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If a dual citizen of canada ()birth country) and the US marries

Resolved Question:

If a dual citizen of canada ()birth country) and the US marries a us citizen in florida and they go to live in canada - how hard will it be for him to get permanent residency if he is 67 years old? And can I go back and forth to work in the us while sponsoring him from canada?
Submitted: 2 years ago.
Category: Canada Law
Expert:  jludwic replied 2 years ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

I am confused.

Are you seeking US permanent residency for your spouse?

Judith

Customer: replied 2 years ago.


No, I am returning to live in ontario and of course want him to be with me. we would qualify for common law but we want to get married. Does it put me in jeopardy to marry him here - does it help him get perm resid in ontario if we are married when we go up there? plus he is 67 and has health insurance here and can get medicare.

 

Is it best to apply from in canada for his perm resid ?

 

 

Expert:  jludwic replied 2 years ago.

I have asked for this to be sent to Canada law.

You have not been charged.

Please be patient while waiting for a moderator to move the question.

No need to respond as that will delay the process.'jhudith

Expert:  Legal Ease replied 2 years ago.
I am happy to assist you.

Once you are married you can sponsor your spouse.

The way this works is that the sponsorship application and the permanent resident application go in together. Once you are approved as a sponsor your spouse's application will be processed.

He will need to undergo medical, background and criminal checks.

It will take about 9 months - 1 year if you are applying from outside of Canada and likely well over a year if you are applying from within Canada.

Here is the link to the webpage that has all the information and forms:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp


It will be much easier and faster to apply from the US because not only does it take longer from within Canada and he cannot work in Canada for most of the time, but Canada immigration may not allow him to come into Canada and the reason why is no one can enter Canada with the intention of remaining unless he/she has legal status first.

You can go up and back while you sponsor him but before he can get his PR status you have to be able to prove you are residing in Canada.

It doesn't matter where you marry.

Let me know if you need further clarification.
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Category: Canada Law
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