Can I Come back after PR

[keesio]

it's actually okay for the OP's wife not to fulfill what she promised (relocating to Canada) then?

I imagine that what CIC would have to do is prove that there was no real intent to relocate. Trying to disprove intent is extremely hard. Basically they need so hard evidence that the sponsor lied. It's like PNP or all the hoopla over the clause in the new citizenship bill (intent to stay in Canada after becoming a citizen). It is impossible to enforce.

 

[Rob_TO]

it's actually okay for the OP's wife not to fulfill what she promised (relocating to Canada) then?

Yes exactly. Canada also allows a PRs time spend outside of Canada with their sponsor, to count that time towards PR obligations.

CIC can only judge the intent, and that's it. So even if the plan all along is for a sponsor/PR to remain outside Canada, if they can just show enough intent to return to Canada to satisfy the VO, that is all that matters as there is never any follow-up once PR is granted.

 

[Rob_TO]

I imagine that what CIC would have to do is prove that there was no real intent to relocate. Driving to disprove intent is extremely hard. Basically they need so hard evidence that the sponsor lied.

Yes I would say it's simply impossible to prove, so CIC doesn't bother even trying. Any sponsor could just say they had every intention to quit any overseas job they had to return to Canada, but plans changed shortly after getting PR approval.

CIC is better off investing their time going after actual fraudulent marriages and things like that.

 

[amjad1002]

It is not a requirement that your wife accompany you when landing, so that should be ok if you land alone.

However if you have conditional PR status, you are expected to cohabit with your sponsor for 2 years after getting PR. If you plan to land as PR then BOTH of you go back to Korea to finish work contract, that should be ok.
But if only your wife intends to continue working in Korea while you stay in Canada, that could be a problem since you wouldn't be cohabiting.

hi Rob
so my wife can come back after one week and then i can come back after getting my PR card and yes we will be cohabit so it will all fine for residency oblition .
thanks

 

[fandv]

hi Rob
so my wife can come back after one week and then i can come back after getting my PR card and yes we will be cohabit so it will all fine for residency oblition .
thanks

Even you guys could go back to Korea 1 day since landing, if you guys really wanted to (would be a little physically exhausting though...2 long flights in a row ;D )

About the PR card: hmmmmmmm if you're not in much hurry to go back to Korea, then yes you can wait for it to arrive at your wife's house in Canada (or whatever Canadian mailing address you guys specify). But the PR card can take 2 to 3 months to arrive, and if you reaaaalllly have to go back to Korea soon, you can ask your wife's relative to watch out for the PR card, and once it's arrived, the relative can mail it to Korea for you. I'll let the other members chime in...........Rob, what do you think? Is it safe to mail out PR cards like that, perhaps using DHL or FedEx? (My wife might end up doing the same, so I am curious too )

 

[Saied]

also she will stay at lest one week then she will go and come after 6 months I also go back to Korea and then will come with her.

Cic wont care what you do or go after getting PR, that's upto you. But your wife has to convince Cic that she has substantial and concrete tie with Canada, and that you will not go for govt. benefits once you land there; but she must proof the solid intention to go back to Canada to settle. Conditional PR can differ I believe. applicant has to cohabit with the sponsor in Canada for two or three years. I'm not really sure if the cohabiting outside Canada (where Canada dont have proof that they are actually cohabiting) counts in that matter. :/

 

[fandv]

applicant has to cohabit with the sponsor in Canada for two or three years.

So people with conditional PR have to cohabit for 2 years IN CANADA...?! But what about people like the OP and his wife, who have to go back abroad (in their case, to Korea) for a while...?!

 

[Leon]

No, they don't have to cohabit in Canada necessarily. It says:

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

So two years after they gain Canadian PR, no matter where in the world.

 

[amjad1002]

thanks i want to clear one more thing is any govt immigration department like PR card or SIN card department or health Department want my wife with me when i go there for submiting my application there.?

 

[zardoz]

thanks i want to clear one more thing is any govt immigration department like PR card or SIN card department or health Department want my wife with me when i go there for submiting my application there.?

Not as far as I am aware... As a PR, you are completely independent of your sponsor, apart from your dealings with CIC...

 

[Leon]

thanks i want to clear one more thing is any govt immigration department like PR card or SIN card department or health Department want my wife with me when i go there for submiting my application there.?

After you land, your PR card will be mailed to the address you give. I have heard of people landing in these circumstances without their sponsor and not having had any problems. The immigration officer may ask where the sponsor is and you say finishing up a work contract and then we will move. It should be good enough. You do not need your sponsor with you to apply for a SIN.

 

[amjad1002]

Thanks leon
so its mean she do not to come with me.

 

[remonda]

I have heard of people landing alone in this situation while their sponsor stayed outside Canada and no questions were asked but if you get an immigration officer in a bad mood, you may have a problem. It would be safer to travel together for your landing.

Hi leon
I need your help here my story is, i am the sponsored my husband is the sponsor who is a canadian citizen and is living outside canada for 10 years we have 2 boys the younger is alrealdy canadian the elder we put him on my application he is 15 years old we submit our app on nov 2013 and he got the sponsor approval on 16 Dec 2013 our vo is Cairo for the proofs of intention of the sponsor to return Canada we submit
1-a letter from his employer showing that his contact will be ended at July2014
2-a letter from his sister showing that she knows his plan to return
3-reactivated bank statement puting some money there
4-some jobs and appartment searching from the internet
5-aletter from my husband showing his plan to re establish himself there and that he doesnt wat to leave us alone in Egypt
But in the sponsor questionnair we left the date of my husband return to Canada blank
Last week week we got an email from our vo asking to send another sponsor questinnaire and gave us amonth to fully completed it
My question is why they want this form again are they want more proofs or bec we left the questin blank?
We filled it and we resend all the proofs we sent before, and adding another email from his sister and an email from a shipping company to ship our household when we get the visa and he put an estimated date to return Canada and explain that .
Is this enough and what is your opinion if they will ask for more proofs
Appreciating your reply
Thanks

 

[Rob_TO]

But the PR card can take 2 to 3 months to arrive, and if you reaaaalllly have to go back to Korea soon, you can ask your wife's relative to watch out for the PR card, and once it's arrived, the relative can mail it to Korea for you. I'll let the other members chime in...........Rob, what do you think? Is it safe to mail out PR cards like that, perhaps using DHL or FedEx? (My wife might end up doing the same, so I am curious too )

Yes it should be safe. Just make sure the mailing address you give is a trusted family member or friend. They should use a courier with tracking service (don't cheap out and send it by basic Canada post mail!).

If someone is not visa-exempt, and wants to return to Canada without their PR card in hand, they would of course need to arrange for a special travel document at the local visa office of wherever they are.

 

[sing_tao]

Rob_TO

mine is a complicated question

i am canadian and my wife just got her pr approval
she will land in canada in June 2014.

however, a few months ago her dad got into a serious medical situation, and she wants to stay wif her dad
her plan is to fly here, land as pr, get the pr card and go back to hongkong

she is convincing me to move back to hong kong as well. (apparently need to quit my job as well, i am willing to do that coz rule of "happy wife happy life" :-[

as you may know, there is this rule from 2012, spouse sponsorship needs to cohabit together at the same place for 2 years, i was reviewing the rule but it actually never say it has to be INSIDE canada

my question is, lets say if we move back to HK in the coming 2 years
and maybe things got settle down and we decide to come back, will her PR status still be active? (2 yrs/ 5 yrs rule for PR )

and any questions will be coming from immigration side ?

coz it looks like once she got the pr card, we both moved to Hong Kong.

thanks for your help