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Sponsoring a spouse who loses PR

jbbumakil

Newbie
Jun 26, 2013
9
0
Hello Everyone,

My wife could not meet the residency obligation (2 in 5 Years) due to unavoidable circumstances and she's currently living outside Canada.

My question is: If in case she loses her PR because she was unable to meet the residency obligation, can I sponsor her back after 5 years have passed from being PR?

Looking forward to your replies and thank you for the advise!
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
Based on the limited details in your post, the 5-year sponsorship bar does not apply to you. It applies to those who have been sponsored as a spouse or partner, and then turn around and want to subsequently sponsor a spouse or partner themselves. Hence, a 5-year bar was imposed. You, as a sponsor, are not allowed to sponsor again while the original undertaking is in effect (that's 3 years). I'm not sure how they apply that rule or not, to a 2nd sponsorship of the same individual. You would think the bar would be waived, but common sense doesn't always necessarily prevail.
 

jhutti

Hero Member
Aug 13, 2013
520
25
Job Offer........
Pre-Assessed..
jbbumakil said:
Hello Everyone,

My wife could not meet the residency obligation (2 in 5 Years) due to unavoidable circumstances and she's currently living outside Canada.

My question is: If in case she loses her PR because she was unable to meet the residency obligation, can I sponsor her back after 5 years have passed from being PR?

Looking forward to your replies and thank you for the advise!
Use good lawyer to apply. It is one thing that u qualify to sponser her. But visa officer needs to be satisfy that she really intend to live in canada
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
You don't need a good lawyer, you need a GOOD reason for her to have missed her RO the first time round.
 

scylla

VIP Member
Jun 8, 2010
93,183
20,657
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
jhutti said:
Use good lawyer to apply. It is one thing that u qualify to sponser her. But visa officer needs to be satisfy that she really intend to live in canada
A lawyer would be a complete waste of money. They can easily do this on their own.
 

taffy7

Champion Member
May 23, 2013
2,482
69
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
10th April 2014/June 10th 2014 application complete
Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
scylla said:
A lawyer would be a complete waste of money. They can easily do this on their own.
scylla

I know you can word this better than me, but what if she gets back to Canada can she then just make sure she fulfills her residency again or if you fail once its over .
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
taffy7 said:
scylla

I know you can word this better than me, but what if she gets back to Canada can she then just make sure she fulfills her residency again or if you fail once its over .
If she can somehow make it back into Canada without being flagged for missing her RO, then she can stay under the radar for a minimum of 2 years and then renew her PR Card, yes.

It is not always in the persons best interest to attempt to 'sneak' into the country because it can have negative effects on things like drivers license, health card, SIN card and such which would make life difficult, at best, but it CAN be done.

To the OP. You won't have any issues to re-sponsor your wife, however she will need to 'lose' her current PR status before that can be done. She will need to either be reported upon entering Canada and then not appeal or apply for a PRTD from her originating country and be denied and not appeal. Both scenarios would generate the necessary kick-start to having her PR removed in order to be re-sponsored by you.

You don't really need a lawyer unless there is something new for your spouse that might prohibit her from being eligible, such as a police record or some other disqualifying situation. Also be sure she is ready to settle in Canada this time, otherwise it is a waste of your time and money if she is just going to stay outside of Canada again. If that is the case, then multiple entry visas are a smarter choice at least until she is ready to settle here.

Good luck.