PR holder, but applying for spouse PR from India?

[chat2ash]

Hello,

I am PR holder, but came to India for my marriage. I am planning to stay in india for 3 more months as I quit my job to get some family time.

Is there any limitation to apply for spouse PR, while I am in India? I am hoping to travel back to Canada, with my spouse.

Any help will be greatly appreciated.

 

[Jotsran]

Hello,

I am PR holder, but came to India for my marriage. I am planning to stay in india for 3 more months as I quit my job to get some family time.

Is there any limitation to apply for spouse PR, while I am in India? I am hoping to travel back to Canada, with my spouse.

Any help will be greatly appreciated.

if you are pr,you have to be in canada while sending the application.
Who can become a sponsor
You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
  • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
  • You can’t sponsor someone if you are a permanent resident living outside Canada.

 

[chat2ash]

if you are pr,you have to be in canada while sending the application.
Who can become a sponsor
You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
  • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
  • You can’t sponsor someone if you are a permanent resident living outside Canada.

thank you for the reply. But I was wondering if being on vacation for 3 - 4 months would count as living outside Canada? Or is there any guideline that states how many days outside Canada is considered as living outside Canada?

 

[Jotsran]

thank you for the reply. But I was wondering if being on vacation for 3 - 4 months would count as living outside Canada? Or is there any guideline that states how many days outside Canada is considered as living outside Canada?

Once you apply from canada for outland spouse, to be eligible as a sponsor we have to be in canada as we have a pr. But you can visit your spouse for short time which i read in forum, for less than a month in between the process. Bcz i also want to go back to india to see my spouse, but i am not going yet to be on a safe side

 

[ramekris3163]

@chat2ash did you apply for the spousal sponsorship. How long is it considered living outside canada. I came to India in may 2021 for my marriage and am still here working from home. I applied for spousal sponsorship and it was received on 04 aug 2021. Am I considered to be living outside canada? I'm a permanent resident.

 

[Him292]

@chat2ash did you apply for the spousal sponsorship. How long is it considered living outside canada. I came to India in may 2021 for my marriage and am still here working from home. I applied for spousal sponsorship and it was received on 04 aug 2021. Am I considered to be living outside canada? I'm a permanent resident.

Hey @ramekris3163, Did you get your spouse's PR approved?
Because I'm also riding in the same boat. I'm PR in canada and in July this year, I'm going to get married in India. So I was also thinking to spend some time in India, WFH from there and in the mean time, will apply for my wife's PR from India. Is it possible in anyway? Please guide

 

[scylla]

Hey @ramekris3163, Did you get your spouse's PR approved?
Because I'm also riding in the same boat. I'm PR in canada and in July this year, I'm going to get married in India. So I was also thinking to spend some time in India, WFH from there and in the mean time, will apply for my wife's PR from India. Is it possible in anyway? Please guide

Not possible.

You must be living in Canada to sponsor your spouse for PR.

 

[Him292]

Not possible.

You must be living in Canada to sponsor your spouse for PR.

okay. But can I come back to Canada to file my spouse's PR and then stay in India until a decision is made on her file? Is this possible?

 

[armoured]

okay. But can I come back to Canada to file my spouse's PR and then stay in India until a decision is made on her file? Is this possible?

Short form: no. PR sponsors are expected to be resident in Canada. "Short trips" are ok, short is undefined but probably less than a month is intended.

Long form: if you try, it's at your own risk. It's unclear how strictly IRCC enforces this but some sponsors who have left have had the files rejected or delayed (a lot). Some don't but if there's an issue, it's your problem.

Better overall for sponsor to return and (separately) for spouse to apply for TRV. Spouse can apply before, or after AOR received for spousal app.

While still a fair number of rejections, IRCC does seem to be somewhat more likely to issue TRVs to spouses with PR apps in process than was the case before.

 

[scylla]

okay. But can I come back to Canada to file my spouse's PR and then stay in India until a decision is made on her file? Is this possible?

Also, no.

Short trips outside of Canada are OK (e.g. a few weeks, maybe a month). However you must be primarily living in Canada while the application is being processed to qualify as a sponsor.