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How to apply, processing time, if you're outside of Canada...

Sponsoring Spouse Living Outside of Canada 

mdixon
mdixon
Posts: 4


Posted On: 4/10/2018
mdixon
mdixon
Posts: 4
Hi, I am Moris a Canadian Citizen living outside Canada and i will appreciate if you could guide me the facts to sponsor my sponsor my spouse.

I migrated to Canada in 2002 and I sponsor my wife and 2 kids in 2004 and they got their permanent residency status and card which was valid from Oct, 2004 to Oct -2009.

Due to some family reason my spouse came back to India after staying for 4 months.

In short she lived in Canada for almost 12 months in 3 different visit out of 5 years which could not meet the residency obligation for renewing P R Card and she continued lived here.


I as a husband also living with her in India and being a Canadian Citizen I used to go Canada and coming back to India.

Now I want to sponsor my wife again and I am living outside Canada.

Should I apply again with the fresh sponsorship process
OR
Is there any other provision to apply.


I will be thankful if you could guide me.



Thanking you
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PMM
PMM
Posts: 473


Posted On: 4/11/2018
PMM
PMM
Posts: 473
Hi

mdixon wrote:
Hi, I am Moris a Canadian Citizen living outside Canada and i will appreciate if you could guide me the facts to sponsor my sponsor my spouse.

I migrated to Canada in 2002 and I sponsor my wife and 2 kids in 2004 and they got their permanent residency status and card which was valid from Oct, 2004 to Oct -2009.

Due to some family reason my spouse came back to India after staying for 4 months.

In short she lived in Canada for almost 12 months in 3 different visit out of 5 years which could not meet the residency obligation for renewing P R Card and she continued lived here.


I as a husband also living with her in India and being a Canadian Citizen I used to go Canada and coming back to India.

Now I want to sponsor my wife again and I am living outside Canada.

Should I apply again with the fresh sponsorship process
OR
Is there any other provision to apply.


I will be thankful if you could guide me.



Thanking you


1. If you are a Canadian citizen residing abroad with your spouse she should apply for a PR Travel document, as she would have maintained her PR status residing with you.
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mdixon
mdixon
Posts: 4


Posted On: 4/12/2018
mdixon
mdixon
Posts: 4
PMM wrote:
Hi

mdixon wrote:
Hi, I am Moris a Canadian Citizen living outside Canada and i will appreciate if you could guide me the facts to sponsor my sponsor my spouse.

I migrated to Canada in 2002 and I sponsor my wife and 2 kids in 2004 and they got their permanent residency status and card which was valid from Oct, 2004 to Oct -2009.

Due to some family reason my spouse came back to India after staying for 4 months.

In short she lived in Canada for almost 12 months in 3 different visit out of 5 years which could not meet the residency obligation for renewing P R Card and she continued lived here.


I as a husband also living with her in India and being a Canadian Citizen I used to go Canada and coming back to India.

Now I want to sponsor my wife again and I am living outside Canada.

Should I apply again with the fresh sponsorship process
OR
Is there any other provision to apply.


I will be thankful if you could guide me.



Thanking you


1. If you are a Canadian citizen residing abroad with your spouse she should apply for a PR Travel document, as she would have maintained her PR status residing with you.


But during Oct 2004 to Oct 2009 I was in Canada she visited and stayed only 12 months in 3 different visit out of 5 years which could not meet the residency obligation for renewing P R Card.

Now I have 2 options mentioned below

1 Should I apply again with the fresh sponsorship process with fee.
OR
2 Is there any other provision to apply.

If you or someone knows or faced this type of situation please guide me.

Thanks
link
PMM
PMM
Posts: 473


Posted On: 4/12/2018
PMM
PMM
Posts: 473
Hi

mdixon wrote:
PMM wrote:
Hi

mdixon wrote:
Hi, I am Moris a Canadian Citizen living outside Canada and i will appreciate if you could guide me the facts to sponsor my sponsor my spouse.

I migrated to Canada in 2002 and I sponsor my wife and 2 kids in 2004 and they got their permanent residency status and card which was valid from Oct, 2004 to Oct -2009.

Due to some family reason my spouse came back to India after staying for 4 months.

In short she lived in Canada for almost 12 months in 3 different visit out of 5 years which could not meet the residency obligation for renewing P R Card and she continued lived here.


I as a husband also living with her in India and being a Canadian Citizen I used to go Canada and coming back to India.

Now I want to sponsor my wife again and I am living outside Canada.

Should I apply again with the fresh sponsorship process
OR
Is there any other provision to apply.


I will be thankful if you could guide me.



Thanking you


1. If you are a Canadian citizen residing abroad with your spouse she should apply for a PR Travel document, as she would have maintained her PR status residing with you.


But during Oct 2004 to Oct 2009 I was in Canada she visited and stayed only 12 months in 3 different visit out of 5 years which could not meet the residency obligation for renewing P R Card.

Now I have 2 options mentioned below

1 Should I apply again with the fresh sponsorship process with fee.
OR
2 Is there any other provision to apply.

If you or someone knows or faced this type of situation please guide me.

Thanks


1. As long as you have been residing together abroad for the past 2 years, then she meets her residency obligations.
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mdixon
mdixon
Posts: 4


Posted On: 4/20/2018
mdixon
mdixon
Posts: 4
Thanks but they will ask about history before the last 2 years too.

But in any case if they disapprove then what option is left for me.

I will have to cancel my previous PR or this will be automatically cancelled while disapprove?

Can I apply a fresh application to sponsor my spouse, if yes then previous history will effect fresh case.

Your suggestion will be appriciated.
Thanks
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Moderator
Moderator
Moderator
Posts: 2546


Posted On: 4/30/2018
Moderator
Moderator
Moderator
Posts: 2546
Hello,

Thank you for sharing your additional question with us.

As PMM has mentioned already, each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen spouse constitutes a day of physical presence in Canada.

You can find some additional and detailed information in the Operational Manual ENF 23 - Loss of Permanent Resident Status,

7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


So from the situation you have described, each day of your spouse accompanying you, a Canadian citizen (spouse,common-law partner or parent), outside Canada, constitutes a day of physical presence in Canada for your spouse's permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


You can find some information regarding Applying for a travel document (permanent resident abroad) (IMM 5529) in the instruction guide.

Here is an excerpt,

OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that


  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age);
  • if you are accompanying a permanent resident, they were employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.

Evidence required
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
  • You are the spouse, common-law partner or child of that person.
Supporting documents may include:
  • marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
  • child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
  • all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
  • school or employment records
  • association or club memberships
  • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
  • any other documents that you want to have considered
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====

Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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mdixon
mdixon
Posts: 4


Posted On: 5/25/2018
mdixon
mdixon
Posts: 4
Thank you for providing useful information.


Besides above positive reply, I have one question is coming and want your suggestion on it before I go ahead.


Suppose if officer is not satisfied and application is not considered then what does it means:


1 Permanent residency is treated as cancelled then (Can I reapply a fresh spousal application without asking them)


2 Is there any other option Information can be provided to officer to consider.


Thanks





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