Spousal sponsorship

[Sama.Karady]

If i am a PR and my husband came to visit me with a TRV, and during his stay in Canada he found a college that he wants to join...Can he apply for a study permit from inside canada?

 

[zardoz]

I had a quick look on the CIC web site and couldn't find anything that said he could apply from inside Canada. All the assumptions seem to be that you are outside the country and you apply at your local visa office.

As one of the conditions of a study permit is that he must show that he will return home once his study is over, I am not sure that it would be granted in his case anyway. His links to Canada are too strong, and the fact that he is in Canada trying to apply would indicate that his links to his home country are not strong enough. I suspect that this is a non-starter.

 

[Sama.Karady]

Thanks a lot for your reply....

Now lets say that I sponsor him to take the PR, and he got accepted...Will the time he spent in Canada before actually becoming a PR be counted as days he spent in canada?

 

[zardoz]

Is this for PR purposes or for citizenship purposes?

 

[Sama.Karady]

PR purposes...we're supposed to stay in canada for 2 years within the 5 years from the day on landing....so will the time he spent in canada with me (a pr resident) be counted for him when he takes his PR?

 

[Leon]

PR purposes...we're supposed to stay in canada for 2 years within the 5 years from the day on landing....so will the time he spent in canada with me (a pr resident) be counted for him when he takes his PR?

Like you said, he needs to stay in Canada 730 days (2 years) in the 5 year period from the day of his landing. Time spent in Canada before landing will not count.

Also keep in mind that after being a PR for 5 years, you still need 730 days in Canada in any rolling 5 year period. When you have been a PR for more than 5 years, the 5 year period is always the last 5 years.

 

[ojaperson]

If you have been outside Canada for 4 years and want to enter for the last year, it is possible that immigration will realize when you enter Canada that you do not meet the RO (residency obligation). If they do, they may report you which is the first step towards revoking your PR status. You would be able to appeal that but it would depend on your reasons for not meeting the RO if they will let you keep your PR or not.

If you are able to enter without a problem, you could stay for 2 years straight to bring your PR status back in good standing. It does not matter if your PR card is expired for the 2nd year. If you apply to renew with 2 years in the past 5, you will get your renewal. However, you should not risk leaving Canada during the 2 year period and you should not apply for anything from immigration, including not to sponsor your spouse. If you try to sponsor your spouse when you do not meet the RO yourself, immigration will examine your case and if you did not have good reasons for staying outside Canada, they can revoke your PR.

Nobody will take your PR card when you leave Canada but once it is expired, you will have a problem entering Canada and you can not renew it if you do not meet the RO.

Getting a TRV is hard for someone who is married to a PR. Therefore, it may be better for him to apply before. If you sponsor him inland, you could apply for an open work permit at the same time which may be granted after 6-8 months with the current processing times. He would have to stay in Canada throughout the processing time of his PR. If you choose to sponsor him outland, he can be in Canada on a TRV if he has one or he can go home but he would have no right to an open work permit.

Otherwise, if he wants to work and can find an employer who applies for a labour market opinion for him so that he can apply for a work permit, he could work. Without a work permit, it's hard.

Hi Leon, thanks so much for all the information you have been giving out on this forum, they have been really enlightening. Keep up the good work. The case you replied too, above is kinda similar to mine. I got my PR in May this year and went back to England to continue my work till I get my licence to practice in Canada. I'm due to write my exams in May 2014 which is when I plan to return to settle. I am getting married in December this year and my fiancé and I are contemplating doing the inland application, the plan is that she applies for a visitor visa before we get married so we can leave for canada together. My question mainly has to do with proof of income and employment. Since I will just be settling into the country and with no job offer yet, what can I use as evidence to support my application as a sponsor? Any info will be helpful.
P.S. We are currently in a pond distance relationship, we don't intend to carry that into our marriage, lol

 

[Leon]

My question mainly has to do with proof of income and employment. Since I will just be settling into the country and with no job offer yet, what can I use as evidence to support my application as a sponsor? Any info will be helpful.

Applying right away without a job is a bit shaky. There is no specific income requirement for the sponsor but immigration wants to know that you will not end up on welfare so showing some income would be better. You could wait with the application until you have a job or at least a survival job. As long as you apply before her 6 months are up and include an application for an open work permit, she would have implied status and can stay in Canada.

 

[rxpei]

I hope someone can help me....
I (American) married my husband who is Canadian and we filed INLAND application. It was received on 10/24/12 and started processing on 12/19/2012, we have not heard anything and not even AIP. While I was reading many posts about inland application. It stated that I have to stay in Canada while the application is in process but with US passport, I can only stay for 6 months. Therefore, I do travel back to NY quick often so I don't want to break any laws. My questions, whether traveling back to NY can delay or effect my application?
2) If I am correct, once the PR is issued and apply for citizenship, the days of staying in Canada will count toward the citizenship but not the case before the PR. If I am wrong, please correct me.
Thanks..

 

[zardoz]

What is the residence requirement?
To be eligible for Canadian citizenship, you must have lived in Canada for at least three years (1,095 days) out of the four years (1,460 days) preceding your application. Please note that you cannot meet the residence requirements for citizenship without a minimum of two (2) years as a permanent resident.

When calculating your time in Canada:

only the four (4) years preceding the date of your application are taken into account;
each day you lived in Canada before you became a permanent resident counts as half a day;
each day you lived in Canada after you became a permanent resident counts as one day;
time spent serving a sentence for an offence in Canada (e.g. prison, penitentiary, jail, reformatory, conditional sentence, probation and/or parole) cannot be counted toward residence - there are some exceptions to this rule;
absences from Canada may have an impact on your residence. Only a citizenship judge can determine if you meet the residence requirements with fewer than 1,095 days of physical presence.

 

[CanadianJeepGuy]

Does anyone know how applicants are notified if they are unsuccessful at obtaining a TRV from Manila?

 

[Sama.Karady]

Like you said, he needs to stay in Canada 730 days (2 years) in the 5 year period from the day of his landing. Time spent in Canada before landing will not count.

I heard something about each day counting as half a day when you are not a PR. Does this apply only when I am applying for the citizenship application?

 

[keesio]

I heard something about each day counting as half a day when you are not a PR. Does this apply only when I am applying for the citizenship application?

Yes.

 

[AramCrystal]

Hello, I have a few questions. It seems the more I read the more confused I get?!

My wife and I are currently in the US we can't figure out what would be best.
1) I can go up on a SWAP work visa (because I just graduated I can get one) which is good for 1 year and apply from within Canada or
2) we apply from outside of Canada and move up as soon as I get a open work visa.
(we do not want to be speared during the process)

If we apply from outside of Canada how soon can I get a open work visa? As soon as I get one we would both move up. At this point we would both be in Canada then we would have an interview in Canada? or would we have to go back to the US? ( I don't understand this part at all? where is the paper work for getting an open work visa while being a sponsored spouse?)

If we are in Canada how long would it take me to get an open work visa?

She is a Canadian citizen and I am an American citizen.
What is the best option so we don't have to be apart?
What are peoples thoughts to what is the best option?

 

[Betina]

Hello, I have a few questions. It seems the more I read the more confused I get?!

My wife and I are currently in the US we can't figure out what would be best.
1) I can go up on a SWAP work visa (because I just graduated I can get one) which is good for 1 year and apply from within Canada or
2) we apply from outside of Canada and move up as soon as I get a open work visa.
(we do not want to be speared during the process)

If we apply from outside of Canada how soon can I get a open work visa? As soon as I get one we would both move up. At this point we would both be in Canada then we would have an interview in Canada? or would we have to go back to the US? ( I don't understand this part at all? where is the paper work for getting an open work visa while being a sponsored spouse?)

If we are in Canada how long would it take me to get an open work visa?

She is a Canadian citizen and I am an American citizen.
What is the best option so we don't have to be apart?
What are peoples thoughts to what is the best option?

Can you apply for an open work permit while you apply for sponsorship outland? I knew you can apply for that only if you apply inland and you can get it only after Stage 1 - Sponsorship approval (6-8 months).

Here are the rules about open work permits: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17