Jana

hi,

My husband and I have decided to stay in the United States for a while because he got a new job. Can someone direct me to what I need to do to withdraw my application? I assume we will at least get our right of permanent residence fee back.

Family Class Applicant (it hasn't left Missassauga yet because we got the forms back because we missed a place to sign)

Thanks in advance for your help!

Jana

Biiiiink

Just a guess but probably a simple letter to Mississauga/copied to Buffalo in case your app gets there first should do it, I'd have thought? You will get the 975 CAD back I think too.

But unless the money is important, aren't you better to just let the application run? Your husband would need to land, but after that, days outside Canada whilst accompanying a spouse (you) count towards maintenance of PR status (but not towards citizenship)... so why not just let his application run and keep your options open?

Congrats on the new job btw

Biiiiink

Jana

Thanks Biiink. That would definately be an option but we made the decision to stay here for another 5-6 years. We are looking to buy a house and start a family next year. The money isn't a big deal but we would have to resubmit later anyway because we plan on trying for a baby which would change our status.

Thanks for the info. I sent a letter to Mississauga. I know it didn't make it to Buffalo yet because we got the forms back at the sponsor part because I missed a place to sign. Maybe we will get the for $400+ back too. That would be nice since we are saving for a down payment on our house.

Jana

JAJ

You may not have understood Biiink's post, but you need to know that Canadian PRs can keep their status *indefinitely* outside Canada as long as they are accompanying a Canadian citizen spouse.

So why not let your husband's PR process complete, have him 'land' and then you can move at your leisure, whenever that is.

Application fees are not refundable as far as I know (although the ROLF C$975 fee is).

As for having a baby, why would that make a difference? - assuming you are a Canadian citizen the baby will also be Canadian and won't need any kind of visa.


Jeremy

Jana

Maybe I don't understand the situation then. First, my husband is the Canadian citizen, I am a US citizen. I guess I am used to the way the US works. You are required to be in the USA for a certain amount of time (I am not sure how much) to keep your green card valid. You are also required to maintain an address in the USA. I don't know if you are saying that I should land and live separate from my husband or vice versa but that is not an option for us for a length of time such as this. Secondly, my understanding of the visa process is that if your family situation changes, you must let immigration know and either start over or add to it. The problem is, we have no definate plans on when we are moving, if we are at all. We want to live her for 5-6 years then re-evaluate our situation. Possibly staying, possibly moving.

On the refunds, I am not sure if we will get the application processing fees back or not. I know we won't get the $75 for the sponsor's application back but that little note on there where you can choose to get a refund if sponsorship is denied says you can get all back, minus the $75 if you are refused. I don't really care if I get the $400+ back or not but I know I get the $975 back.

Well, regardless, the leter has been sent, my application will be withdrawn, maybe I made a mistake. Like I said, I am really ignorant on the Canada side of things.

JAJ

Canada's rules on keeping permanent residence are *totally* different from those of the US.

Don't just take my word for it:
http://www.cic.gc.ca/english/newcomer/res-oblig.html

If you are married to a Canadian citizen, and are accompanying that Canadian citizen outside Canada you can keep your PR indefinitely. No requirement to live in Canada, maintain Canadian address, or any othe ties to Canada.

Canada and the US are two very different countries, with different rules on a lot of things.

You could 'land' simply by taking a vacation in Canada.

Sometimes it can be a problem, but not if the child is a Canadian citizen (as yours will likely be, even if born in the US). An expert like Andrew Miller will confirm.



In that case your husband should also look hard at becoming a US citizen once eligible. He'd have to continue filing for US tax once back in Canada but probably not pay much (or anything) to the US. Most US expats don't find this a problem, at least it's a price worth paying for US citizenship.

He would keep his Canadian citizenship (just like you would keep your US citizenship if you became a Canadian some day).

Jeremy

Ms. Anderson

Hi,

To withdraw your application, write or fax ((905) 803-7392) a letter to the Case Processing Centre - Mississauga explaining that you would like to withdraw the application, include a copy of the receipt and request a refund.

As for refund, you will absolutely get back the right to PR fee ($975) as for the processing fees because they have already opened the application you will not get back the processing fees unless on the IMM 1344A Question 1... if you are found ineligible to sponsor... withdraw your sponsorship... they will keep only $75 out of the processing fees.

Take care.