Yes you can, but if you are gonna do it the same way that your husband residing outside of the country as a PR the application will again be rejected
Thanks for your reply.
This is the email which I got from the officer.
I have now completed the assessment of your application for a permanent resident visa as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements of the Immigration and Refugee Protection Act.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common- law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Section 120 of the regulations states that for the purposes of Part 5 of the regulations,
(a) a permanent resident visa shall not be issued to a foreign national who makes an
application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect, and
(b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.Subsection 133(1)(a) of the regulations states (in part) that a sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as described in section 130.
Subsection 130(1)(b) states that, subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class must be a Canadian citizen or permanent resident who resides in Canada.
On the evidence submitted I am satisfied that your sponsor, did not reside in Canada on the day on which the application was filed and from that day until the day a decision was made in respect to the application. Specifically, I am not satisfied that your sponsor, resided in Canada from 2018/03/13 to 2018/06/30. Accordingly s/he does not meet the requirements of subsection 130(1)(b) of the Regulations. As a result, you do not meet the requirements of section 120 of the Regulations.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include Regulations made under it. For the reasons set out above, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application.
I am sending a letter to your sponsor notifying him/her of the appeal provisions of the Immigration and Refugee Protection Act.
