PR + TD update information

I am a Canadian citizen and came to U.S for work on TN visa. My wife had applied for Canadian PR visa from abroad . The application is still in progress. I then sponsored my wife on a TD visa to join me in U.S instead of waiting for the PR application process to finish that will take more than an year.
Its been more than 6 months she is here with me. We have not informed Canadian embassy of her abscence from her home country.
My question is:
1- Is it going to be a problem if I tell them or they find out about it now?
2- I wonder if they will say to my wife that your sponsor(spouse) is not in Canada then why are you applying for permanent residence?
3- Do the process require me to be in Canada when they access her application for PR?(I think they do, that is why I hesitated to inform them earlier but not 100% sure.)
I have proof to show my permanent residence is still in Canada and I plan to go back after my project is finished from U.S.
Any help is appreciated.

Thanks

...
My question is:
1- Is it going to be a problem if I tell them or they find out about it now?
2- I wonder if they will say to my wife that your sponsor(spouse) is not in Canada then why are you applying for permanent residence?
3- Do the process require me to be in Canada when they access her application for PR?(I think they do, that is why I hesitated to inform them earlier but not 100% sure.)
I have proof to show my permanent residence is still in Canada and I plan to go back after my project is finished from U.S.
...

At this point this seems like a much bigger issue than her VA driver's license.

Have you tried posting this on forums that specialize in Canadian immigration? It is mostly Canadian citizens who post here, and a country's citizens are often the worst people to ask about that country's exact immigration procedures.

I do know that, for certain purposes such as applying for Canadian citizenship, a Canadian PR outside Canada is treated the same as though they were in Canada if they are accompanying a Canadian spouse. So it would seem logical that your being in the USA wouldn't be a big issue--but immigration isn't always logical. I'd recommend finding a board more geared towards immigration TO Canada.

Hi,
I am in the similar scenario,
In my case I waiting for my wife PR applied 7 months back, still waiting I have offer to go to US on TN Visa, not sure to wait for her or go to US.
but how did you manage to get her to US. and how are you maintaing address in Canada.
If I can ask is your wife and you from India, and you got her on TD visa from India directly.

Thanks you
V

In your case if you come to U.S on TN visa, you will be able to sponsor your wife on a TD visa. The process is simple and takes only couple of weeks to get the visa stamped. She will apply to U.S embassy in her home country and then she can come to U.S and stay with you for as long as you have your TN status.
Maintaining address in canada is not an issue since you will be temporary living in states for the duration of your work in U.S and your permanent residence is still in Canada. You will be considered a temporary non-resident alien in U.S.
The only part where I am concerned is does it affect your eligibility to sponsor a person to Canada while you are temporarily living outside Canada? It shouldn't as you are still a Canadian citizen and the person being sponsored is your spouse but I am not 100% sure of what Canadian immigration people think of it (They may say if the sponsor is not in Canada then what is the purpose of giving her spouse a Canadian resident visa? They may ask your spouse to wait until you go back to Canada).
This is the reason I havnt told them about my TN status yet and the immigration process is still in progress in my home country. They will eventually find out when my wife will send her passport to them for Canadian visa stamp. But I expect they wont refuse or delay our application at that point in time.

Maintaining address in canada is not an issue since you will be temporary living in states for the duration of your work in U.S and your permanent residence is still in Canada. You will be considered a temporary non-resident alien in U.S.

This is incorrect. There is no requirement to keep a foreign address when on TN, and there is no such thing as a "temporary non-resident alien". TNs living in US are considered resident aliens for tax purposes. They are considered non-immigrants for immigration purposes.

There is no requirement to keep a foreign address when on TN.

He actually asked how he could manage to keep his Canadian address while he is living in states for work(In case he wants to show Canadian immigration his presence in Canada). He didnt ask if he has to maintain a foreign address in US.
Thanks for correcting the error regarding non-resident alien.

Your original statement is still incorrect. he is not considered -- under any test -- as having a permanent residdnce in canada while he is living and working in US under TN.

he is not considered -- under any test -- as having a permanent residdnce in canada while he is living and working in US under TN.

Ok, so you are saying that he can live in U.S and still fulfil the requirements to be a Canadian sponsor of a spouse abroad? That solves mine and his problem then.
If we dont need to maintain Canadian address "under any test" while on TN, does it imply that Canadian immigration will not object on our abscence from Canada?
Thats what we need and I hope you are right on this. Thats what we both are asking at the first place. The problem is not about TN, its about spouse's PR application in progress.
The thing is, not even an immigration officer can advise us on this issue as they dont make decisions until our file is in their hands. And I haven't heard this kind of situation from anybody before. So fingures crossed and thanks for the help.

you are saying that he can live in U.S and still fulfil the requirements to be a Canadian sponsor of a spouse abroad

I'm saying quite the opposite.

If we dont need to maintain Canadian address "under any test" while on TN, does it imply that Canadian immigration will not object on our abscence from Canada?

That is not what I said which was that under these circumstances, there is no set of questions or criteria which you could truthfully answer that would show, indicate, or prove that you are indeed a cdn resident. That is what I meant by "any test".

I did not say you don't need to maintain Cdn address, I'm saying that there is no way to prove that you are maintaining a Cdn address, short of actually moving back and living in Canada.

I have proof to show my permanent residence is still in Canada and I plan to go back after my project is finished from U.S....
Maintaining address in canada is not an issue ...

If you live and work under TN in US, no one -- including the US and Cdn government -- assumes that, just because TN is temporary in nature, that you have a permanent address or presence in canada. So, what proof are you talking about?

If you do not, this will be something that you will have to explain at PR interview, if you chose to submit.

There are many PR applicants who make " 'round the flagpole" landing in canada, for a few days, to get their PR status, but generally, their spouse has had significant Cdn presence just before, or concrete Cdn plans just after the sponsorship process was completed.

You have neither, it would appear.

Your choices are to either submit your docs now, and perhaps fail, or simply wait until you are ready to move back to Canada. In either case, this does not prevent your spouse from living with you in US -- which should be your main focus -- as a TD.

there is no set of questions or criteria which you could truthfully answer that would show, indicate, or prove that you are indeed a cdn resident. That is what I meant by "any test".
I did not say you don't need to maintain Cdn address, I'm saying that there is no way to prove that you are maintaining a Cdn address, short of actually moving back and living in Canada. If you live and work under TN in US, no one -- including the US and Cdn government -- assumes that, just because TN is temporary in nature, that you have a permanent address or presence in canada. So, what proof are you talking about?

Can't I show them that I still have a house in Canada, my utility bills are still under my name and I am responsible to pay them? If so, thats the proof I was talking about. Unless they ask to show my passport to them which I doubt ever happen, there is no way they will be able to find out how long I stayed in U.S and how often do I come back to Canada. I will be able to show ties to Canada that proves I am not gona stay in U.S for long and I plan to go back to my home eventually.

They will definately ask how long I would be in the States on TN and my plans to come back to Canada in case they have an objection in this regard. I will need proofs like my employment contract and a letter from my employer stating my employment end date etc.

their spouse has had significant Cdn presence just before, or concrete Cdn plans just after the sponsorship process was completed.
You have neither, it would appear.
Your choices are to either submit your docs now, and perhaps fail, or simply wait until you are ready to move back to Canada.

I was in Canada when my sponsorship application got approved so I am only concerned about the PR application approval.

In either case, this does not prevent your spouse from living with you in US -- which should be your main focus -- as a TD.

Again this isnt about TD visa at all, I only doubt about my spouse's PR process. I know she can live with me here as long as I am here on TN.

Let me try to make it simple. My application to sponsorship my spouse had been approved in May 2010. I came to U.S somewhere in July2010. My spouse joined me on TD visa in U.S in Nov 2010. Her PR application process is still going on in a Canadian embassy in her home country. Now all I want to know is if Canadian immigration has any objections on me not living in Canada while my spouse is about to enter Canada.(since in the sponsorship agreement we promise to support them when they arrive in Canada).
Now the Canadian embassy will only know about my abscence from Canada when they see my spouse's passport and that TD visa stamp on it. I am just hoping they won't even bother about it at that moment but even if they do, I can show ties to Canada and my contract to end my employment next year and go back home. I am just not sure what they decide at that time.