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Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.

Sponsoring Spouse after CoPR and before landing 

avsubram
avsubram
Posts: 1


Posted On: 3/10/2020
avsubram
avsubram
Posts: 1
I applied for Canadian PR as a single applicant through FSW Express Entry and received my CoPR and Travel Document printed on my Passport in January. I am an Indian citizen living in USA currently. I have not yet landed in Canada. I am getting married end of March and I want to include my Spouse to my PR application. I understand that this would mean I would have to return my passport back to IRCC and get my CoPR cancelled and submit additional documents. What I am not sure is when I need to inform IRCC about this change in marital status. Is it better to wait until after I get married to notify them or can I notify them about my upcoming marriage? I will not be able to submit my passport back to IRCC before I get married. Hence, I am not sure which should happen first. Any help would be greatly appreciated. Thanks.
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PMM
PMM
Posts: 606


Posted On: 3/11/2020
PMM
PMM
Posts: 606
Hi


avsubram wrote:
I applied for Canadian PR as a single applicant through FSW Express Entry and received my CoPR and Travel Document printed on my Passport in January. I am an Indian citizen living in USA currently. I have not yet landed in Canada. I am getting married end of March and I want to include my Spouse to my PR application. I understand that this would mean I would have to return my passport back to IRCC and get my CoPR cancelled and submit additional documents. What I am not sure is when I need to inform IRCC about this change in marital status. Is it better to wait until after I get married to notify them or can I notify them about my upcoming marriage? I will not be able to submit my passport back to IRCC before I get married. Hence, I am not sure which should happen first. Any help would be greatly appreciated. Thanks.


1. CIC doesn't need to be informed until you are married.
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hardeepbrahm
hardeepbrahm
Posts: 1


Posted On: 3/12/2020
hardeepbrahm
hardeepbrahm
Posts: 1
Hi how can I change name on work permit? Thanks. HB
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Moderator
Moderator
Moderator
Posts: 3325


Posted On: 3/12/2020
Moderator
Moderator
Moderator
Posts: 3325
Hello,

Thank you for using our forum to share your question.

In regards to your question you may find useful information in:

Naming procedures: Managing existing records – Change of name request

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/naming-procedures/managing-existing-records-change-name-request.html#types

We hope you find this information useful.

Thank you again for using our forum.

Settlement.Org

hardeepbrahm wrote:
Hi how can I change name on work permit? Thanks. HB
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alanvcr
alanvcr
Posts: 1


Posted On: 4/4/2020
alanvcr
alanvcr
Posts: 1
HI I was wondering if you could help me.

I'm a Canadian Citizen. There are several reasons why I need to fly between Canada and the Philippines - for business and person matters. My question is - can my wife, who is a permanent resident apply for citizenship if she did not stay the full 1,095 days in Canada but accompanied me for a portion of the time? I found someone who asked a smiler question and found the paragraph below:
"I reviewed the calculation of physical presence in the Immigration and Refugee Act (2001), vis a vis the Canada Citizenship Act (1985) and found the following:
In the Immigration and Refugee Act (2001), the application of paragraph 28 (1) mentions that "(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are:
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province"
On the other hand, the Canada Citizenship Act (1985), mentions in Section 5 Grant of Citizenship, under the Period of physical presence — spouse or common-law partner of citizen the physical presence in Canada is calculation based on the following:
(1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
In this case, for the purpose of counting the days towards the citizenship, which of the above provisions of law is applicable?"
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Moderator
Moderator
Moderator
Posts: 3325


Posted On: 4/30/2020
Moderator
Moderator
Moderator
Posts: 3325
alanvcr wrote:
HI I was wondering if you could help me.

I'm a Canadian Citizen. There are several reasons why I need to fly between Canada and the Philippines - for business and person matters. My question is - can my wife, who is a permanent resident apply for citizenship if she did not stay the full 1,095 days in Canada but accompanied me for a portion of the time? I found someone who asked a smiler question and found the paragraph below:
"I reviewed the calculation of physical presence in the Immigration and Refugee Act (2001), vis a vis the Canada Citizenship Act (1985) and found the following:
In the Immigration and Refugee Act (2001), the application of paragraph 28 (1) mentions that "(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are:
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province"
On the other hand, the Canada Citizenship Act (1985), mentions in Section 5 Grant of Citizenship, under the Period of physical presence — spouse or common-law partner of citizen the physical presence in Canada is calculation based on the following:
(1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
In this case, for the purpose of counting the days towards the citizenship, which of the above provisions of law is applicable?"

Hello There,

Thank you for sharing your situation and question with us.

A permanent resident who has spent time abroad with their Canadian partner may count those days towards their physical presence requirement for maintaining PR status. However, the residency requirement for citizenship requires physical presence in Canada for 1,095 days. There are some exceptions for partners of citizens who are active members in the Canadian Armed Forces, and public civil service. IRCC developed a Physical Presence Calculator resource that may help you calculate this requirement for citizenship.

Here is an excerpt:
To be eligible for Canadian citizenship, you must have been physically present in Canada for at least 1,095 days in the five years immediately before the date of your application. We encourage applicants to apply with more than the minimum requirement of 1,095 days of physical presence, to account for any miscalculations of absences, or any other aspect that could lower the physical presence total below 1,095 days. Please note that you cannot meet the physical presence requirement without a minimum of two (2) years as a permanent resident.
When calculating your time in Canada:
  • only the five (5) years immediately before the date of your application are taken into account;
  • each day you were physically present in Canada as an authorized temporary resident or protected person before you became a permanent resident counts as half a day (up to a maximum of 365 days);
  • each day you were physically present in Canada after you became a permanent resident counts as one day;
  • time spent serving a sentence for an offence in Canada (e.g. serving a term of imprisonment, probation and/or parole) cannot be counted towards your physical presence - there are some exceptions.


We hope this information is helpful. If you have more detailed questions about your specific situation you may want to contact the IRCC Client Support Centre directly. Due to the current situation with COVID-19, it is advised that you contact IRCC using their webform.

If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team
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