staying in canada 725 days can I sponsor a wife for inland application?

[kenwong699]

Hi All,
Could anyone please advide me if I can sponsor my wife if I only stay in Canada for 725 days in Canada for the past 5 years which is missing 5 more days according to the 730 days rules. The reason I am asking is that in order to have enough 730 days I have to wait until November but by that time we will move to another state so we had to redo most of our paper works again and it will take a lot of our time.

Will they check my residency obigation when I sponsor my wife as an inland application since I only have 725 days in Canada for the past 5 years?

Please help us, thank you very much folks!!

 

[frege]

CIC can check your residence obligation at any time.

Therefore it is best not to draw any attention to yourself until you've reached two years in a five-year period. Once you've reached two years, they can no longer examine an earlier time period.

So if you can avoid applying until you meet the residency obligation, you should wait.

 

[Alurra71]

Hi All,
Could anyone please advide me if I can sponsor my wife if I only stay in Canada for 725 days in Canada for the past 5 years which is missing 5 more days according to the 730 days rules. The reason I am asking is that in order to have enough 730 days I have to wait until November but by that time we will move to another state so we had to redo most of our paper works again and it will take a lot of our time.

Will they check my residency obigation when I sponsor my wife as an inland application since I only have 725 days in Canada for the past 5 years?

Please help us, thank you very much folks!!

Of course you are always free to send in your application to sponsor your wife. However, you should be aware that if they decide to check on your current status in Canada, i.e. have you met residency requirements, they can then not only deny your wifes application, your ability to sponsor her, but also start the process to remove your PR status and send you back to your home country.

You should decide knowing what the potential outcomes COULD be whether or not you wish to try sponsoring her now.

I have seen you ask this question at least 3 other times, and 3 other times you were responded to with correct answers on how they think you SHOULD proceed. You continue to ask this same question and hope for a different answer?

 

[Mona_Barca]

CIC can check your residence obligation at any time.

Therefore it is best not to draw any attention to yourself until you've reached two years in a five-year period. Once you've reached two years, they can no longer examine an earlier time period.

So if you can avoid applying until you meet the residency obligation, you should wait.

frege -

I was just curious where it does actually mentioned that you have to meet the residency requirement before you can sponsor your spouse! They are certain requirements for the sponsor none of them talks about physical presense or the 730 days rule to maintain your PR status. I reviewed the guide and the forms and nothing was said about relating your sponsorship application with being maintaining your residency obligation.
Is this by all means related to the new rule of two years relationship between and the sponsor and the person being sponsored?

 

[Alurra71]

I think the point there, Mona is that he hasn't yet met his residency requirements to CONTINUE to keep his PR. If he were to start a sponsorship application, he would be scrutinized more closely and if they find that he has not yet met his residency requirements to CONTINUE to keep his PR, he could loose all.

I am not sure if there is a rule or regulation regarding residency requirements for spousal sponsorship, other than the PR applying to sponsor their spouse MUST RESIDE IN CANADA. They can not apply for spousal sponsorship living outside of Canada, only actual Canadian citizens can do that.

If there are actual rules or regulations, I'm sure the more senior members would know and be able to 'quote' them for you.

 

[frege]

I think the point there, Mona is that he hasn't yet met his residency requirements to CONTINUE to keep his PR. If he were to start a sponsorship application, he would be scrutinized more closely and if they find that he has not yet met his residency requirements to CONTINUE to keep his PR, he could loose all.

I am not sure if there is a rule or regulation regarding residency requirements for spousal sponsorship, other than the PR applying to sponsor their spouse MUST RESIDE IN CANADA. They can not apply for spousal sponsorship living outside of Canada, only actual Canadian citizens can do that.

If there are actual rules or regulations, I'm sure the more senior members would know and be able to 'quote' them for you.

Mona, what Alurra says above is what I meant.

If you submit a form to CIC to sponsor your wife and it gives your addresses for the last five years, they will see that you haven't been meeting the residency obligation. Then they can start proceedings against you to cancel your PR status. Section 133(1)(c) of the IRPR says that you can't be a sponsor if you're subject to a removal order. A removal order is one of the first steps when they take away your PR status.

 

[Leon]

frege -

I was just curious where it does actually mentioned that you have to meet the residency requirement before you can sponsor your spouse! They are certain requirements for the sponsor none of them talks about physical presense or the 730 days rule to maintain your PR status. I reviewed the guide and the forms and nothing was said about relating your sponsorship application with being maintaining your residency obligation.
Is this by all means related to the new rule of two years relationship between and the sponsor and the person being sponsored?

As far as I know, there is no such rule that a PR must meet the residency obligation in order to sponsor their spouse.

However, what could happen when he applies to sponsor his spouse, is that immigration becomes aware that he does not meet the residency obligation. Immigration may then decide to investigate the matter which could result in his PR being revoked.

If his PR were to be revoked, he is no longer PR and can not sponsor his spouse.

So basically, when a PR doesn't meet the RO but gets into Canada anyway through good luck or a lenient immigration officer, they need to stay in Canada and not apply for anything from immigration until they meet the RO again. If they leave and re-enter or apply to renew their PR card or apply to sponsor their spouse / kids before they meet the RO, they are opening themselves up to an investigation and could lose their PR.

 

[mahrukhshoaib]

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