Confused - Husband's pr status preserved?

[hamzay]

I want Clarification and Advise

surfing through various message boards and forums - i am thoroughly confused ???

My husband is the principal applicant ---- wen we get our landing certificate, I would go and start living in Canada with kids. Husband would continue his job outside of Canada. in 3 years time I would be eligible for citizenship. What is my husband's status?? will he lose his PR status? wouldnt his PR status be preserved if I get citizenship before his PR expires?? Please understand this and reply. CONFUSED!

 

[Leon]

Your husbands PR would not be protected in this case. After 3 years outside Canada, he does not meet the residency requirements any more. Maybe he can still get away with visiting Canada without getting any questions but when it comes time to renew his PR card, it will be refused and he will lose his PR. You would however be able to sponsor him again if he ever decides he wants to come live in Canada.

If he still had his PR when you become a citizen and you move to him where he is, his PR could be protected but it is not foolproof because in some cases, they have made a distinction who is accompanying who. A PR who is accompanying a Canadian citizen in another country should not lose his PR but if he is the one working, then he is not accompanying you, it is you who came to join him.

You will however not get your citizenship early enough to save his PR because after you are in Canada for 3 years, he already doesn't meet the residency requirements any more and it will still take you another year to get citizenship because of the processing times.

 

[cooldoc80]

dear hamzay

i'm thinking exactly the way you are but unfortunately when i work and leave my wife theire i would lost my pr
buttttt i guess the best scenario is that i will visit whenever i can + i will let my wife come 3 months per year (so she want get fed up ) and i will visit 3 months per year = 6 months together

so with the 3 months absence after 4 years my wife would become canadian (meaning she could sponsor me ) and come and live with me and i preserve my residency until i finish all my work and finally go back canada


i liked to share my thoughts with you , hope its helpful

but i have a question to leon , incase my wife lives with me after she get canadian citizenship will this means i'm not protected becoz she joined me?? for sure we will find a work for her but i will be working too and will have the highest income does this means i cant protect my residency??


life is so difficult i'm so frustrated that i will have to leave my wife 6 months per year plus she will be alone their and i feel guilty of that but what else can we do , this is the only way so we will guarantee our kids future

 

[Leon]

cooldoc80, you can not use your wife to maintain her residency as a PR and then come and "touch it onto you" where you are. Your PR is only protected if:

a) you are accompanying a Canadian citizen spouse in another country,
b) you are a PR who is working for a Canadian employer who has transferred you,
c) you are accompanying a PR spouse who falls under b)

You will therefore get credit for 3 months a year you are in Canada but you will not get credit for 3 months a year your wife is staying with you in another country so with 3 months a year in Canada, you will lose your PR after 4 years of doing this. You may however get away with travelling to Canada on your PR card until it expires. It is not certain that your PR status will be questioned on entry.

Your wife will be applying for citizenship after 4 years like you said. She must be careful that she is not gone for more than 3 months a year because you can only count time in Canada in the previous 4 years before you apply for citizenship and she must have at least 1095 days (3 years) during those 4 years. She will take about a year to get her citizenship after she applies.

She can sponsor you again like you said but if you are not planning to move to Canada at that point, why not wait with the sponsorship until you are ready to move? If she sponsors you again as soon as you have lost your PR, you will be hoping to keep your PR while living in another country based on that you are accompanying her there. While it is possible that you will get away with it, it is also possible that the visa officer will look at it and say, hey, you have lived there the whole time, you had the job, you are not really accompanying her but the other way around. There are cases of people being refused for that reason. If you wait with the sponsorship until and if you are ready to move to Canada again, as a citizen, she doesn't have to be residing in Canada to sponsor you. She would however have to show that you are ready to move to Canada once you get your PR and that could be a hurdle if you had PR before and were not ready to move to Canada then.

 

[cooldoc80]

thanks alot leon the expert

but one thing i didnt get do you mean if she sponsor me after she get citizenship i have to prove to them i want to come this time??!! how is that?? and if i couldnt they wont let her sponsor me??

thanks for all your detailed explanation you made my life easier

 

[Leon]

thanks alot leon the expert

but one thing i didnt get do you mean if she sponsor me after she get citizenship i have to prove to them i want to come this time??!! how is that?? and if i couldnt they wont let her sponsor me??

thanks for all your detailed explanation you made my life easier

You only have to prove that you intend to come if she tries to sponsor you while she herself is living outside Canada. If she is living in Canada when she applies to sponsor, it will not be an issue. If you were denied for lack of proof in the first case scenario, she would just move to Canada and apply again.