Going ahaed of sponsor

[cirics5290]

Hi,

I got PR visa by being sponsored by my spouse. Visa expired at 29 of May 2015. I want to go in January to prepare everything before my wife and child come in May. Can I enter Canada without her as my sponspor?

Thanks alot

 

[Leon]

Yes, you have a PR visa so you can enter Canada without your sponsor. However, note if you have condition 51 on your PR, you must cohabit with your spouse for 2 years after getting PR. This means that you may not be separated from your spouse for very long.

However, if you already had a child before applying for sponsorship or you were together for more than 2 years before applying, you would not have condition 51 on your PR.

 

[cirics5290]

I don't know did you understand me well
Sorry if boderig but I just want to be sure 100%.
We are living outside of Canada.
She had sponsored me outside of Canada.
We got answer 10 days ago, and my plan is to go in January and prepare everything till May, when they will come.

Thanks once again

 

[Leon]

I don't know did you understand me well
Sorry if boderig but I just want to be sure 100%.
We are living outside of Canada.
She had sponsored me outside of Canada.
We got answer 10 days ago, and my plan is to go in January and prepare everything till May, when they will come.

Thanks once again

Did you already have a child together when she applied to sponsor you? If you did, then you do not have condition 51 on your PR so you do not have to cohabit with your wife for 2 years after getting PR in which case you may land and stay in Canada and prepare for their arrival.

Or.. if you did not yet have a child together when she applied to sponsor you but you were already married for two years if you applied as married or common law for 2 years if you applied as common law, then you would not have condition 51 on your PR and so you do not have to cohabit with your wife for 2 years after getting PR in which case you may land and stay in Canada and prepare for their arrival.

However, if you did not have a child together when she applied to sponsor you and you were not yet together for 2 years when she applied to sponsor you, then you likely have condition 51 and that means you must cohabit with your sponsor for 2 years after you land as a PR. Being separated for a full 4 months is a bit long to be able to say you are cohabiting.

 

[cirics5290]

Hi again,
In any case I asked Vienna office. This is our conversation.
So I dont know are you right with that condition 51..


"Dear,

I have sponsored under the family class my husband and our son(2years old) and their Applications for Permanent Residence have been approved by Canadian Immigration Office in Vienna.

My question is If my husband can enter Canada before us (our son and me), and the reason is described bellow?

As we live outside of Canada, our plan is that my husband moves to Canada in January so that he can prepare everything for me and my son to come to Canada after him, in May 2015 (meanwhile, he will find, rent and furnish apartment, find job, etc.). It is much easier for him to go alone, to organize everything so that our child will not be stressed and it would be too complicated to go all together and stay in hotel before we can arrange everything for normal living.

Thank you so much for your understanding and hope your response will be positive.

Regards,"

---
"This refers to your below inquiry; Pleas be informed that the sponsor should return to Canada prior or at least at the same time as the sponsored principal applicant (your spouse) travel to Canada to obtain Permanent Resident status."

 

[Leon]

So you asked the visa office and they are telling you that your sponsor should travel with you or before you. Their reply is crystal clear.

 

[cirics5290]

Their answer is crystal clear, but in that case you gave me wrong answer.. And I am asking you how many of your 20100 posts are wrong!? Please, next time, if you don't know something about some topics, don't write anything.

Thanks anyway, at least we now know what is the rule..

 

[Leon]

Their answer is crystal clear, but in that case you gave me wrong answer.. And I am asking you how many of your 20100 posts are wrong!? Please, next time, if you don't know something about some topics, don't write anything.

Thanks anyway, at least we now know what is the rule..

No, I did not give you the wrong answer because there is no rule that says your sponsor must land at the same time as you or before. The only problem would be if you have condition 51 on your COPR in which case you must cohabit with your sponsor for at least 2 years after getting PR.

However, since you did not trust my answer and insisted on asking the visa office, I think you will have to do as they say in case they check up on you.

 

[cirics5290]

Hi again Leon,

Sorry for my replay, I didnt mean to be rude. I spoke to my lawyer, AND YOU WERE RIGHT. I just reacted that way because I am stressed.
I shoudnt ask them. Now I have to wait and enter with my sponsor.

I apologize once again. Hope you will understand. People make mistakes...

Best regards