Feedback appreciated

[masimo24]

Hello my name is Moe. I am a dual citizen in between Canada and Jordan. I was born in Canada, however the last 3 years i have been working in Jordan. I am getting engaged in June to a Jordanian citizen. I am also flying back to Canada right after the engagement to begin the spouse partnership. Now we do not intend to live in Canada. I want her to be able to travel with me when i do visit and as well for when we have kids and such, God willing. I also would like to have a marriage ceremony in Canada too as most of my family resides. Please can someone help me in the right direction? What should i do to start? Thank you in advance.

 

[mikeymyke]

I believe if you're applying for your wife's PR, you have to show that both of you intend to live in Canada. Is the reason you want to get her PR is so she can travel to more countries or have access to the health care system, but still live in her home country? That's the very thing CIC is trying to avoid. Also, if she gets PR, she's supposed to remain in Canada for a certain period of time or she will lose it.

 

[rhcohen2014]

I believe if you're applying for your wife's PR, you have to show that both of you intend to live in Canada. Is the reason you want to get her PR is so she can travel to more countries or have access to the health care system, but still live in her home country? That's the very thing CIC is trying to avoid. Also, if she gets PR, she's supposed to remain in Canada for a certain period of time or she will lose it.

i thought the sponsor and applicant only have to live with each other, not necessarily in canada, just together?

 

[taffy7]

She doesn't have to live with him in Canada ,as long as they live together somewhere it will go towards her P.R time. The only thing she has to do is land and get her documents for P.R.

 

[mikeymyke]

Really? I got this from CIC site:

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.

Or is there something I'm missing? I think that rule kinda makes sense because there would be too many people getting PR, but living in their home countries, and using the PR for free health care, visa free travel, etc

 

[Zarilenth]

Really? I got this from CIC site:

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.

Or is there something I'm missing? I think that rule kinda makes sense because there would be too many people getting PR, but living in their home countries, and using the PR for free health care, visa free travel, etc

No, you're not missing anything! Although the other posters are right, you can live outside of Canada with your spouse after you get your PR but you can't just state on y application that your application will not be living in Canada. (Deleted wrong info)

It's a bit of a technicality I think - the whole 'being outside of Canada after you gain PR as long as it's with a Canadian' is okay in theory but I think that's more for short traveling trips or vacations, not for permanently moving away from Canada. A sponsorship application will be denied if the Sponsor cannot prove intent to move back to Canada once their applicant is approved.

 

[little_apple]

When I landed last weekend the officer told us that I have to live 2 out of 5 years in Canada to keep my PR status. If my sponsor (a Canadian Citizen - not valid for sponsors who are "only" PR) moves to a foreign country for job reasons and I move with him then this time outside of Canada counts towards my PR time.

But I think that CIC wants to avoid that people take advantage of this, obtain PR and then move back to their home country. That's why they want to see that the sponsor will move back to Canada after PR approval.

 

[taffy7]

It's a double edge sword .He is a Canadian citizen so they can live outside the country and she will still be able to apply her time to her P.R. status but on the other hand they want intent to move to Canada .I am sure it won't go down well with Cic if they sate this in their application.

 

[truesmile]

No, you're not missing anything! Although the other posters are right, you can live outside of Canada with your spouse after you get your PR, and it will count towards your 'four years' before you can apply for Citizenship, I don't think you can just state on your immigration application that you will not be living in Canada.

That's NOT true. It counts towards your 2 years out of 5 for PR residency obligations but it does not count towards "Canadian Citizenship".

 

[canuck_in_uk]

Now we do not intend to live in Canada. I want her to be able to travel with me when i do visit

As the others have said, this will be an issue. You are required to prove that you intend to return to Canada permanently in order for your spouse to be granted PR. When a person has been living outside of Canada for several years, CIC usually requires fairly solid proof of the intent to return.

If you only intend for her to visit, she should apply for a multiple-entry TRV.

 

[fandv]

To those of you who are confused (not your fault; the rules can be confusing and contradictory), let me explain all of the rules ;D

DURING THE SPONSORSHIP PROCESS

If the sponsor is a Canadian citizen, he/she IS ALLOWED to be outside Canada, as long as he/she provides proofs that he/she will reside in Canada once the sponsored spouse is granted PR.

Reference: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp (Ctrl F on your web browser and type "If I live outside Canada")


AFTER THE PR HAS BEEN GRANTED

Well, in general, the PR has to be inside Canada for at least 730 days out of every 5 rolling years. Else the PR status gets cancelled.


***BUT***

- If accompanying a Canadian citizen spouse abroad, then the sponsored spouse's time outside of Canada is counted towards maintaining PR status (but not towards getting citizenship). It doesn't matter who the sponsor works for. It doesn't even matter whether or not the sponsor works at all.

- If accompanying a Canadian PR spouse abroad, then the sponsored spouse's time outside of Canada is counted towards maintaining PR status (but not towards getting citizenship) only if the sponsor works for a Canadian business or public service.

More details here (Ctrl F and look for "Time spent outside of Canada")

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

 

[canuck_in_uk]

DURING THE SPONSORSHIP PROCESS

The sponsor IS ALLOWED to be outside Canada, as long as he/she provides proofs that he/she will reside in Canada once the sponsored spouse is granted PR.

Reference: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp (Ctrl F on your web browser and type "If I live outside Canada")

Not entirely correct. If the sponsor is a Canadian citizen, s/he is allowed to be outside of Canada during a sponsorship app. If the sponsor is a PR, s/he MUST be residing in Canada throughout the process.

 

[Zarilenth]

That's NOT true. It counts towards your 2 years out of 5 for PR residency obligations but it does not count towards "Canadian Citizenship".

Ah sorry I thought if you were with a Canadian citizen it did. I thought someone on here told me that

 

[zardoz]

The bottom line is this. If you don't intend to reside in Canada once the PR is granted, don't apply for sponsorship.
CIC are becoming much stricter about the standard of proof of this particular "intent" clause. If they are not entirely convinced, they will refuse the application. It's as simple as that.

 

[jomz]

First things first. The OP states he is getting engaged, therefore if not already common law cannot apply for sponsorship. His fiancee can apply for a visit visa if they want to travel to Canada for a visit and have their wedding here. I can't comment on chances of approval for a visit visa, it varies greatly.