Sponsoring my husband (outland) - must we be kept apart during the immigration process?

[sofo]

Hello,

I apologize in advance if this has already been answered, but maybe due to my inability of framing my question better I was unable to find answers...

I am a Permanent Resident, but I have been leaving abroad for two years. Soon I will have to return to Canada to maintain my PR status.

I want to sponsor my husband to come back with me, he is from India and he is/we are currently living in India. From what I understand, if I want to sponsor him to become a Permanent Resident he will have to wait 12 months (approximately) for the whole process to be completed.

My question is: during those 12 months, is there any way that he can be allowed to be in Canada with me, or must we be kept apart during that year?

I read about the "open work permit" but I don't understand how that works, nor if he would qualify for it as the outland husband of a Permanent Resident. And if he does, how long does it take to get an open work permit?

Basically what I am asking is: is there any way that we can go back together (is there any visa that would allow him into Canada with me) and, if not, for how long will we have to be apart before being reunited?

Thank you all very much!

 

[monkeys89]

Unless you were making an inland application, he cannot apply for the open work permit.

If he can get a TRV and enter the country, you could attempt an inland application, I believe, but you need to be in Canada for that to work.

Otherwise, you need to apply outland as you are not in Canada.

 

[KBH]

Hi. It's important to note (and it seems like you probably know already) you yourself must be in Canada to submit a sponsorship application, as you are a PR and not a citizen.

Your husband can apply for a TRV and if it is approved, he can come to Canada and stay there as a visitor with you while the sponsorship application is processing.

The only way for him to be eligible for the OWP is to apply inland, which he would be able to do if his TRV was approved and he was successfully able to enter Canada. An inland application could only be submitted after he was physically in Canada.

 

[csarah15]

Hello,

I apologize in advance if this has already been answered, but maybe due to my inability of framing my question better I was unable to find answers...

I am a Permanent Resident, but I have been leaving abroad for two years. Soon I will have to return to Canada to maintain my PR status.

I want to sponsor my husband to come back with me, he is from India and he is/we are currently living in India. From what I understand, if I want to sponsor him to become a Permanent Resident he will have to wait 12 months (approximately) for the whole process to be completed.

My question is: during those 12 months, is there any way that he can be allowed to be in Canada with me, or must we be kept apart during that year?

I read about the "open work permit" but I don't understand how that works, nor if he would qualify for it as the outland husband of a Permanent Resident. And if he does, how long does it take to get an open work permit?

Basically what I am asking is: is there any way that we can go back together (is there any visa that would allow him into Canada with me) and, if not, for how long will we have to be apart before being reunited?

Thank you all very much!

I agree with every1 above. Follow these steps
1 - get your husband a TRV(temporary resident visa/visitors visa)
2 - *once he is approved* you both may move to Canada together - apply for an inland application(around 10-12 months to process ) with OWP (open work permit, between 3-4 months process, you husband can also work once its obtained)
3 - *if he doesn't get TRV* no other choice but to apply for outland application (around 10-12 months to process)

 

[Hana Diabas]

How long have u been outside Canada for ? That's a major problem let me tell you !
If u have been living outside Canada for a long time you will be questioned a lot ! And the Outland application is up to 12 months but if u want to sponsor him while he is here with u as an Inland it will take you longer than that ! First step u need to do is come back to Canada and find a job ! U need to show that u belong to here and u are planning on staying !
How long before u can be reunited ?
Only God knows that ! It's a long process !

 

[canuck78]

1. you need to be in Canada to sponsor your spouse]
2. The chances of him getting a TRV to enter Canada is very low but you can try and see if he gets one. If he doesn't you will have to sponsor him while he is in India. It will take around 12 months. You should try to find a job because you and your husband will have two show that you can support yourselves without government help. Getting pregnant does not speed up the process. I know there are some rumours.

I wouldn't waste a few months applying for a TRV and would return to Canada and start the outland sponsorship as soon as possible. Given that you and your spouse have been living in India together it will be pretty clear that your husband is not a true visitor and that he intends to stay in Canada to apply for sponsorship.

 

[Dr.Singh]

Hi
I am a PR and want to sponsor my husband from India. I already collected all the documents and was waiting for just his PCC which I'm hoping to get in 2 weeks. Then I was planning to file his case.
But now I got a medical emergency and need to go back home. Can I go to India after filing his case? Can it cause any harm?

 

[zardoz]

Hi
I am a PR and want to sponsor my husband from India. I already collected all the documents and was waiting for just his PCC which I'm hoping to get in 2 weeks. Then I was planning to file his case.
But now I got a medical emergency and need to go back home. Can I go to India after filing his case? Can it cause any harm?

Yes, if you are away for more than a couple of weeks. You must reside *in* Canada during his application processing, so a short visit to India is ok, but not a long one. If the "medical emergency" is for you personally, you should deal with it in Canada.

 

[canuck_in_uk]

Hi
I am a PR and want to sponsor my husband from India. I already collected all the documents and was waiting for just his PCC which I'm hoping to get in 2 weeks. Then I was planning to file his case.
But now I got a medical emergency and need to go back home. Can I go to India after filing his case? Can it cause any harm?

As a PR, you are required to be living in Canada to sponsor. If you return to India for more than a few weeks, your app could be refused. Wait until you return to file the sponsorship app.

 

[Dr.Singh]

Ok. But I have talked to 2-3 immigration consultants regarding this, and they said that it won't be any problem and I can stay there as long as want. The only thing I have to take care about is to immediately respond to any email received and send any documents asked for quickly.

 

[zardoz]

Ok. But I have talked to 2-3 immigration consultants regarding this, and they said that it won't be any problem and I can stay there as long as want. The only thing I have to take care about is to immediately respond to any email received and send any documents asked for quickly.

OK, but you have been warned... Prepare yourself for the application rejection.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-basic-guide-sponsor-your-spouse-partner-child.html

Who can become a sponsor
You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
  • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
  • You can’t sponsor someone if you are a permanent resident living outside Canada.
• able to prove that you are not receiving social assistance for reasons other than a disability, and;
• can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).

 

[np08]

Ok. But I have talked to 2-3 immigration consultants regarding this, and they said that it won't be any problem and I can stay there as long as want. The only thing I have to take care about is to immediately respond to any email received and send any documents asked for quickly.

Literally at the top of the page here it says that, "You can't sponsor someone if you're a permanent resident living outside of Canada."

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

It's one of the most basic requirements. Canadian citizens must show that they intend to return to Canada and permanent residents must be in Canada in order to sponsor.

You can leave for a short visit or vacation, but you can't actually reside outside of Canada for any longer amount of time and be a sponsor.

Your consultants are wrong and are wasting your time and money if they're unaware of or can't read and comprehend basic requirements to be eligible to sponsor.

 

[Dr.Singh]

Hmmmm. Ok
Thanks for the information

 

[YVR123]

Ok. But I have talked to 2-3 immigration consultants regarding this, and they said that it won't be any problem and I can stay there as long as want. The only thing I have to take care about is to immediately respond to any email received and send any documents asked for quickly.

So your "consultants" are basically telling you to "pretend" to be living in Canada by responding to immigration's requests...

Lying to immigration is not something you want to do.

 

[Hana Diabas]

Hi
I am a PR and want to sponsor my husband from India. I already collected all the documents and was waiting for just his PCC which I'm hoping to get in 2 weeks. Then I was planning to file his case.
But now I got a medical emergency and need to go back home. Can I go to India after filing his case? Can it cause any harm?

My dear I know it's hard to be apart ! I'm going through the same thing ! but don't risk your application ! I would suggest if u have an emerg situation in India then go there and Mail your application after you come back from India ! U need to change your counsler as well , they are not being honest with you ! All the counslers I went through up to now have warned me about leaving Canada before at least receiving the SA letter ! Even after you receive that u can only leave for two weeks to be on safe side ! Once again .. Change your counslers!!!