Haven't met RO and want to apply for spousal sponsorship

[soomy11]

Hi everyone, so I haven't met my RO due to being out of Canada for 4 years for medical reasons, and now I'm back. I came in through the airport without issues due to my valid PR card. Can I submit a spousal sponsorship application while I still haven't met my RO?

I've seen this question being asked multiple times on this forum and most people say that it is highly risky to sponsor your spouse when you're in breach of RO. However, I asked two reputed professionals in this field, a lawyer and a consultant, and both of them said that submitting a spousal application won't trigger a RO review and that the only times a review will be triggered is when you're entering Canada or applying to renew an expired PR. How accurate is this? Has anyone done it before?

Any advice would be highly appreciated. Thank you so much!

 

[canuck78]

Hi everyone, so I haven't met my RO due to being out of Canada for 4 years for medical reasons, and now I'm back. I came in through the airport without issues due to my valid PR card. Can I submit a spousal sponsorship application while I still haven't met my RO?

I've seen this question being asked multiple times on this forum and most people say that it is highly risky to sponsor your spouse when you're in breach of RO. However, I asked two reputed professionals in this field, a lawyer and a consultant, and both of them said that submitting a spousal application won't trigger a RO review and that the only times a review will be triggered is when you're entering Canada or applying to renew an expired PR. How accurate is this? Has anyone done it before?

Any advice would be highly appreciated. Thank you so much!

There is always a risk that any interaction with IRCC will trigger review of your RO. We have also seen cases where IRCC doesn’t process family sponsorship until the sponsor meets their RO or they get approved for PR card renewal based on H&C factors.

 

[soomy11]

There is always a risk that any interaction with IRCC will trigger review of your RO. We have also seen cases where IRCC doesn’t process family sponsorship until the sponsor meets their RO or they get approved for PR card renewal based on H&C factors.

I see. If I invite my spouse for a TRV would that be risky as well?

 

[canuck78]

I see. If I invite my spouse for a TRV would that be risky as well?

Her ability to qualify is mainly based on her profile not your invitation but the invitation should be fine. It may be quite different to get a TRV’

 

[soomy11]

Her ability to qualify is mainly based on her profile not your invitation but the invitation should be fine. It may be quite different to get a TRV’

Okay makes sense. Thanks for responding, Its a tough situation to be in honestly. Wondering if anybody else has any other input or suggestion.

 

[Copingwithlife]

Okay makes sense. Thanks for responding, Its a tough situation to be in honestly. Wondering if anybody else has any other input or suggestion.

You can’t expect to be given leniency in everything. You got thru the border inspection without being reported , and now you want the benefit of being able to sponsor someone

 

[soomy11]

You can’t expect to be given leniency in everything. You got thru the border inspection without being reported , and now you want the benefit of being able to sponsor someone

Yeah not expecting any benefits or leniency and never said so. Canada has been good to me, cant complain. Im just studying my options and "coping with life" to the best of my ability if you know what i mean

 

[scylla]

Yeah not expecting any benefits or leniency and never said so. Canada has been good to me, cant complain. Im just studying my options and "coping with life" to the best of my ability if you know what i mean

Here's the long and the short of it. Ultimately you have to decide if you're willing to take the risk. If you submit the application to sponsor your spouse, there is a chance IRCC will open a case against you for failing to meet RO. None of us can tell you how big or small a chance. So it all comes down to how risk adverse you are. If you want zero risk to your PR status, wait until you meet RO. If you are comfortable rolling the dice, then apply now and hope for the best. It's ultimately entirely your call based on your risk tolerance and priorities.

 

[soomy11]

Here's the long and the short of it. Ultimately you have to decide if you're willing to take the risk. If you submit the application to sponsor your spouse, there is a chance IRCC will open a case against you for failing to meet RO. None of us can tell you how big or small a chance. So it all comes down to how risk adverse you are. If you want zero risk to your PR status, wait until you meet RO. If you are comfortable rolling the dice, then apply now and hope for the best. It's ultimately entirely your call based on your risk tolerance and priorities.

Yeah makes sense. Thank you so much for your input.
I'm also exploring the possibility of her coming on a TRV just for a visit but it seems this is difficult these days? I remember I was able to get my mom, dad, and sister to visit me on a trv but that was 10 years ago. Not sure how things are now.

 

[canuck78]

Yeah makes sense. Thank you so much for your input.
I'm also exploring the possibility of her coming on a TRV just for a visit but it seems this is difficult these days? I remember I was able to get my mom, dad, and sister to visit me on a trv but that was 10 years ago. Not sure how things are now.

Very different scenario.