Are you sure about this? Because i have consulted 4 immigration consultants and they confirmed that i dont need to be in canada to start the process.
Spouse Sponsorship - No Income (Still Eligible?)
- Thread starter haven14
- Start date
See my other post. Hopefully you didn’t pay any of these consultants as all you have to do is read the eligibility requirements.
Yes, we are all 100% sure. The immigration consultants don't know what they are doing. Don't hire them if they are telling you that you can apply from outside of Canada as a PR. You can't. All they are going to do is take your money and screw up your application. They are just after your money. Clearly they don't care about you and/or don't understand immigration rules.
You can apply without a job if you have enough savings and can proof that you will be able to support yours and your spouse's living.
BUT you need to be back in Canada to submit your application. PR can only sponsor when they are living in Canada.
Those consultants are likely outside of Canada and they want your business before you move back. You will be taking your chance if IRCC noticed that you applied outside and refused it. Those consultants are happy to take that chance (vs no business from you since you may find other consultant that's willing to do that with you before you move back). We did see some cases that IRCC missed it or the consultant would suggest you to lie/misrepresent that you are actually inside while you submitted outside. Do not do that.
Hi,
Just wanted to make sure if a PR needs to meet his Residency Obligation requirements, that is to have stayed in Canada for 2 out of 5 years of PR Card validity to be eligible to apply for Spousal and Dependent Child Sponsorship in Canada?
My scenario -
Got PR back in October 2020 and landed in Canada and returned home after a moth.
Got married in 2021 and did not travel back to Canada since then. Had a child this year and now planning to travel together.
Now my question is, will I be able to apply for sponsorship for them once we travel back to Canada. The fact that I have not met the RO yet? or I should wait until I have stayed for 2 years and then apply?
Thanks!
I don't agree with this for the OP's case.
OP is still in compliance with RO provided they return to Canada by October 2023. If the OP returns on or before this date, they can submit the application immediately.
Yes, if they don't have them (yet), would underline that very important for the sponsor to travel and arrive in Canada to remain in compliance with the RO for sponsorship. If out of compliance longer time periods apart might result.
You meet your RO (or will be able to meet your RO) if you stay out of Canada after landing for less than 3 years. (1095 out of Canada in any five years)
If you landed in Oct 2020, you will have Oct 2025 to meet your RO. as post above, you still have till Oct 2023 to return (better to return sooner so you have the flexibility to do short trips in case it's needed).
You do not need to stay 2 years before you apply. It's as long as you protentially can meet RO for your first 5 years, you are good to start the application once you have arrived in Canada.
I repeat the magic number that you need to keep track of - days outside Canada less than 1095 days in any five year period, i.e. five years back from any day (in practice, any day you are examined eg at border or IRCC opens your file for some reason like sponsorship app). The only 'fixed' five year period is the first one, from day of landing to fifth anniversary of landing.
BUT: leave yourself extra room. One of the most frequent type of issues here is PRs who have been abroad, planned to return earlier, and 'something came up' or return and then need to travel or whatever happens. Those who had healthy buffers of time remaining and time in Canada have a lot fewer issues.
In your case: imagine planning to return or returning to Canada but spouse and kid(s) can't right away, need/want to see and/or something happens. With no buffer or small buffer - sponsorship becomes a serious issue, possibly delays of 2+ years beyond the stated processing times.
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