immigration status of my wife

[szidany]

I'm a Canadian citizens who has sponsored my wife. I have applied for her immigration documents to Canada. She has landed on 2004 and entered Canada for 10 days then she left and never return back as seen couldn't handle to live alone specially that I'm working in middle east since that time. She applied for her SIN card but she she didn't get the PR card.
Now I have 2 children who are Canadian citizens as well. And we would like to reactivate my wife immigration status/file.
1- is this possible?
2- if so, what are the requirements
3- do I need to reapply for her and new immigration application?
4- is it possible for her to enter Canada with me anytime at the same immigration papers she already have?

We are looking to go and settle / live in Canada within 2-3 years from now. But is it possible for her to go back to Canada?
I'm looking to your advice with the most legal way directly with government of Canada .

 

[scylla]

Have you been living with her while she has been outside of Canada?

 

[szidany]

Yes all the time with her and I can improve this as well. I'm working in middle east and I was her sponsor.
When the 1st she completed her immigration we thought that she will handle to live alone in Canada. But unfortunately she couldn't and we had to take a decision at that time to leave and live together.

 

[Leon]

Yes all the time with her and I can improve this as well. I'm working in middle east and I was her sponsor.
When the 1st she completed her immigration we thought that she will handle to live alone in Canada. But unfortunately she couldn't and we had to take a decision at that time to leave and live together.

If she has lived with you for at least 2 years out of the past 5 years, she meets the PR residency obligation due to accompanying a Canadian citizen spouse outside Canada. In order to renew her PR card, she would have to apply for a PR travel document, use that to return to Canada and then she can apply to renew her card. However it takes about 5 months to renew right now and it's hard for her to go back and forth without the card.

 

[Msafiri]

1. So did she never receive her PR card or did not provide an address at landing?

2. You can apply for a PR Card even when overseas but need to provide a Canadian address for Card delivery. Search the forum it has examples. You would need to pick up the PR Card in person. If you have no Canadian address apply for a PRTD which is a single use entry with validity ranging from 30 days to 6 months based on visa office. Once in Canada apply for PR Card.

3. If your spouse hold a passport that is visitor visa exempt to Canada e.g USA then she can enter Canada on the strength of this passport. Airline will assume you are a visitor. Downside is airline may want to see a return ticket and you will often get sent to Secondary Inspection...on a day a wide bodied A340 lands you don't want to be there with upto 100 people in line!

 

[zardoz]

Just out of curiosity, did you, as the Canadian citizen sponsor, ever comply with the requirement of returning to Canada to reside after your spouse landed as a PR? Did you ever really intend to do so?

 

[szidany]

Leon,
My wife doesn't have a PR card yet as we didn't receive it. Yes we have address in Canada and it's the same address we received her CIN card.

Msafiri,

I believe u just gave me the best solution. The question now and since I'm in willing to return and settle now in Canada can we freeze her case with government of Canada and officially with legal ways? This only for the next 3-4 years (maybe less).

Zordoz,

Yes I always intend to so. However I'm employed in middle east right now. This will help me to better settle in Canada in the future as will never let me to retain on government well fairs as a lot of people do. Anyways I always want to be straight forward with my government (government of Canada) and that's why I'm asking for your kind assistance people.

 

[Leon]

As long as accompanying a Canadian citizen spouse is counted towards the RO (residency obligation) your wife will continue to meet it so it would be fine for you to wait for 3-4 years.

Applying for a PR card from outside Canada is a bit of a grey area. Some pages on the CIC website say that you must be in Canada to apply but others state that although the application must originate in Canada, you can not be denied for the sole reason that you are outside. If you want to try this, I would recommend that you get a friend or relative in Canada to mail the application for you from inside Canada because people have had problems in the past when trying to mail from outside. Be clear that you are living outside Canada but that your Canadian address is a secure mailing address. The PR card application will be treated as a renewal because although she never had one before, she has been a PR for a long time. Renewals are often mailed to your address these days but it is possible that they request her to pick it up in person. If they do, she could simply travel to Canada if she is visa exempt or she could apply for a PR travel document or if she has a US visa, she could go to the US and enter Canada by land.