Sponsoring Spouse Living Outside of Canada

Permanent Resident Card
1

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

2

Hi

  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.
3

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

4

Hi

  1. As long as you have been residing together abroad for the past 2 years, then she meets her residency obligations.
5

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

6

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,

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,

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

Here is an excerpt,

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

7

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

8

Dear Sir

I understand officer will check for the last 5 years when my spouse is living with me on the same location.

One question here. In my last 5 year I Canadian Citizen made trip to Canada 2 times 1 month each.

Please guide will this effect last 5 years period or not.

Thanks