Sponsorship of spouse confusion!

[Sama.Karady]

Ok, i am a PR but I am currently not living in Canada because I will be getting married soon. The plan is, as soon as i get married, I will go to Canada to look for a job and start my life, and I want my husband to come with me. The confusion here is that I heard that it is nearly impossible for him to have his temporary resident visa approved because it will seem as if he has nothing to get back to in our hometown. However, I can't seem to find any other alternative.. What do u suggest I do?

2. When should I apply for sponsoring him? How long should I wait while living in Canada to start this process? And should we apply for an open work permit at the same time when we send the sponsoring papers for his PR?

3. If his temporary resident visa got approved, how long does it last? And can we ask for an extension when it ends?

4. Last question, can my husband work in Canada while on a temporary resident visa, but jobs that do not require a work permit?

Thanks in advance =)

 

[davek1979]

1) I would suggest that either your husband applies for a visa before you get married and then marry in Canada, or you get married sooner and then fly back to Canada and put in your sponsorship application. The likelihood of him travelling with you is not good to not happening..

2) You can sponsor him immediately after arriving in Canada, assuming you are a landed PR and meet all of the residency requirements. If you are applying inland then you would send in the open work permit. If he is out of the country then don't bother you will not get it.

3) He will have to get to Canada by a date listed in the letter that he is given. The CBSA officer he deals with will then decide how long he can stay in the country. If you want him to stay longer then you can apply for a TRV extension before the original visa is expired, usually about about a month before it expires.

4) He can't work in Canada without PR or a work permit. He can go to school as long as the course is less then 6 months.

 

[Sama.Karady]

Thank you very much for ur replyy...

So assuming he goes there before we get married, he will need a letter of invitation from someone other than me. Can he get it from a family friend?? (This friend has a daughter and a son(teenagers))

And its actually impossible for him to work ANYTHING in Canada before being a PR? I thought some jobs do not require that..

And regarding the pr renewal. If I go live in Canada in the last year of the 5 years, will they take my PR when I leave Canada and by that i wont be able to enter again? And if i stay in canada for another year, so by that ill be in canada for 2 years (but only 1 year within 5), will I get the pr renewal?

 

[scylla]

And its actually impossible for him to work ANYTHING in Canada before being a PR? I thought some jobs do not require that..

He can work before he becomes a PR. However in order to get a work permit, he will have to find an employer willing to hire him. That employer will then have to advertise the job to prove they couldn't find a Canadian to hire for the role and therefore have to hire your husband. That employer will then have to submit paperwork to obtain an approved Labour Market Opinion (i.e. permission to hire your husband). The processing of the LMO will take a few months and cost the employer a few hundred dollars. If the LMO is approved (not all are), your husband can then apply for a work permit.

There are some jobs that don't require a work permit - however they are very few and far between. They are listed here:

http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

 

[Sama.Karady]

Thank u very much....How about the other questions...can anyone help? I'm really desperate

 

[sakamath]

So assuming he goes there before we get married, he will need a letter of invitation from someone other than me. Can he get it from a family friend?? (This friend has a daughter and a son(teenagers))

He could try, but that would be misleading. If you marry and then apply for his TRV, it would be better. The key is to show that he has enough ties to his curent country of residence that he would not over stay his trv. When you come together, you can show his "dual-intent" - intent to stay permanently while at the same time assuring that he would leave Canada if the PR application is refused (rare cases)

And its actually impossible for him to work ANYTHING in Canada before being a PR? I thought some jobs do not require that..

Unless one is a PR or has a valid work permit, no one can work legally.

And regarding the pr renewal. If I go live in Canada in the last year of the 5 years, will they take my PR when I leave Canada and by that i wont be able to enter again? And if i stay in canada for another year, so by that ill be in canada for 2 years (but only 1 year within 5), will I get the pr renewal?

PR works like this:- To maintain PR status, one has the physically reside in Canada for 2 out of the last 5 years. This is determined every time you "enter" Canada. So the first time you "enter" Canada, you have 5 years to complete the 2 year requirement - which is quite possible - hence the officer would allow you. If you leave Canada after one year, the next time you enter Canada, the officer will see if you can meet the residency requirement. If you can (for example, if you return after 2 years you have two more years 5 minus 3 to meet the additional year of residency) then you are allowed, if not (for example, you return after 4 years) then you are not allowed.

To renew your PR, you must live for 2 years in a 5 year period, in your example you would have lived only 1 year (the first year is not counted as that would have been prior to the 5 year limit). Hence you would have to stay for 2 full years again to qualify.

Hope that helps.

 

[Sama.Karady]

He could try, but that would be misleading. If you marry and then apply for his TRV, it would be better. The key is to show that he has enough ties to his curent country of residence that he would not over stay his trv. When you come together, you can show his "dual-intent" - intent to stay permanently while at the same time assuring that he would leave Canada if the PR application is refused (rare cases)

Unless one is a PR or has a valid work permit, no one can work legally.

PR works like this:- To maintain PR status, one has the physically reside in Canada for 2 out of the last 5 years. This is determined every time you "enter" Canada. So the first time you "enter" Canada, you have 5 years to complete the 2 year requirement - which is quite possible - hence the officer would allow you. If you leave Canada after one year, the next time you enter Canada, the officer will see if you can meet the residency requirement. If you can (for example, if you return after 2 years you have two more years 5 minus 3 to meet the additional year of residency) then you are allowed, if not (for example, you return after 4 years) then you are not allowed.

To renew your PR, you must live for 2 years in a 5 year period, in your example you would have lived only 1 year (the first year is not counted as that would have been prior to the 5 year limit). Hence you would have to stay for 2 full years again to qualify.

Hope that helps.

Thank you veryy veryyy much =) you've been a great help

 

[Rob_TO]

PR works like this:- To maintain PR status, one has the physically reside in Canada for 2 out of the last 5 years. This is determined every time you "enter" Canada. So the first time you "enter" Canada, you have 5 years to complete the 2 year requirement - which is quite possible - hence the officer would allow you. If you leave Canada after one year, the next time you enter Canada, the officer will see if you can meet the residency requirement. If you can (for example, if you return after 2 years you have two more years 5 minus 3 to meet the additional year of residency) then you are allowed, if not (for example, you return after 4 years) then you are not allowed.

To renew your PR, you must live for 2 years in a 5 year period, in your example you would have lived only 1 year (the first year is not counted as that would have been prior to the 5 year limit). Hence you would have to stay for 2 full years again to qualify.

But if the person has been living outside of Canada for the past 4 years, would they even be allowed back into Canada? Or at the border would the immigration officer see that there is no way for them to meet the "2 out of 5 years in Canada" rule, and revoke PR on the spot/deny them entry back to Canada?

 

[scylla]

But if the person has been living outside of Canada for the past 4 years, would they even be allowed back into Canada? Or at the border would the immigration officer see that there is no way for them to meet the "2 out of 5 years in Canada" rule, and revoke PR on the spot/deny them entry back to Canada?

Yes - they will definitely be allowed into Canada. As long as your PR card is still valid, immigration officials must let you into Canada. No - immigration officials cannot revoke PR on the spot and/or deny entry for anyone still holding a valid PR card (regardless of whether they have met the residency requirement or not).

However if immigration officials determine you have not met the residency obligation, they can report you. If you are reported, then you will appear in front of a judge within 30 days (I believe) to argue why you should be allowed to retain your PR status. If the judge agrees with you then you're good. If not, then you lose your PR status and must leave Canada within 30 days.

Based on what we've seen here, as long as someone returns before their PR card has expired, the chances that immigration will report them for failing to meet the residency obligation seem to be very low. If the person is not reported, then all they need to do is remain in Canada (without leaving) until they meet the residency requirement and then apply to renew their PR card.