be a citizen, or would we have to be married?

We are thinking of being back in Canada for the forseeable future, but dont want to rule out the options to come back and work again in the US in the future.

Thanks in advance (this site is extremely helpful and informative)

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Mon Aug 21, 2006 2:17 pm

By TN do you mean NAFTA?

If Nafta, then, I believe Nafta is a trade agreement between Mexico, US and Canada and for Citizens only and not PR's.

Read this:
3. Who is permitted temporary entry into another NAFTA country based on the rules of the Agreement?
In order to ensure that the provisions set out in the NAFTA to facilitate business in North America reach their full potential, Chapter Sixteen of the Agreement permits the temporary cross-border movement of business travelers between the NAFTA countries. The provisions contained within Chapter 16 complement rather than replace a NAFTA country's existing provisions for temporary entry.

There are four categories of travelers eligible for temporary entry from one NAFTA country into another. They are: business visitors, traders and investors, intra-company transferees and professionals. There are specific qualifying criteria which every potential entrant must meet under each of the categories in order to be permitted entry into another NAFTA country. For more specific information on the temporary entry criteria set out in the NAFTA, please see Cross Border Movement of Business Persons and the North American Free Trade Agreement.

source: http://www.dfait-maeci.gc.ca/nafta-alen ... -en.asp?#2
Your Nafta eligibility would be based on your citizenship to any of these three countries and not your PR status. Get your Canadian or US passport and you would qualify i.e. if it is not cancelled in the future.

Unless you wish to come back quickly to the US after getting your PR, I do not know how you intend to maintain your H1 status whilst living in Canada. You cannot have both I guess. You can have both if you become a PR and move back to the US but then also there are conditions (years to stay in CND) to continue your PR status before loosing it enitirely.

All the best. Decide on the best option for you and weigh the pros and cons of both options and choose the best that suits you. Good luck.
Last edited by jes2jes on Tue Aug 22, 2006 9:33 am, edited 1 time in total.

ooberfan
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Joined: Thu Aug 17, 2006 2:36 pm

Post by ooberfan » Mon Aug 21, 2006 9:00 pm

Thanks! Greatly appreaciated.

Thats actually the point we are trying to figure out tight now: retaining the current work status we both have here in the US or going "home" to Canada to free ourselves up some, in getting better incomes and easier possibilities for jobs ... thus as you rightly said I would lose my H1 status.

I have just been curious as to what my limits would be down the road of coming back to the US. We both love the US, but with the Visa issues for us both to stay etc, opportunities may be better in Canada for the forseeable future (saving for a home, grad school etc etc).


Your helpful (and links) have been invaluable.

Thanks again!

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Tue Aug 22, 2006 9:30 am

Ooberfan,
You are always welcome.

Just forgot to tell you that, you do not need to give up your H1 immediately when your PR process goes through. What I have heard and seen people do (mainly from the US) is that, they go over to CND to complete the landing process and come back to the US to their old jobs. They then continue working whilst they look for a better job offer in CND before moving. In doing so, you do not 'suffer too much' in terms of finances by just moving and giving up the old job.

I will suggest you wait and finish the process but depending on your timeline to go to CND, you can start a job search now and by the time your PR will come through, you could have secured yourself a job then (all things being equal :) ) and move for good.

The funny thing about the US is that, on H1 it takes ages to get your GC though but I pray you will make it and wish you all the best for the future.
Praise The Lord!!!!

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