Can a pending US residency application hurt your Canada PR dream? - The Economic Times

Having a prior residency application in the United States will not hurt your chances of getting Canadian PR, a court in Canada has ruled.
In a recent federal decision, the court ruled that an immigration officer’s decision to consider an outstanding US residency application reason to deny Canada PR was unreasonable.

In the case, Khan v Canada (Citizenship and Immigration), an immigration officer doubted an applicant's intention to stay in the country as he already had a pending US residency application.

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The applicant had applied for permanent residence as a member of the Quebec Investor Class. He also had an application for residency in the United States that was filed on his behalf in 2012.
According to CICNews, having the intent to reside in the US does not negate the intent to reside in Canada, the court said, adding that future applicants should not be rejected on these grounds.

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There is no reason why the two cannot co-exist, as the applicant could intend to reside in whichever country granted him residency first. If that country was Canada, he would reside in Quebec, the court added.

Pathways into Canada, from the US

Last week, Canada announced a new work permit for H1-B speciality occupation visa holders in the US to come work in Canada.

Approved applicants will receive an open work permit for up to three years, meaning they can work for almost any employer across the country.

Further, their spouses and dependants can also be eligible to apply for a temporary resident visa. The measure is expected to remain in effect for one year or until IRCC receives 10,000 applications.

American business that have affiliate offices and branches in Canada can also use the Intra Company Transfer to bring important employees to Canada without the requirement to obtain an LMIA.

Employees who work in executive, managerial or specialized knowledge roles may be eligible under this program to work as an intra-company transferee.

Other then these, applicants have numberous pathways to immigrate to Canada, including the Global Talent Stream, Start Up Visa, category-based draws under Express Entry, along with province specific immigration draws.

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Can a pending US residency application hurt your Canada PR dream? - The Economic Times
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