Please help!! Can i apply PR for my Wife, as i'm currently unemployed??
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Author Topic: Please help!! Can i apply PR for my Wife, as i'm currently unemployed??  (Read 1588 times)
Richie Robert
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« on: March 19, 2013, 07:56:40 pm »


Please Help

Can i apply Pr for my wife as i'm currently unemployed. My mother is working in canada and thru her i got the PR for 5 years, and its gonna expire in july 28 2013. I was doing my undergraduation in india so i wasn't able to come to canada, but i used to come in my vacation period. I was married few months back in india and i just moved here to canada. Can i apply spousal Pr for my wife?? my Pr expires this june.. pls help.. thanks in advance.. god bless you..  
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parker24
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« Reply #1 on: March 19, 2013, 08:00:11 pm »


Please Help

Can i apply Pr for my wife as i'm currently unemployed. My mother is working in canada and thru her i got the PR for 5 years, and its gonna expire in june 2013. I was doing my undergraduation in india so i wasn't able to come to canada, but i used to come in my vacation period. I was married few months back in india and i just moved here to canada. Can i apply spousal Pr for my wife?? my Pr expires this june.. pls help.. thanks in advance.. god bless you.. 

You can yes, but I would renew your own PR before applying to sponsor her. PLUS you must be in Canada.
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Sweden
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« Reply #2 on: March 19, 2013, 08:01:29 pm »

Few things to consider: make sure that your PR is still valid. You need to have spent 2 years out of the last 5 years in Canada.
If you are still a PR, then you can look at sponsorship. As a PR, you need to be physically present in Canada. If you're outside of Canada, you can not sponsor your wife.
Once you are sure that you are a PR, and you are in Canada, then you can file for sponsorship for your wife. If you are unemployed, you will need to explain to CIC how you plan on supporting your family. If you will be staying with your mother, then get a letter from her saying that. Explain your plan to CIC, and you need to convince them that you won't go on welfare. There is no minimum requirement for income, but you need to prove that you have a plan.
Good luck,
Sweden
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scylla
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« Reply #3 on: March 19, 2013, 08:03:50 pm »

You do not have to be employed to sponsor your spouse.

However since you are a PR, you do have to be living in Canada when you sponsor your spouse and you have to continue living in Canada while the application is being processed and until your spouse's application is approved.

The other issue you face is your residency obligation. To keep your PR status, you must live in Canada for two out of every five years. Based on what you have written, it doesn't sound like you meet the residency obligation at this time. If you do not meet the residency obligation, this will create problems when you try to sponsor your spouse and you risk losing your own PR status.

What you should do first is live in Canada long enough to meet the residency requirement (2 out of the last 5 years), you can then apply to sponsor your spouse. You can then also apply to renew your PR card. You should not leave the country again until you meet the residency requirement. If you leave before you meet the residency requirement and renew your PR card, then you may have trouble returning and could lose your PR status.
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truesmile
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« Reply #4 on: March 19, 2013, 08:40:21 pm »

In short, do not attempt to "renew" your PR card until you have met the residency requirements and DO NOT leave Canada again until you do.  If you lose it once, it will only make your case for PR much more difficult on the next go around.
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Richie Robert
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« Reply #5 on: March 20, 2013, 08:08:07 am »

Thank you all for your valuable information. Thank you so much.
I have a doubt can i apply PR for my Spouse as my PR is gonna expire this july 28 2013 and i do not meet the required days to be present in canada in 5 years period. I'm not going to renew my PR until I meet the requirements. And i'm gonna stay here not gonna go out of canada for a while for may be until i renew my PR.
Thank you so much. You all are doing a great job, keep it up.
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Reflectoman
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« Reply #6 on: March 20, 2013, 08:33:24 am »

if you are unable to meet your residency requirements, it is best to wait until you do meet them.  stage 1 is checking the sponsor's approval (ie. you), so if there is doubt that you would qualify since your PR would expiry in july of this year then that may trigger off more inquiries into your own PR status.
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scylla
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« Reply #7 on: March 20, 2013, 11:49:49 am »

Thank you all for your valuable information. Thank you so much.
I have a doubt can i apply PR for my Spouse as my PR is gonna expire this july 28 2013 and i do not meet the required days to be present in canada in 5 years period. I'm not going to renew my PR until I meet the requirements. And i'm gonna stay here not gonna go out of canada for a while for may be until i renew my PR.
Thank you so much. You all are doing a great job, keep it up.

You can't apply to sponsor your spouse now. You will have to wait until you have lived in Canada long enough to meet the residency requirement.
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Richie Robert
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« Reply #8 on: March 20, 2013, 01:03:23 pm »

Actually my PR isn't over yet, can't I sponser my wife. My PR gets expired only on july 2013. Can i do the application process now? Myself I live in hamilton(canada) now. I just moved to canada after completing my undergratuation, please help me with this, anyhow my PR is going to expire on july 2013 and suppose if i apply to renew my PR will my application be accepted. Can I renew my PR(how can i explain the board)? Or sponsor my Wife?

Thank you.
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scylla
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Visa Office......: Buffalo
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File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #9 on: March 20, 2013, 01:25:08 pm »

It doesn't matter when your PR expires. What matters is if you have met the residency obligation. Based on what you have written up to now - you do not meet the residency obligation at this time (to meet the residency obligation, you must have lived in Canada for 2 out of the last 5 years). You need to wait until you meet the residency obligation before you sponsor your wife. If you sponsor her before you meet the residency obligation then you will risk having your own PR status revoked and your wife's applictation refused.

To answer your questions.

No - you cannot renew your PR card right now. You must wait until you meet the residency obligation (until you have lived in Canada for 2 out of the last 5 years).

No - you cannot sponsor your wife right now. Once again, you must wait until you meet the residency obligation.
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Richie Robert
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« Reply #10 on: March 20, 2013, 06:01:03 pm »

Please help me.
What can I do to bring my wife, I completed my graduation in india and I'm going to remain in canada now to wotk.  Will I be having problem without a PR?  anyother problem? after it expires, cause i was told that i can not go out of canada and if i go, I could not possibly come back to canada. so would it be advisable to remain in canada even with the Expired PR. Is it not against law or a crime? Can i bring my wife under visiting visa? or anyother way i could bring my wife here to canada, cause i miss her so much, i just don't know what to do now. please help me with this.
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Reflectoman
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« Reply #11 on: March 20, 2013, 07:49:05 pm »

Please help me.
What can I do to bring my wife, I completed my graduation in india and I'm going to remain in canada now to wotk.  Will I be having problem without a PR?  anyother problem? after it expires, cause i was told that i can not go out of canada and if i go, I could not possibly come back to canada. so would it be advisable to remain in canada even with the Expired PR. Is it not against law or a crime? Can i bring my wife under visiting visa? or anyother way i could bring my wife here to canada, cause i miss her so much, i just don't know what to do now. please help me with this.

you need to enter Canada before your PR expires, if you enter after it expires you will be refused entry and will have to apply for your PR from scratch.  Depending on the immigration officer, they may question you about meeting your PR requirements, but they will let you in.  Once you are inside Canada, you can go about your regular life in Canada until you have met your PR requirements (stay in canada for 2 years within the last 5 years) at which point you would apply to renew your PR.  When you apply to renew your PR the 5 year window preceeding that date is locked in (so if you apply on jan 1st 2014, they only look between jan 1 2009 to dec 31 2013).  within those 5 years preceeding your application you need to show that you stayed in canada for at least 2 years.  during this process of renewing your PR, or while you are spending time in canada to build up the 2 years residing in canada, you cannot leave cause your PR would have expired and if you do leave you will have no way back inside.  if this does happen, you will have to apply to immigrate to canada all over again.

your wife can apply for a visit visa, but to get a visit visa most embassies will want to make sure that the applicant does not overstay their visa.  they look for strong ties to their home country, which would compel the applicant to return either before or when the visa expires.  your wife having you in canada is a very strong tie, so she will need very strong ties in india to balance that out.  if she can't prove those strong ties to india, then the visa issuing officer will believe she has no intention to leave canada once the visa is over and will refuse the visa.  strong ties that she can show are job (employment letter, letter from boss showing that you have x number of weeks off and that you will resume your job on date y), studies (having already paid for the next semester, thus needing to return to finish your studies), family (need to be stronger than that of husband, ie. you).  you should include all of that in her application for a visit visa, focus on showing strong ties to india for which she will have to return.

unfortunately, since you won't be meeting the residency obligation, you can't sponsor her now.  you can do so once you meet your obligation and have renewed your PR.
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