Reapply family sponsorship for wife as residency period would not be met

[s.jagjit]

Me and my WIFE both recd the PR IN 2016 Under federal skilled worker .MY Wife was Principal applicant and i was co applicant(dependent) We did soft landing in 2016 and returned back to India.I have come back to Canada in 2019 and applied for 5 months old child PR. I will meet residency obligations and would remain in Canada .But my wife is not keen to return in 2019, hence her 2 yrs PR MANDATORY period would not be met.

I want to know what that the best course of action for retaining her PR? Can I apply for Spouse the PR from inside CANADA again under family sponsorship?

Under who can sponsor conditions there are three conditions which are confusing for me

1. Were sponsored by a spouse or partner and you became a permanent resident less than five years ago

2. Have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet

3. Were sponsored by a spouse or partner and you became a permanent resident less than five years ago

Your input required on the above


Jagjit

 

[scylla]

If I'm not mistaken, you have to wait 5 years before being able to sponsor someone. So 2021 you could apply to sponsor your wife.

That's incorrect. The five year rule only applies if someone was sponsored through spousal sponsorship and now wants to sponsor a new partner for PR.

 

[scylla]

Me and my WIFE both recd the PR IN 2016 Under federal skilled worker .MY Wife was Principal applicant and i was co applicant(dependent) We did soft landing in 2016 and returned back to India.I have come back to Canada in 2019 and applied for 5 months old child PR. I will meet residency obligations and would remain in Canada .But my wife is not keen to return in 2019, hence her 2 yrs PR MANDATORY period would not be met.

I want to know what that the best course of action for retaining her PR? Can I apply for Spouse the PR from inside CANADA again under family sponsorship?

Under who can sponsor conditions there are three conditions which are confusing for me

1. Were sponsored by a spouse or partner and you became a permanent resident less than five years ago

2. Have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet

3. Were sponsored by a spouse or partner and you became a permanent resident less than five years ago

Your input required on the above


Jagjit

The five year rule doesn't apply to your situation.

The first step is for your wife to officially renounce her PR status. Once she does this, you can apply to sponsor her for PR using either the inland (if she's in Canada) process or outland.

 

[shalenabennie]

The five year rule doesn't apply to your situation.

The first step is for your wife to officially renounce her PR status. Once she does this, you can apply to sponsor her for PR using either the inland (if she's in Canada) process or outland.

Thank you for the correction miss scylla! My apologies

 

[ruanp28]

If your wife is not keen to return to Canada, why would you then want PR for her? Just asking. We struggle with serious hurdles due to people that just want PR for the sake of having PR. I don't get it.

 

[DollyM]

IWe struggle with serious hurdles due to people that just want PR for the sake of having PR. I don't get it.

How do you struggle serious hurdles due to people wanting PR? How does the OP's wife's visa affect you, or me, or anyone else but the OP and his family?

 

[jddd]

How do you struggle serious hurdles due to people wanting PR? How does the OP's wife's visa affect you, or me, or anyone else but the OP and his family?

This is just a guess. I think he is concerned that a visa officer’s time is being used for someone who isn’t planning on actually living in Canada. I may be wrong but that’s the only thing I can think of that his reply meant.

 

[s.jagjit]

Wife does not want to come without baby to canada .she does not want baby to be alone in india, there are personal reasons baby cannot be left alone in india .also can not apply for baby 's visitor visa as i am without job. Thanks

 

[ruanp28]

How do you struggle serious hurdles due to people wanting PR? How does the OP's wife's visa affect you, or me, or anyone else but the OP and his family?

I apologize. What I meant, is that spouses outside of Canada have to provide a ton of proof that the sponsor will move to Canada, due to people abusing PR and just getting it to have it and not actually living in Canada. We sent 150 pages of proof just because of this reason, and got asked for additional proof. Showing proof ads a lot of hurdles and stress, and it was not a requirement in the past before people started to get PR just for the sake of having it - they want to make sure people who apply for PR will actually go live in Canada. I did not mean to offend anyone, what I just meant is that if you apply for PR, it would be a good thing to actually move to Canada and be a part of Canadian society. That being said, I do understand that the applicant does not want to move without her baby. In the original post it just looked like she wanted PR for the sake of having it - "But my wife is not keen to return in 2019". Anyway I did not mean to start an argument or offend anyone, sorry.

 

[shalenabennie]

If your wife is not keen to return to Canada, why would you then want PR for her? Just asking. We struggle with serious hurdles due to people that just want PR for the sake of having PR. I don't get it.

You realize the because she is married to a resident, her chances of getting a visit visa are pretty much nothing.. Which means she could never come to visit him with their child. As a resident of Canada he has every right to sponsor his wife so she and their child can come and see him when they like. I don't think it's fair or appropriate to say that his application is causing hurdles for other.

 

[jddd]

You realize the because she is married to a resident, her chances of getting a visit visa are pretty much nothing.. Which means she could never come to visit him with their child. As a resident of Canada he has every right to sponsor his wife so she and their child can come and see him when they like. I don't think it's fair or appropriate to say that his application is causing hurdles for other.

The person has already apologized, it is actually the post right above yours.

I apologize. What I meant, is that spouses outside of Canada have to provide a ton of proof that the sponsor will move to Canada, due to people abusing PR and just getting it to have it and not actually living in Canada. We sent 150 pages of proof just because of this reason, and got asked for additional proof. Showing proof ads a lot of hurdles and stress, and it was not a requirement in the past before people started to get PR just for the sake of having it - they want to make sure people who apply for PR will actually go live in Canada. I did not mean to offend anyone, what I just meant is that if you apply for PR, it would be a good thing to actually move to Canada and be a part of Canadian society. That being said, I do understand that the applicant does not want to move without her baby. In the original post it just looked like she wanted PR for the sake of having it - "But my wife is not keen to return in 2019". Anyway I did not mean to start an argument or offend anyone, sorry.

I will correct one thing you said though which is that a resident of Canada has the right to sponsor his family. Just to clarify, you mean that he has a right to do what he wants to and so if that is to sponsor his spouse vs apply for a TRV then so be it?

Because it is not our right as residents of Canada to have our families join us here. Immigration is a privilege. If it was a right, then no matter the inadmissibility, our rights would come first, but that is not the case. The requirements are more relaxed for our spouses and children (no excessive medical issues, no minimum income requirement) but we are never guaranteed to be able to bring them over. Just wanted to clear that up for other readers.

 

[shalenabennie]

The person has already apologized, it is actually the post right above yours.



I will correct one thing you said though which is that a resident of Canada has the right to sponsor his family. Just to clarify, you mean that he has a right to do what he wants to and so if that is to sponsor his spouse vs apply for a TRV then so be it?

Because it is not our right as residents of Canada to have our families join us here. Immigration is a privilege. If it was a right, then no matter the inadmissibility, our rights would come first, but that is not the case. The requirements are more relaxed for our spouses and children (no excessive medical issues, no minimum income requirement) but we are never guaranteed to be able to bring them over. Just wanted to clear that up for other readers.

Yes. It's his right to apply for sponsorship rather then having to apply for trv is what I meant