Husband Sponsors Me -- From US to Canada

[bekahboo714]

I've looked for exact answers and I can't find any so can someone here answer my questions? I'm and American married to a Canadian. He has been here with me for about 5 years and has a permanent resident card here. However, for several reasons we are contemplating moving to Canada in a couple of years.

The process here in the States was awful and long-drawn-out. Is it the same in Canada? How long would it take if there are no snafus? He would sponsor me. We can start the process while in the U.S., I believe, but do I have to reside there so many months before getting my work permit? I don't wish to become a citizen--merely earn a permanent resident status. Thanks.

[JAJ]

I've looked for exact answers and I can't find any so can someone here answer my questions? I'm and American married to a Canadian. He has been here with me for about 5 years and has a permanent resident card here. However, for several reasons we are contemplating moving to Canada in a couple of years.

The process here in the States was awful and long-drawn-out. Is it the same in Canada? How long would it take if there are no snafus? He would sponsor me. We can start the process while in the U.S., I believe, but do I have to reside there so many months before getting my work permit? I don't wish to become a citizen--merely earn a permanent resident status. Thanks.

Start at http://www.cic.gc.ca

He should think hard about getting his American citizenship before he leaves the U.S. if he wants the easy option to come back (he would have to file U.S. federal taxes in Canada but probably not pay anything to the United States).

If you did move to Canada why wouldn't you want to become a Canadian citizen in due course? You would not lose your U.S. citizenship.

[Marco 72]

He should think hard about getting his American citizenship before he leaves the U.S. if he wants the easy option to come back (he would have to file U.S. federal taxes in Canada but probably not pay anything to the United States).

He may have to pay taxes on inheritance and gifts, since these are not taxed in Canada. Also, filing US taxes for expatriates is not a trivial exercise and tax advisers can be very expensive. On the other hand his being a US citizen would make having a joint bank account a bit easier (if one of the account holders is not a US citizen, every withdrawal may count as a gift to a nonresident alien for US tax purposes).

US citizens also face severe restrictions on investments. Specificially, rule 902(k) in Regulation S of the 1933 Securities Act forbids "US Persons" from purchasing, or even accessing information about, securities which are not registered in the US.

[bekahboo714]

Thanks, guys, for your answers. Actually, I didn't know that I wouldn't lose my American citizenship if I became a Canadian Citizen. So you're saying I could have duel citizenship?

I've looked at the website you recommended. I just know that here in the U.S. my husband had to wait months before he could even get a work permit (almost a year) and then he had to wait another couple of years to get a permanent resident card. So I was wondering if I'd have to wait this long in Canada. If I'm interpreting the website correctly it doesn't look like I'd have to wait very long.

He doesn't want to become a U.S. citizen because he's have to give up either his Canadian or Portuguese citizenship. But I do see your point that it would make it easier if we decided to immigrate back to the U.S.

[Marco 72]

Actually, I didn't know that I wouldn't lose my American citizenship if I became a Canadian Citizen. So you're saying I could have duel citizenship?

Yes, see here.

He doesn't want to become a U.S. citizen because he's have to give up either his Canadian or Portuguese citizenship. But I do see your point that it would make it easier if we decided to immigrate back to the U.S.

Your husband would not lose either his Canadian or his Portuguese citizenship by becoming a US citizen. All three countries concerned allow dual nationality. The only disadvantages I can see in getting US citizenship have to do with having to file US taxes and not being able to invest in foreign securities or mutual funds.

[JAJ]

Thanks, guys, for your answers. Actually, I didn't know that I wouldn't lose my American citizenship if I became a Canadian Citizen. So you're saying I could have duel citizenship?

Yes.

I've looked at the website you recommended. I just know that here in the U.S. my husband had to wait months before he could even get a work permit (almost a year) and then he had to wait another couple of years to get a permanent resident card. So I was wondering if I'd have to wait this long in Canada. If I'm interpreting the website correctly it doesn't look like I'd have to wait very long.

As a Canadian citizen he can sponsor you to migrate while still resident in the United States, provided he declares an intention to move back to Canada.

So if you follow the process, you would arrive in Canada as a permanent resident on Day One. After 3 years you could apply for your Canadian citizenship.

He doesn't want to become a U.S. citizen because he's have to give up either his Canadian or Portuguese citizenship. But I do see your point that it would make it easier if we decided to immigrate back to the U.S.

He could keep both citizenships upon becoming American. There are some financial issues to consider, as Marco says - but these are the same that apply to you as an American, anyway.

The only safe way to keep open the option to return (especially independently) is to become a U.S. citizen before leaving.