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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97935
Experience:  Lawyer
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I applied through Express entry FSW class from within

Customer Question

I applied for PR through Express entry FSW class from within Canada. I am in Canada on PGWP expiring Jul 3,2016. I received ITA on Oct 2,2015. AOR Nov 28, 2015. My spouse is currently in USA on H1 visa and I got extension (additional document request) from Express entry to submit FBI report for my spouse on Dec 17, 2015. I submitted the FBI report on Feb 6, 2016 as we received it that day. I want to move to USA to live with my spouse in Mid-March 2016. I am confused if it is possible for me to move to USA on H4 while my PR application still continue to process. If I can move then how will I receive a passport request. I will have to give a resignation to my employer if I move to USA in two weeks. I will have to notify CIC too. I want to know if I can move to USA without effecting my application? If I can how can I update CIC about my changes in address from Canada to USA?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

There is no obligation that you remain living and working in Canada during the processing of your application.

However, you will not be granted your PR status until you reenter with the intent of establishing Canada as your permanent residence.

Let me know if you need any further clarification.

Customer: replied 1 year ago.
Does it specify clearly somewhere in the law that I do not have to be physically present in Canada for the PR process?
How will the passport request work? I am an inland applicant so my visa office will be CIC Ottawa or CIO Sydney Nova Scotia. If I move to USA which visa office will work on my case?
Is there a possibility that the Case officer will reject my file because I moved to USA and leave my job? I will not be working in USA for a while.
Expert:  Debra replied 1 year ago.

There is no law that requires it and more often than not the applicant is not in Canada while a PR application is in process.

You should contact the call centre and ask what will happen if you move to live with your spouse who is currently in the US while you await the processing of your application.

You can say that you are not working in the US but just want to live with your spouse.

Customer: replied 1 year ago.
I tried calling the call centre but the agents do not give a clear response. They send me links and emails addresses. When I try sending message on the email address there is no response
Expert:  Debra replied 1 year ago.

You have to keep calling them because Canada Immigration changes their rules, policies, and procedures so constantly that it is hard to be sure what they will do next. So ask them what you should do about your passport and the application process while you are living with your spouse in the US.

Customer: replied 1 year ago.
There is no guarantee that the case officer will not reject my application if I move to USA
Expert:  Debra replied 1 year ago.

There are no guarantees in immigration law but, there are no grounds to reject an application for PR status simply because you are living with your spouse during the application processing time outside of Canada, as there is no requirement to remain inside of Canada during the application process.

Customer: replied 1 year ago.
If I move to USA, can I leave my bank account on Canada as I have showed my balances for my PR application
Expert:  Debra replied 1 year ago.

Yes you can.

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