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Spousal sposorship - sponsor living outside Canada with Spouse.

guru_guru

Member
Oct 8, 2013
18
0



Hi,
My wife has sponsored me in Canada.
She was in Canada till the first processing phase was done.
After the request of Passport by ND office, she came to India,
and now we are living together in India from last 6 months, waiting for my Visa.
My wife is PR holder.
My questions are:
1. Will it affect the processing if she is living outside Canada for that long?
2. How long can she live outside Canada to maintain the PR status as well?

thanks
 

scylla

VIP Member
Jun 8, 2010
93,196
20,662
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
1. Yes - it's quite possible that your application is going to be refused. Since your wife is a PR, she must be living in Canada while your application is being process (the entire application, not just the first stage). Short trips (e.g. three weeks) outside of Canada are fine. However your wife is now living outside of Canada which means she no longer qualifies to sponsor you. If CIC finds out, you should expect a refusal and you will then have to start the application process over again from the start. Your wife should return to Canada as soon as possible and stay there until your PR visa is approved.

2. To maintain PR status, she must live in Canada for two out of every five rolling years.
 

Jaya1985

Star Member
Jan 31, 2013
87
0
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
28-04-2014
AOR Received.
20-06-2014
File Transfer...
03-07-2014
Med's Done....
01-04-2014
Passport Req..
Not yet
VISA ISSUED...
Not Yet
LANDED..........
soon
scylla said:
1. Yes - it's quite possible that your application is going to be refused. Since your wife is a PR, she must be living in Canada while your application is being process (the entire application, not just the first stage). Short trips (e.g. three weeks) outside of Canada are fine. However your wife is now living outside of Canada which means she no longer qualifies to sponsor you. If CIC finds out, you should expect a refusal and you will then have to start the application process over again from the start. Your wife should return to Canada as soon as possible and stay there until your PR visa is approved.

2. To maintain PR status, she must live in Canada for two out of every five rolling years.
Hi,

In This Case , If they reject the Sponsorship Application , Does it affect the Sposor reentry to Canada ? ,
Will Sponsor lose their PR status , Just not complying with the rules ?
If she goes back to Canada Before anything happens, Still CIC rejects after finding that she was in Canada continually ?
 

screech339

VIP Member
Apr 2, 2013
7,878
550
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Jaya1985 said:
Hi,

In This Case , If they reject the Sponsorship Application , Does it affect the Sposor reentry to Canada ? ,
Will Sponsor lose their PR status , Just not complying with the rules ?
If she goes back to Canada Before anything happens, Still CIC rejects after finding that she was in Canada continually ?
The PR holder will not lose the PR status so long as the PR moves back in time to maintain legal PR status. However the sponsorship will likely be refused on account that the PR sponsor is not in Canada when PR is suppose to be in Canada during the entire process. The sponsor will not lose "PR status" on account of violating the PR sponsorship rules. He/She will just lose the sponsorship process, get a red flag on him/herself and have to start the whole process again.

CIC can still rejects the sponsorship if they saw that PR has left Canada for more than 3 weeks max. If PR left Canada for 3 weeks or less, CIC may overlook it as PR going on vacation, nothing more.

Screech339