Canadian Wife sponsoring US husband to Canada. ask

Sent: Wednesday, October 26, 2005 3:25 PM
To: taxman at
Subject: Telephone Conversation
Hi David,
Thank you for taking my call just now and for your help.  As we
discussed, I am sending you this email to request the list of
documents I would need in order to sponsor my husband to become a
Permanent Resident  of Canada .  You mentioned that as of Feb. 18
this year there was a change in policy, and I am sorry but I
think we got onto another topic of checking criminal records and
I did not find out what that change was?  Thank you so very much
for your help.  I certainly didn't expect to talk to you directly
and it was a pleasure.  I will be in touch for an appointment if
I need further assistance.  My email is:
The change was that he made it very much easier to sponsor a
spouse from within Canada.  I explained that when I suggested
that if you had a summer / winter home in the Okanagan and
decided to sponsor him from within Canada, it almost a 100%
surety and you can just stay here.  If you do this the time limit
is likely less than six months.
In the meantime, the following answers to some other questions
will give you the forms you need.
QUESTION: Hi, I am a US citizen who has met and fallen in love
with a
Canadian citizen. We want to get married and establish my perm
status in Canada.  I am confused on where to begin.  I have taken
self-assessment test and scored a 72.  I have a college degree
(BA in
English) but do not use my degree in conjunction with my job. I
have worked
as a chef and restaurant manager for 10+ years. A friend of my
fiancé has
offered me a job, but it is a seasonal position at a resort.
Should I apply
for a work visa? Should we get married and apply for him to
sponsor me? Can
I live in Canada while we are waiting for my perm residency?
Sorry about having so many questions, the immigration process
seems so
daunting to me.
thanks for your help, love the info I have gathered thus far.
david ingram replies:
Since Feb 18, 2005, it has become much easier for you to become a
resident.  If you get married you can live together in Canada
while your
husband sponsors you.  You cannot work however, without a work
permit.  If
you can afford to take off a few months, you can start the
process by
filling in the following forms which are buried in another
If you let me know where you are going to live I can suggest an
attorney or a member of the Canadian Society of Immigration
consultants to
help you if you need help.
QUESTION: I'm a Canadian citizen if i married someone from
Australia would
that grant her citizenship to Canada, and would her age make a
david ingram replies:
Marrying anyone from another country does NOT grant them Canadian
Citizenship.  However, if you qualify, you can sponsor your
spouse to come
to Canada.
The following will give you an idea of the forms to fill out.  If
you need
help, we can assist in the process or recommend a local person if
you are
not in the Vancouver area.
And Note that as of February 18, 2005 it has become much easier
tp sponsor a
spouse from within Canada.  If she is already here, you can
sponsor her from
The following Q & A I answered a year ago gives you the paperwork
needed to
fill out if she is still in Australia. See 14a below for the
proper guide
for Australia
I am a Canadian citizen working on a TN visa for the past year as
Graphic Artist for an Ad agency downtown LA.
I have met this wonderful, carrying lady that we have been dating
for over 7
months now. I believe I am ready to propose and move on to a new
chapter in
my life.
She is a Permanent resident living here in the US for 4 years (I
think she
already applied for her citizenship and waiting). I am not
interested by any
means to lose my Canadian citizenship (I am a dual citizen of
Austria and
Canada) and I would love to live in Toronto where we plan to live
after her
dental school (4 years) is over. But as you know I also don’t
want to be
rejected by TN Visa officers on my extension visa case.
What would be the best way to go about this? I only need to get a
permit until we go back to Toronto.
Should we apply for her residency in Canada first or for mine in
the US
I read all your emails and they are very interesting but my case
is also
somewhat interesting to be added to your archive. J
Thank you very much
david ingram replies:
She should get her US citizenship first if she is that close.
Then, you can
marry and she can sponsor you for US citizenship.
If you decide to come to Canada AFTER she gets her US
citizenship, you can
sponsor her if you are married or even if you are living together
as a
common law couple.
Either way, you should get your employer to change your visa to
an H1
because that way you can be their intending to marry an American.
With a TN
visa, it is not valid if you intend to stay in the US forever.
However, you likely have an out for your TN because you have
clearly told me
that you intend to return to live in Toronto.  That is certainly
a temporary
intention as far as your residency in the US is concerned.
The following old question is a map to what you will have to do
to import
your lady to Canada.
QUESTION: I'm a Canadian citizen and just got married. My wife is
a U.S.
citizen. I would like to apply for my wife's permanent residence
in Canada.
I would appreciate if you can tell me the process and how long
would it
Thanks in advance
david ingram replies:
You will have to decide on whether to apply form within or
without Canada.
Within would have her in Canada sooner but she can not work
unless  she has
a work visa.  If she has a university degree, she might qualify
as a
professional under Treaty NAFTA.
Basically to sponsor her, you need to fill in the following paper
work.  At
the moment, it is likely taking up to 22 months and is processed
Buffalo New York
You can start the process by going to:
This is a guide for sponsoring a US citizen spouse into Canada.
            Publication 3910E
This is the application form to sponsor - form IMM-1344A
This is the sponsorship agreement - Form IMM-1344B
This is the Sponsorship Evaluation Form IMM-5481
This is a statutory declaration of a common-law marriage - FORM
This is the Sponsor Questionnaire - Form IMM-5540
This is an authority to release information - FORM IMM-5540
This is a document Checklist - Form IMM-5491
This is where you order your official receipt
This is your actual Application for Permanent Residence - FORM
This is your Background Declaration - FORM IMM-008_1
This is your additional family information - FORM IMM-5406
This is your spouse or conjugal partner questionnaire -= FORM
14.    The Above PLUS a police report from your local police
station (See
the guide for details) applies to those being sponsored from the
STATES. There is a separate brochure for every country.  If you
are reading
this and are from any other country (Australia, Brunei, Austria,
etc) goto
14a for other
This is the self-assessment test for an individual to determine
his or her
eligibility to immigrate to Canada without being sponsored by a
I know this will help you make your decision.  If we can help
you, remember,
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