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yoshoz

Newbie
May 20, 2017
2
0
Hi there,

My wife and I currently live abroad. I want to sponsor her PR with an outland application, bring to her to Canada, and then go back abroad to resume my work, while returning to visit her a couple times a year. (I'm a Canadian citizen.)

Is there a minimum amount of time I legally have to live with her in Canada after she arrives? I understand that I have to support her for 3 years - that's not a problem (can just send money) - but I want to spend as little time as a Canadian resident as possible. I can't see any guidance or regulation that clarifies this question in the current application forms or related policies.

I understand that I have to prove to the government that I will move back and reside in Canada when they approve her PR. I'll find a way to provide some convincing evidence that, yes, I will be moving back to Canada.

But is there anything that forces me to stay there once I've legally re-established my residence? e.g., Could I come to Canada with her, stay for, say, 6 months, then move back abroad? Do the immigration officials do house calls on PRs during their first 3 years in the country, to check if they're living with their sponsor?

Thanks in advance for your answers!
 
There is no requirement for you to live with your partner in Canada after you arrive. As you said, you need to demonstrate that you intend to move back if the application is approved, but once there, no further checks will be made (especially as Condition 51 has been dropped, so your relationship doesn't even have to last, legally).

As you're a citizen, your wife could continue to live with you overseas after landing, and it would contribute towards her Residency Obligation, so neither of you actually need to be in Canada.
 
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I understand that I have to prove to the government that I will move back and reside in Canada when they approve her PR. I'll find a way to provide some convincing evidence that, yes, I will be moving back to Canada.

So basically you want to lie in your application?
 
There is no requirement for you to live with your partner in Canada after you arrive. As you said, you need to demonstrate that you intend to move back if the application is approved, but once there, no further checks will be made (especially as Condition 51 has been dropped, so your relationship doesn't even have to last, legally).

As you're a citizen, your wife could continue to live with you overseas after landing, and it would contribute towards her Residency Obligation, so neither of you actually need to be in Canada.

Thanks for your helpful response! Yes, I'll demonstrate that I intend to move back, but it's good to know that there's no minimum residence obligation thereafter.

In my current job abroad, I'm able to apply for up to 2 years of "special leave without pay". Doing so would formally end my work visa and other ties in the country I'm living and allow me to move back - but still enable me to return to start up my job again within 2 years. Do you think providing this application to my company as a piece of evidence in my "proof of return" portfolio would be beneficial, or could it do more harm than good? (i.e., implying that I will indeed be leaving Canada again, which might be unpalatable to an immigration officer, even if not illegal?).

Thanks again
 
If I understand correctly you want to get PR for your wife bring her to Canada and then go back to work abroad alone and visit her about twice a year?
I think you can do it without any problem!!
But I understand also that you want to spend as little time as a Canadian resident as possible. I think your problem won't be with the immigration but with the CRA. Having a spouse or common-law living in Canada make you a resident of Canada for income tax purpose. If it's not a problem for you then it's all good. Here the link for CRA: http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html