William-Arthur Hood

I am a US Citizen and my wife was a Canadian PR (not a citizen) when we
married. She had been a PR for a little over a year when I sponsored
her to come to the US, and she has been here for a little less than two
years.

Recently, we've entertained thoughts of moving back to Canada.
According to what I've read, the new 2002 immigration law eliminated the
concept of "intent to abandon Canada" and she is free to move back,
re-establish residency, and sponsor me and our infant as long as she
hasn't been absent for more than 3 years.

The questions I have are:

1. Does she need to officially "declare" to the Canadian government in
some way that she has returned to Canada permanently, or can she just
quietly come back, get a job, and initiate the sponsorship process?

2. Granted the law (and CIC's web site) says she's still a PR if she's
been gone for less than 3 of the last 5 years, is there any likelihood
the customs people at the border will give her a hard time? (She told
me of a friend that "almost didn't get back in" because she had been
gone for a few years, but I suspect this may have been before 2002.)

3. If she were to sponsor our child from within Canada, can she show up
at the border and state that the child will be sponsored, or does she
need to work that out with the Canadian embassy in advance with some
sort of special visa (child is born in the US)?

4. Do I understand correctly that it would take far longer for her to
sponsor me from within Canada than if I was sponsored from outside?


Thanks very much for your help.

battlefield

William-Arthur Hood wrote:
> I am a US Citizen and my wife was a Canadian PR (not a citizen) when we
> married. She had been a PR for a little over a year when I sponsored
> her to come to the US, and she has been here for a little less than two
> years.
>
> Recently, we've entertained thoughts of moving back to Canada.
> According to what I've read, the new 2002 immigration law eliminated the
> concept of "intent to abandon Canada" and she is free to move back,
> re-establish residency, and sponsor me and our infant as long as she
> hasn't been absent for more than 3 years.
>
> The questions I have are:
>
> 1. Does she need to officially "declare" to the Canadian government in
> some way that she has returned to Canada permanently, or can she just
> quietly come back, get a job, and initiate the sponsorship process?

All she needs to do is to move back in. Once she comes to the border,
she will be asked how long she was away. Immigration official will
stamp her paper with the entry date and with out since date which will
server as evidence.

>
> 2. Granted the law (and CIC's web site) says she's still a PR if she's
> been gone for less than 3 of the last 5 years, is there any likelihood
> the customs people at the border will give her a hard time? (She told
> me of a friend that "almost didn't get back in" because she had been
> gone for a few years, but I suspect this may have been before 2002.)

I do not see why. Canadian immigration officials at the border are very
friendly and welcoming. As long as she moves back in staying out for
less than 3 years in a 5 year period, then she is fine.

>
> 3. If she were to sponsor our child from within Canada, can she show up
> at the border and state that the child will be sponsored, or does she
> need to work that out with the Canadian embassy in advance with some
> sort of special visa (child is born in the US)?

I don;t think there is any kind of visa that is aplicable to US
citizens in this situation. US citizens can come to Canada for
temporary stay without any visa. However, you might wanna check with
local Canadian colsulate on that one.

>
> 4. Do I understand correctly that it would take far longer for her to
> sponsor me from within Canada than if I was sponsored from outside?
>

As a PR, she cannot sponsor you from outside Canada. She needs to
establish residency before she can sponsor.

===
Sincerely,

RahimBadsha
http://www.VisaCanadaImmigration.com