can I sponsor my spouse if I am not currently in Canada?

[yelena]

a theoretical question.

If I am a permanent resident, but I haven't lived in Canada at all, and I am living and working in another country.. Can I apply to sponsor my spouse?
I can commit to live in Canada and provide for my spouse at the time he becomes a permanent resident, but now I am wondering if there is some sort of restriction that says you can only apply to sponsor your spouse or children only after you have spent certain amount of time living in Canada? If there is such a requirement, can someone please tell me more on this topic?

thanks!

 

[Mapleson]

The question becomes how much time you have spent outside Canada.

You need at least 730 days in a rolling 5-year period physically in Canada (exceptions include travelling with a Canadian spouse or working for a Canadian company abroad).

If you can't meet that requirement, you would lose your PR status and would not qualify as a sponsor.

Otherwise, you need to return to Canada while sponsoring your spouse.

 

[MilesAway]

As a PR, you must reside in Canada throughout the process. Only Canadian citizens can sponsor their spouses while living abroad, and they must prove their intent to reside once their spouse gets PR.

 

[scylla]

As a PR, you must reside in Canada throughout the process. Only Canadian citizens can sponsor their spouses while living abroad, and they must prove their intent to reside once their spouse gets PR.

Agreed. You can't sponsor from outside of Canada if you are a PR.

 

[yelena]

what If I haven't lived in Canada at all ? For example, if I was granted PR status thru FSW class, without any prior relationship or ties to Canada.

What is the minimum amount of time you have to be phisicaly present in Canada before you can apply to sponsor a spouse?

 

[Rob_TO]

what If I haven't lived in Canada at all ? For example, if I was granted PR status thru FSW class, without any prior relationship or ties to Canada.

What is the minimum amount of time you have to be phisicaly present in Canada before you can apply to sponsor a spouse?

1. There is no minimum time, but you must be in compliance of the residency obligation. So if you've been outside Canada 3 yrs or more since landing as PR, you would be in violation of RO and wouldn't be able to sponsor.
2. As a PR you must be physically residing in Canada to submit any sponsorship app under family class. And you must stay residing in Canada during the application processing.

 

[yelena]

1. There is no minimum time, but you must be in compliance of the residency obligation. So if you've been outside Canada 3 yrs or more since landing as PR, you would be in violation of RO and wouldn't be able to sponsor.
2. As a PR you must be physically residing in Canada to submit any sponsorship app under family class. And you must stay residing in Canada during the application processing.

in other words... If I land as a PR on 1st of January, I can apply to sponsor my spouse on the same day? I wonder how the immigration will look at this situation and I am wondering if anyone has ever done it this way?

ok.. this is good news

 

[Rob_TO]

in other words... If I land as a PR on 1st of January, I can apply to sponsor my spouse on the same day? I wonder how the immigration will look at this situation and I am wondering if anyone has ever done it this way?

ok.. this is good news

My advice above assumed you got PR as single, then got married/had kids outside Canada after that.

If you have not yet landed as PR, then your spouse/children MUST be declared and examined in your own PR app. So you would all get PR together.

If you fail to declare them, then you can NEVER sponsor them for PR in the future under family class.

 

[scylla]

in other words... If I land as a PR on 1st of January, I can apply to sponsor my spouse on the same day? I wonder how the immigration will look at this situation and I am wondering if anyone has ever done it this way?

ok.. this is good news

Your spouse needs to be included in your PR application. You can't declare them after you land. If you try this, you'll never be able to sponsor your spouse and may end up losing your own PR status.

 

[yelena]

My advice above assumed you got PR as single, then got married/had kids outside Canada after that.

If you have not yet landed as PR, then your spouse/children MUST be declared and examined in your own PR app. So you would all get PR together.

If you fail to declare them, then you can NEVER sponsor them for PR in the future under family class.

I declared I was married and had children, and my spouse and my children are all in my PR application, we have all done our medicals as well.,
my spouse was declared as "non acompaning" as he was not planning to come with me at the time.
my son also not accompanying, as I didn't have legal custudy issues resolved for him.

so at the time of my aplication there were no lies told., only our situation has changed in time

I have been trying to find answers to our situation,. as I really don't think we are an isolated case.. the process takes a long time and a lot of things can change, just like in our situation. my spouse had a really got high earning job and he was planning not to come to canada, at least not straight away. however, this has changed., so now I have to think of the best way to procede and not to put my own PR in danger

 

[scylla]

As long as your husband was declared in your application, you can apply to sponsor him as soon as you land in Canada (i.e. the next day). However you'll have to remain in Canada from the time the application is submitted until his PR visa is approved (this could be anywhere from several months to a few years). Occassional short trips (e.g. 3 weeks) outside of Canada will be fine. Anything longer and you'll risk having the application refused for failing to live in Canada.

 

[Rob_TO]

I declared I was married and had children, and my spouse and my children are all in my PR application, we have all done our medicals as well.,
my spouse was declared as "non acompaning" as he was not planning to come with me at the time.
my son also not accompanying, as I didn't have legal custudy issues resolved for him.

so at the time of my aplication there were no lies told., only our situation has changed in time

I have been trying to find answers to our situation,. as I really don't think we are an isolated case.. the process takes a long time and a lot of things can change, just like in our situation. my spouse had a really got high earning job and he was planning not to come to canada, at least not straight away. however, this has changed., so now I have to think of the best way to procede and not to put my own PR in danger

If you haven't yet landed, then it would probably be much better to simply change your spouse from non-accompanying to accompanying in your current application, and you would get PRs together. Would be much quicker and easier then doing an entirely new sponsorship application under family class after you land.

 

[yelena]

Thank you guys for this! This helps.
now if only immigration rules stay the same for a while