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Can my wife sponsor me if I lose my PR status? 

Envisenvis
Envisenvis
Posts: 6


Posted On: 12/6/2020
Envisenvis
Envisenvis
Posts: 6
Hello,
I gained PR via express entry, but I risk losing my PR because I am not staying for 730 in Canada. If an an adjudicator determines I am no longer a permanent resident, can my wife who is a Canadian resident sponsor me to apply for PR again?
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Moderator
Moderator
Moderator
Posts: 3700


Posted On: 12/14/2020
Moderator
Moderator
Moderator
Posts: 3700
Hi there,

Thank you for sharing your question and situation with us.

You may find useful information in the article on Settlement.Org, What are the residency requirements for permanent residents (PRs)? Here is an excerpt:

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. This does not necessarily mean that you will have lost PR status if you do not meet this requirement. An official process must begin for one to lose PR status. IRCC may also take humanitarian and compassionate reasons into consideration for your extended stay outside. This is up to IRCC and it would be best to contact a local visa office or IRCC via web form to get more details about their specific application and what kind of supporting documents they may require.

Regarding sponsorship, you and your wife may want to take a look at the eligibility requirements from the IRCC guide, Sponsor your spouse, partner or child: who you can sponsor. Here is an excerpt:

Eligibility of the people you’re sponsoringTo show they meet the eligibility requirements, your spouse, partner, dependent child and their dependent children (if applicable) must provide:
  • all required forms and documents with their application
  • any additional information we request during processing, including
You can’t sponsor someone who is inadmissible to Canada. This means they’re not allowed to come to Canada.
Read more about eligibility requirements in the instruction guide.



If you are living with your wife in Canada at the moment, you may also find helpful information in the StepstoJustice.ca article, Can I sponsor my spouse or partner who is living with me in Canada?

You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about your situation.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.


Settlement.Org Team
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