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Old Nov 17th 2008, 5:12 am
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Default Help Please

My wife is American and I am Canadian, we have been away from Canada now since 1997. September I took job in BC, and wife stayed in US to sell house. No luck we still have house. Movers arrive today to move my stuff to BC, will wife have problems re-entering. (she is coming in a few days after me)
I will meet truck at Sweetwater MT tomorrow. Any advise as to special paper work needed, etc.
Ray
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Old Nov 17th 2008, 5:41 am
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Default Re: Help Please

Originally Posted by rayvt
Any advise as to special paper work needed, etc.
Ray
I don't believe you need any special paperwork for her - just make sure she's got her PR card and perhaps anything relating to her spousal sponsorship just to be on the safe side!

Good luck.
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Old Nov 17th 2008, 6:40 am
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Default Re: Help Please

Originally Posted by christmasoompa
I don't believe you need any special paperwork for her - just make sure she's got her PR card and perhaps anything relating to her spousal sponsorship just to be on the safe side!

Good luck.
I'm not sure that he said she has PR status though or did I miss that bit?

Rayvt - when you lived in Canada before with your wife what status did she have? Did you sponsor her to get her PR status or was she there as a visitor?

If she did have permanent resident status when you last lived in Canada but has been away from Canada for many years there could be a question over whether she has lost PR status owing to the residency obligation. To meet the residency obligation she must have lived in Canada or, if living outside Canada, having lived with a spouse who is a Canadian citizen for at least 730 days in a 5 year period.

I dont think this will be too much of a problem but if she had a letter from you stating that was the case or perhaps a document showing you lived together (a joint bank statement, utility bill with both names etc) with her when she enters Canada she should be safe.

If she wasnt a permanent resident and just lived in Canada previously as a visitor then she would simply be entering as a visitor again. Coming from the US she wont need to apply for a visa. And once she is in Canada you can sponsor her under the Spouse or Common-Law Partner in Canada Class.
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Old Nov 17th 2008, 7:10 am
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Default Re: Help Please

I think if she has been living abroad with her canadian husband her PR status shud be ok, coz her stay abroad will be counted as residence in canada. Lets experts shed some light on it.

good luck
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Old Nov 17th 2008, 7:16 am
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Default Re: Help Please

Originally Posted by NSpaul
I'm not sure that he said she has PR status though or did I miss that bit?
He didn't - I just assumed that she had, perhaps wrongly. I couldn't see any reason why they wouldn't have applied for spousal sponsorship if they intended to return to Canada. Be a bit daft, and very unusual, not to I would have thought!

Would she be admitted to Canada as a visitor if she's married to a Canadian that is already in the country? Presumably immigration would know she'd have no intention of leaving the country again?
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Old Nov 17th 2008, 7:45 am
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Default Re: Help Please

Originally Posted by Scientist
I think if she has been living abroad with her canadian husband her PR status shud be ok, coz her stay abroad will be counted as residence in canada. Lets experts shed some light on it.

good luck
Yes, thats correct it will be counted. Assuming she did have PR obviously.
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Old Nov 17th 2008, 7:51 am
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Default Re: Help Please

Originally Posted by christmasoompa
He didn't - I just assumed that she had, perhaps wrongly. I couldn't see any reason why they wouldn't have applied for spousal sponsorship if they intended to return to Canada. Be a bit daft, and very unusual, not to I would have thought!

Would she be admitted to Canada as a visitor if she's married to a Canadian that is already in the country? Presumably immigration would know she'd have no intention of leaving the country again?
Yes, she would be admitted as a visitor but the stay would still technically have to be temporary - in other words if her husband didnt sponsor her while they were in Canada and she didnt apply to extend her visitor status then she would still supposedly have to leave (although in the case of spousal sponsorship you can still sponsor someone even if they are in Canada without status).
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Old Nov 18th 2008, 1:12 am
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Default Re: Help Please

Thank you, every one, for your replies. My wife and I have lived together fot the past 28 years. She did when, in Canada before have Perm status, and was working full time in Canada.

I was just wondering where we had been out of Canada for such an extended period of time whether Canada was going to have her jumping through all the hoops again. I only have a green card and never gave up my Canadian citizenship.

I guess I shall know here within the next few hours as our things will arrive in Montana tonight or tomorrow morning.

Once again Thanks for taking the time and offeriing your valued comments.

Ray
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Old Nov 19th 2008, 2:23 pm
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Default Re: Help Please

Originally Posted by rayvt
Thank you, every one, for your replies. My wife and I have lived together fot the past 28 years. She did when, in Canada before have Perm status, and was working full time in Canada.
Then she is still in compliance with the PR residence obligation. Days outside Canada with a Canadian spouse are counted as in Canada for this purpose (not citizenship, though).

What proof does she have of her permanent resident status?

And did she ever consider becoming a Canadian citizen?

I was just wondering where we had been out of Canada for such an extended period of time whether Canada was going to have her jumping through all the hoops again. I only have a green card and never gave up my Canadian citizenship.
Are you aware that becoming an American citizen does not cause loss of Canadian citizenship? (not since 1977)
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