Can I sponsor my spouse if i am Canadian PR currently living in US.

[patelhardik19]

Hi,

I am looking for some help/advice for my case. Here is my situation.

I originally migrated to Canada in December 2010 with Student Visa.
Graduated from School in December 2011 and received a temporary Work permit along with fulltime Job.
Feb 2013 applied provincial permanent resident Canada and got it approved in Feb 2014. Also immediately applied for the Federal-Provincial PR.
In between, I got married in Jan 2014 (Spouse working in USA on H1B Visa).
Federal-Provincial PR got approved in September-2014 and I officially moved to the USA permanently with my Spouse and I have started working in the USA since last 2 years in a high-tech company. Then after I have only made a couple of short trips (~week) to Canada.

We both have decided to move back to Canada based on current US immigration securities and longer wait time for the Green card. We can write up a very good plan and we also have close relatives (Candian Citizen) who can support us during the initial days.

Now my question am I still eligible to sponsor my spouse under Family sponsorship program for the Candian PR? If so, what's the processing time for my spouse to get PR card?

My Spouse is also eligible for the express entry queue. we are not sure which way would be the faster to get Canadian PR so that we can start our new life ASAP?

Thanks

 

[canuck78]

Much faster for your wife to do express entry if she scores over 440. If not spousal sponsorship is probably faster but that will take approximately a year. You might not be meeting your RO to actually sponsor your wife. You could also get reported when returning to Canada.

 

[zt2018]

You got married in Jan 2014 and became PR in Sept 2014. Why did you not add your spouse to your PR application? I'm afraid you will not be allowed to sponsor her regardless of your place of residence.

 

[patelhardik19]

You got married in Jan 2014 and became PR in Sept 2014. Why did you not add your spouse to your PR application? I'm afraid you will not be allowed to sponsor her regardless of your place of residence.

We thought about doing that at that time. but based on processing time in 2014 if i would have added my spouse to my pending application it could have delayed my PR significantly. At that time I wanted to get PR ASAP and wanted to move to USA because of some family problem.

 

[np08]

You got married in Jan 2014 and became PR in Sept 2014. Why did you not add your spouse to your PR application? I'm afraid you will not be allowed to sponsor her regardless of your place of residence.

Yeah, if this timeline is correct, OP's spouse is forever excluded from family class as OP didn't declare and add them to their original PR application.

 

[np08]

We thought about doing that at that time. but based on processing time in 2014 if i would have added my spouse to my pending application it could have delayed my PR significantly. At that time I wanted to get PR ASAP and wanted to move to USA because of some family problem.

Since you didn't declare your spouse, they are forever excluded from family class and cannot be sponsored by you. I'm afraid they'll have to immigrate on their own.

 

[patelhardik19]

Since you didn't declare your spouse, they are forever excluded from family class and cannot be sponsored by you. I'm afraid they'll have to immigrate on their own.

I filed my application before I got married. After getting married we notified CIC that we have got married and CIC asked to submit evidence of marriage (submitted marriage certificate and photos) also submit PCC of my spouse and she also had to go through the medical examination. So in my original application, my spouse is included. There was a provision at that time if my spouse also needs PR or not based on that we had to fill out some additional forms which could have delayed my PR application so we have skipped the process of filing forms for my spouse at that time.

 

[np08]

I filed my application before I got married. After getting married we notified CIC that we have got married and CIC asked to submit evidence of marriage (submitted marriage certificate and photos) also submit PCC of my spouse and she also had to go through the medical examination. So in my original application, my spouse is included. There was a provision at that time if my spouse also needs PR or not based on that we had to fill out some additional forms which could have delayed my PR application so we have skipped the process of filing forms for my spouse at that time.

Oh okay, so your spouse was then a non-accompanying dependent. In that case you can sponsor when it comes to that, but from your timeline it doesn't seem you've maintained your residency obligation for your residence in Canada? You got approved just over four years ago and have spent all the time since living in the US with just a few short trips to Canada? That would be your main issue then that puts your own PR status in danger which you'd have to take care of first.

Other than that, since you're a PR and not a citizen, you would have to sponsor her from within Canada (as in, you have to move back to Canada before you start the process). The process for the spousal class averages 12 months.

Since she's eligible for express entry, that's good and means you have other options.

 

[YVR123]

I filed my application before I got married. After getting married we notified CIC that we have got married and CIC asked to submit evidence of marriage (submitted marriage certificate and photos) also submit PCC of my spouse and she also had to go through the medical examination. So in my original application, my spouse is included. There was a provision at that time if my spouse also needs PR or not based on that we had to fill out some additional forms which could have delayed my PR application so we have skipped the process of filing forms for my spouse at that time.

np08 covers most that you need to know.

As a PR and you do not meet RO (2 years in 5 rolling years), you have the risk of reported and be reviewed of your PR status.
If you are able to come back to Canada without being reported, then you need to stay to meet your RO, i.e. 2 years, before you can sponsor your spouse.

It makes more sense for your spouse to apply via Express Entry. And good luck for crossing without getting reported.

 

[patelhardik19]

np08 covers most that you need to know.

As a PR and you do not meet RO (2 years in 5 rolling years), you have the risk of reported and be reviewed of your PR status.
If you are able to come back to Canada without being reported, then you need to stay to meet your RO, i.e. 2 years, before you can sponsor your spouse.

It makes more sense for your spouse to apply via Express Entry. And good luck for crossing without getting reported.

Thanks np08 and YVR123.

Really appreciate for your inputs. Do you know if my student/temporary work visa days can count towards this 2 years of requirements?

 

[scylla]

Thanks np08 and YVR123.

Really appreciate for your inputs. Do you know if my student/temporary work visa days can count towards this 2 years of requirements?

No - they don't count.

 

[canuck78]

You also have to hope you don't get reported when you come back to Canada although if your wife gets PR she can eventually sponsor you. Since you haven't met PR you'll have to plan on staying in Canada until you are back in compliance with your RO. That means no international travel fo work or business for 730 days. Might be a few days less due to vacations.