Advice to apply PR or not under Spousal Sponsorship

[ketan86]

Hi Everyone, I am seeking advice on to whether apply for PR or not under spousal sponsorship. This question arises due to the unique situation I am currently in. Here is the background.

I am an Indian citizen working in the US since 2011 on H1-b. My wife moved from Canada to the US in 2014 and living in the US since then. My wife's family lives in Canada and I have been using a visitor visa to visit Canada with her till now. We are in the last stages of the Green Card process in the US and expect to get the Green Card this year. I may not need Visitor Visa after getting US green card. Till now, I was under the impression that I have to live in Canada to apply for PR but I recently got to know (never had a need to explore this option) that Canadian citizens can sponsor their spouse living outside Canada (outland sponsorship program).

My motivation to apply for PR:

1. Because I can
2. PR sounds cooler than Visitor. (Who can appreciate the PR more than an Indian waiting for a Green card in the US for more than 10 years . My new hobby is the collect PRs lol)
3. If immigration rules get tougher, I might have to do more procedures to get PR in the future.
4. Moving to Canada becomes easier if PR is in hand. (just a side option)
5. If they allow me to get citizenship without living there (hypothetical). Is it even possible or will be possible?

We do not have an immediate plan to move to Canada but things could change. I want to secure the PR but seeing the following challenges :

1. Have to prove that we will return to Canada once I get the PR.
2. Despite having options (visitor, future US green card) to enter Canada, spend money to secure PR.
3. After receiving the PR stamp, have to visit Canada (trip expenses) to get the PR card.
4. Renew PR (if never decides to move to Canada, what problems I could have while renewing the PR?)
5. Some tax and other things that I am not aware of.

Based on these questions, I need some advice as to whether secure PR now or do it when needed. I am ok to spend money but don't want to If I can not renew it or just use it for visiting.

It would certainly help me to make a decision to apply for PR or just wait till we find a need. Thank you in advance.

 

[ketan86]

Hi Guys, can anyone comment on this post ?

 

[scylla]

Hi Guys, can anyone comment on this post ?

IMO there is no point in applying unless you plan to relocate to Canada and live here permanently as soon as you get your PR visa approved. Do you actually plan to move here soon? If not, no point applying and you are unlikely to be successful.

It's impossible to get citizenship without living in Canada for several years after you become a PR.

 

[ketan86]

Thanks, @scylla. We do not have an immediate plan but can the spouse of a Canadian Citizen obtain PR without much restrictions ? No one knows how rules could change in the future so the only motivation for me to get PR is to avoid future lengthy processes. If its easy to get or renew, I would do it.

 

[YVR123]

Thanks, @scylla. We do not have an immediate plan but can the spouse of a Canadian Citizen obtain PR without much restrictions ? No one knows how rules could change in the future so the only motivation for me to get PR is to avoid future lengthy processes. If its easy to get or renew, I would do it.

If you became a PR and do not live enough time in Canada, (i.e. do not meet RO), you will be questioned when you cross the border. And CBSA can decide to report the case and your PR can be revoked (after the appeal process). To meet RO outside of Canada, the PA has to proof that he/she is accompanying the citizen spouse for that spouse's work outside of Canada.

If you and your spouse never relocated to Canada and is continuing your work in US, that doesn't seem to fit that picture of accompanying your spouse's work outside.

Also.. part of the application to sponsor a spouse outland is to provide proof of plan to relocate back to Canada. How would you approach that?

You can wait till you are ready to move to Canada and plan to apply then.

 

[scylla]

Thanks, @scylla. We do not have an immediate plan but can the spouse of a Canadian Citizen obtain PR without much restrictions ? No one knows how rules could change in the future so the only motivation for me to get PR is to avoid future lengthy processes. If its easy to get or renew, I would do it.

To be approved, you need to provide hard evidence in the application that you plan to move to Canada and live here as soon as your PR visa is approved. How are you going to prove that if that's not in fact your plan?

 

[Ponga]

Thanks, @scylla. We do not have an immediate plan but can the spouse of a Canadian Citizen obtain PR without much restrictions ? No one knows how rules could change in the future so the only motivation for me to get PR is to avoid future lengthy processes. If its easy to get or renew, I would do it.

Definitely NOT easy to get...especially for someone in your situation. Don't try to get PR just to make it easier when you want to `visit' Canada with/without your Canadian spouse.

 

[armoured]

We do not have an immediate plan but can the spouse of a Canadian Citizen obtain PR without much restrictions ? No one knows how rules could change in the future so the only motivation for me to get PR is to avoid future lengthy processes.

I agree with others that this basically does not make sense.

One note: there are very few indications, or even hints, that rules about sponsoring spouses for citizens (or even PRs) will get more difficult in the future. To the extent there is public attention paid to this, media coverage is 90% complaints about processing (mistakes and speed).

"Never say never" but a serious restriction in ability to sponsor one's spouse is just not on anyone's agenda.

 

[ketan86]

Thanks, Everyone for providing valuable opinions on this. I think I am also including towards not applying at this moment but it does not hurt to dig deeper to evaluate and decide. I think I am making an informed decision so I am happy about that.