Permanent resident sponsoring spouse within first 5 years

[keloid]

Hi everyone

I am a permanent resident who entered Canada in May 2015.

Due to time spent outside of the country, I have not yet met my 2 year residency obligation.

However I plan to ensure that I meet my residency obligation in the first 5 year window (i.e. by May 2020).

My spouse is British and I would like to sponsor him now to come to Canada.

Would I be allowed to sponsor my spouse now, so long as I can prove that I will meet my residency obligation by May 2020, or do I have to prove that I have already met my residency obligation before I can think about sponsoring him ?

Thanks in advance!

 

[zardoz]

Hi everyone

I am a permanent resident who entered Canada in May 2015.

Due to time spent outside of the country, I have not yet met my 2 year residency obligation.

However I plan to ensure that I meet my residency obligation in the first 5 year window (i.e. by May 2020).

My spouse is British and I would like to sponsor him now to come to Canada.

Would I be allowed to sponsor my spouse now, so long as I can prove that I will meet my residency obligation by May 2020, or do I have to prove that I have already met my residency obligation before I can think about sponsoring him ?

Thanks in advance!

If, within the first 1825 days since you were granted PR status by "landing" in Canada, you have spent less than 1095 days outside Canada, you are automatically compliant with the Residency Obligation requirements. If this is the case for you, you can safely sponsor.

 

[keloid]

Amazing news... thank you!

 

[keloid]

So just to clarify - are you saying that there is no way I can sponsor until 1825 days have elapsed (so that I can show that within those 1825 days, I have not spent less than 1095 days outside of Canada)?

 

[canuck_in_uk]

So just to clarify - are you saying that there is no way I can sponsor until 1825 days have elapsed (so that I can show that within those 1825 days, I have not spent less than 1095 days outside of Canada)?

When did you land, how many days have you spent in Canada and when do you plan to return?

 

[keloid]

When did you land, how many days have you spent in Canada and when do you plan to return?

Thanks for your reply.

Landed: 9th May 2015.
Days spent in Canada so far: 137

I returned to Canada yesterday and will now remain in Canada (without any more absences) until May 2020 (so to meet my residency obligation)

Let me know your thoughts ​

 

[canuck_in_uk]

Thanks for your reply.

Landed: 9th May 2015.
Days spent in Canada so far: 137

I returned to Canada yesterday and will now remain in Canada (without any more absences) until May 2020 (so to meet my residency obligation)

Let me know your thoughts ​

You are cutting it very close. You can sponsor your spouse but there may be a bit of delay in verifying that you do meet the Residency Obligation.

 

[keloid]

You are cutting it very close. You can sponsor your spouse but there may be a bit of delay in verifying that you do meet the Residency Obligation.

Thanks for your response. How long of a delay are we talking here? I note the processing time is already 12 months...

Thanks

 

[canuck_in_uk]

Thanks for your response. How long of a delay are we talking here? I note the processing time is already 12 months...

Thanks

No one can say. The 12 months is not an average. Most apps are processed faster than that.

 

[keloid]

Thank you

 

[keloid]

Sorry - just one follow up question...

If my sponsor (spouse) has met the PR RO at the time of application of sponsoring me - but then, once the application is submitted, needs to leave Canada and thus does not meet her RO, would she still be able to sponsor me (given that she was eligible to sponsor me as a PR at the time of application)? Or do you think this is too risky?

Thanks

 

[scylla]

Sorry - just one follow up question...

If my sponsor (spouse) has met the PR RO at the time of application of sponsoring me - but then, once the application is submitted, needs to leave Canada and thus does not meet her RO, would she still be able to sponsor me (given that she was eligible to sponsor me as a PR at the time of application)? Or do you think this is too risky?

Thanks

Very risky. You don't know at what point in the process IRCC may check to make sure your sponsor meets RO. If your sponsor does not meet RO at the time they check, this could not only lead to a refusal of your application but also trigger a PR status revocation for your sponsor. RO should be met throughout the processing of the application.

 

[keloid]

Very risky. You don't know at what point in the process IRCC may check to make sure your sponsor meets RO. If your sponsor does not meet RO at the time they check, this could not only lead to a refusal of your application but also trigger a PR status revocation for your sponsor. RO should be met throughout the processing of the application.

noted thank you. To be honest, I did kind of suspect we are pushing our luck. I thought that perhaps the rule was that if the sponsor's RO has been met at the time of the date of application, then sponsor was an eligible sponsor. However, it would appear from what you are saying that the sponsor needs to make sure they meet the RO throughout their period of sponsorship, and until the applicant they are sponsoring gets their PR...

 

[YVR123]

Sorry - just one follow up question...

If my sponsor (spouse) has met the PR RO at the time of application of sponsoring me - but then, once the application is submitted, needs to leave Canada and thus does not meet her RO, would she still be able to sponsor me (given that she was eligible to sponsor me as a PR at the time of application)? Or do you think this is too risky?

Thanks

You sponsor is a PR, she needs to remain in Canada (live in Canada) to sponsor you.

 

[keloid]

You sponsor is a PR, she needs to remain in Canada (live in Canada) to sponsor you.

Thank you.

For the avoidance of doubt, when my sponsor comes to renew her PR card, can I check that (in contrast to the above) when she applies for her PR renewal, she needs to have met her RO as at the date of application ? In other words, so long as she has met her RO at the date of application, immediately following her application, she is able to accrue further absences away from Canada?

Many thanks