I had a question about applying for Canadian PR. I wish to move to Ontario. None so far, my wife is a Canadian citizen

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Customer: Hi, I had a question about applying for Canadian PR.
JA: What state are you in? It matters because laws vary by location.
Customer: I wish to move to Ontario
JA: What steps have you taken so far?
Customer: None so far, my wife is a Canadian citizen who moved back to Canada in 2019, while I am still employed in New York and plan to move in 2021
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am an Indian citizen working in the US on a H1b work visa. My wife is a Canadian citizen returned to Ontario in 2019. I visit her frequently from the US and plan to move with my job to Toronto in a year.
I wanted to know if there is any disadvantage to begin the PR application immediately rather than next year when I will get my job transfer.
Answered by JJL11 in 11 hours 2 years ago
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JJL11, Expert

Good morning - My name is ***** ***** I'm happy to assist you today. I am an Ontario lawyer who can answer questions about immigration law.

I am reviewing your question and will reply shortly.

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JJL11, Expert

There is no disadvantage. I would suggest that you submit the sponsorship now so that you can have your PR status in Canada when your job transfer comes through and will be able to work right away when you come to Canada.

Customer
Thanks for your response, could you confirm a) if there are any travel restrictions at the time of filing r while awaiting approval , e.g does it make a difference if I am in New York or visiting Canada when the application is filed ? Once the PR is filed, am I still free to visit my wife regularly in Canada ? I frequently visit my wife from the US on a visit visa for 10 days each month b) Once the PR is approved, will my next visit to Canada after approval be considered my landing or can i decide which trip to declare as my landing? lastly c) if we decide to move back to the US before the PR renewal, could you confirm that my days in the US will still count valid for PR if I am living together with my wife who is a Canadian citizen.
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JJL11, Expert

There are no travel restrictions between the time you apply for PR and before final approval. You are in a fortunate situation because you have US passport which is visa exempt for travel to Canada. Therefore you can come visit your wife regularly as you did before the sponsorship was submitted. Once your PR application is approved, you can still come to visit her. Once your application has been processed to completion, you will be given a window of time by the visa office to come to Canada to be landed at a Canadian port of entry so you decide when this landing will take place within this window.

If you decide you want to move to the US after becoming a PR, the days spent in the US with your Canadian citizen spouse does count towards your 2 out of 5 years residency requirement.

I hope this answers your questions

Customer
Thanks. I did want to clarify one detail that I mentioned in my original question. I am an Indian passport holder not a US citizen. However I do have a Canadian visit visa that is valid till march 2021 which I use for travel to Canada. Does this change your view on the travel restrictions? How long does the spouse PR application typically take to reach completion ? I assume it will be complicated to apply for a new visitor visa while my PR is in process. Hence I am wondering if I wait till I renew the visitor visa before I file for PR.One last piece of context to the overall situation in case it is relevant, I do have a U.S. Green Card application that was filed in 2014, however it is not progressing because the India Queue is really slow. Once I move to Canada permanently I do plan to cancel that application. I assume this will not complicate the application ?
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JJL11, Expert

If you have a multi entry Canadian visitor visa, you should still be fine to reenter Canada as before. I cannot tell you the current processing times because of COVID 19 and because Area processing center or visa offices have different processing times. Usually, straightforward spousal sponsorships take less than one year. I would go ahead and submit the sponsorship as soon as possible and then check the processing time online for that visa office. If your application will not be processed to completion before March, 2021, I would go ahead and renew your visitor visa. If you are still employed in the US and there were no issues of non compliance with Canada Immigration laws upon entry to Canada in the past, you should be able to get a renewal.

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JJL11, Expert

Hello - I am following up to see if you have any further questions for me

If I have answered your question, please do not forget to submit a rating so that I can get credit for helping you.

A 5 star rating would be appreciated !

Thanks

Customer
I dont have any further questions, thank you for your answers. I will be sure to provide a 5 star rating. If I wish to inquire about your services for my PR filing, is there a way to reach you?
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JJL11, Expert

As a Legal Expert for JustAnswer, I answer questions online and by telephone and cannot use it to make personal referrals.

If you want to find an experienced immigration lawyer, I would suggest you consult Lexpert, which is a website which has names of leading lawyers in different areas of law in Canada. Here is the Lexpert link for immigration lawyers. The names shown are usually the names of the senior lawyers or partners of the firm. Since your case is not a complicated one, you can ask for one of the junior lawyers who charge less.

https://www.lexpert.ca/directory/practice-areas/ranking/immigration-law-g1/

Take care

Customer
Thank you
Customer
Hi Joanne, I had a follow up clarification. When applying for the PR, do you recommend that I submit the application when I am in the US (i.e. applying for PR from outside Canada) ? I had previously heard that if I apply for PR from within Canada when I am on a visitor visa, it is recommended that I stay in Canada till the PR is fully approved and completed processing ? Is this correct ?
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JJL11, Expert

Yes, if you apply inland, you have to stay in Canada while it is being processed. You do get a work permit after your application receives Stage 1 approval which means they have assessed your application and decide your marriage is real and your wife is eligible to sponsor. In your case, if you want to continue your job in the U.S, you should submit the sponsorship from outside of Canada as we previously discussed.

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