Once approved, how long before you must move to canada

[alex.khan]

hi guys, im new to this board, just wondering if i can get some advice:

i just filled out an application recently to sponsor my wife from pakistan. i am a canadian citizen but she is not. i was just wondering, assuming our application gets approved, is there a timeframe in which she has to move to canada by? if so does anyone know how long this timeframe is? thanks!

 

[mahmed17]

hi guys, im new to this board, just wondering if i can get some advice:

i just filled out an application recently to sponsor my wife from pakistan. i am a canadian citizen but she is not. i was just wondering, assuming our application gets approved, is there a timeframe in which she has to move to canada by? if so does anyone know how long this timeframe is? thanks!

Welcome to the immigration world in Islamabad ;D
You should join the thread for people who are going through the Islamabad office. Right now processing times are approximately 21 months. But usually most cases are being finalized anywhere from 16-20 months after the process starts in Islamabad. Once your wifes file is approved and everything is done (and you have almost gone crazy from the horrible waiting time ) then they will issue the visa to her which will expire either when her passport expires or when her medical expires whichever of the two is closest in date.

 

[toby]

To answer the question you asked, I don't think there IS an official time frame for a PR to settle in Canada. I've never read anything in the CIC website to indicate any time frame.

If your PR wife is with you, and you are a citizen, she can count the days spent with you abroad toward her PR quota of 2 years out of five "in" Canada. So, CIC does contemplate the possibility of a PR remaining outside Canada with her/his Canadian spouse.

However, I'd imagine that at the time of renewing her PR status, if you have not lived in Canada by then, CIC might get concerned.

Still, I am going by reason, and that is not always a good idea. I'd love to hear from the seniors on this point.

 

[alex.khan]

thanks a lot for the replies guys! i would love to hear any other opinions on if there is any time period with which my wife would have to move to canada once approved.

 

[fprince]

hi guys, im new to this board, just wondering if i can get some advice:

i just filled out an application recently to sponsor my wife from pakistan. i am a canadian citizen but she is not. i was just wondering, assuming our application gets approved, is there a timeframe in which she has to move to canada by? if so does anyone know how long this timeframe is? thanks!

Yes, before the expiry of the Visa.
Usually your Visa will expire 1 year after you took your medicals but CIC Islamabad has longer processing times for PR applications....

So if i understand your question correctly once she is approved she will get a visa on her passport..she HAS to land before the expiry date indicated on the visa.

And..landing is different and moving is different.........she can leave Canada the next day she lands, no big deal.

you need to state what you plan to do once she gets a visa?

 

[steaky]

thanks a lot for the replies guys! i would love to hear any other opinions on if there is any time period with which my wife would have to move to canada once approved.

And also, if your passport will be expiring less than 1 year, the visa will have the same expiry date as the passport.

 

[toby]

Sorry, perhaps I misinterpreted your question.

Once your spouse gets the one-time COPR (permission to land in Canada) that COPR expires when the passport does, or when the medical expires (one year after date of issue), whichever comes first.

However, once landed, your spouse applies for a PR card, and that "visa" is good for 5 years. Your spouse ca leave Canada if desired. As far as I know, there is no deadline for actually moving to Canada to live.

However, when it comes time to renew PR, and get a new card, your spouse must have spent 2 years in Canada (or been with a Canadian spouse abroad) out of five years.
.

 

[steaky]

However, when it comes time to renew PR, and get a new card, your spouse must have spent 2 years in Canada (or been with a Canadian spouse abroad) out of five years.

As per the Immigration Act Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:
• is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
• is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

 

[toby]

As per the Immigration Act Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:
• is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
• is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

Right.

However, it is useful to understand "accompany" where the Act states that days outside Canada count toward the PR quota if the PR "is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent". The Operational Manual covering this point (I'll look it up if anyone wants) clearly states that it does not matter who is accompanying whom. The importance of this point is that is is unnecessary to prove that the Canadian had the primary reason to be abroad, and that the PR was accompanying him/her. It could be that the PR needed to be abroad, and the Canadian spouse accompanied the PR. As long as they are together, the days abroad count toward the PR quota.

 

[steaky]

Right.

However, it is useful to understand "accompany" where the Act states that days outside Canada count toward the PR quota if the PR "is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent". The Operational Manual covering this point (I'll look it up if anyone wants) clearly states that it does not matter who is accompanying whom. The importance of this point is that is is unnecessary to prove that the Canadian had the primary reason to be abroad, and that the PR was accompanying him/her. It could be that the PR needed to be abroad, and the Canadian spouse accompanied the PR. As long as they are together, the days abroad count toward the PR quota.

No, it does matter who is accompanying whom.

In the case of a PR parent accompanying a Canadian citizen child in their home country, the days abroad does not count toward the PR of the parent, even they are together.

 

[toby]

No, it does matter who is accompanying whom.

In the case of a PR parent accompanying a Canadian citizen child in their home country, the days abroad does not count toward the PR of the parent, even they are together.

That’s true, Steaky, but that is a different point entirely from the point I was making.

I was referring only to two adults (PR and Canadian citizen) who are spouses or common-law partners, living together abroad – where the PR can count the days spent abroad toward the PR Quota. My point was that it doesn’t matter which one accompanies the other – PR or Canadain -- and this is still my point.

You raise the issue of children, and correctly say that a PR parent may not spend time abroad with a Canadian child, and count those days. But when you say “it does matter who is accompanying whom”, without specify who are the “who” and the “whom” , I fear some might be misled into thinking that it also matters whether PR accompanies spouse or vice-versa. It doesn’t matter.

That is the executive summary. For those craving more detail, here it is.

The Act countenances several situations where the PR is abroad with a spouse working for a Canadian company or the public service. I was not referring to those. I was referring to the situation where the PR “is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;”

There are three possibilities:
1) a Canadian-citizen spouse or common-law partner accompanies a PR abroad;
(2) a PR accompanies a Canadian-citizen spouse or common law partner abroad;
(3) a PR child accompanies a Canadian-citizen parent abroad (or possibly also a PR parent—on this point am not sure).

In all three cases the PR may count days abroad toward the PR quota. In cases (1) and (2) it does not matter who accompanies whom – PR accompanying citizen spouse or vice-versa. That was my point. I did not refer to possibility (3) which involves children.

But since Steaky raised the issue of children, it may be useful to clarify further. The Act allows a PR child to accompany a citizen-parent abroad and count those days, but the Act does NOT allow a PR parent to accompany a Canadian child abroad and count those days toward the PR quota.

Clear as mud?