URGENT: HELP PLEASE

[malikjatin]

Hi All.
Please read this completely and suggest what to do under these circumstances.
I got my PR card in Jan'16 and i got married in Apr'16. I am a chartered accountant, wrking with a mnc company, My wife also a chartered accountant and she is also working with a big 4.
now we are thinking to move to canada as I have PR.
Now please tell what is the best and easiest way to go their along with her.
One option i have totally striked out that I go there and then apply for her from there and live seperately for 6 months to 1 year.
if we evr go, thn will go tgthr or else wl nt go.
now plz suggest.
posting with a lot of hope from experienced and helpful members.

 

[Ponga]

Since you are not a Canadian citizen, you must be in Canada (and remain in Canada) to submit a spousal sponsorship application for your wife. You cannot sponsor her abroad.

How long had you known your wife when you landed in January of this year?

Had the two of you ever lived together before you landed?

 

[Hasan9999]

Hi,

Live in Canada for a few months and then apply for your wife under spousal sponsorship with full preparations.

Hasan

 

[Pitt1234]

I am not sure which country you come from and where does your wife work and her visa requirements.

If you are from a "visa-required" country, I would suggest:

1) Apply for your wife's TRV visitor's visa first. Make sure she has a current job in her country and she stresses her ties to her country. In fact, if she visits, she should have an intention of a short visit (with a return ticket) and enough cash. It will also be good if "you" have a job in her home country during her application. If she applies for her TRV while you are in Canada, her approval chances decrease (although it is not necessary she would be rejected, particularly if she can convince the visa office of her home ties). TRV visa doesn't take much time for approval and should help her visit Canada while her permanent residency is in process. Btw, don't lie on the application in any way. If her TRV visa gets rejected, don't hide it in her PR application. It's won't be a big issue for her PR application, just that, she would have to wait until she gets her PR.

2) In the meanwhile prepare for your documents for permanent residency. There are a tonne of documents required for this. The police checks (for e.g. in US) may take about 3 months.

3) Decide whether you need an outland or inland visa. If your wife can get a job offer, and there is no need to travel outside Canada, you may choose inland (as she would get an open work permit), but the outland route would be much much shorter and preferred in almost all cases. Most outland cases these days are getting approved in 6 months if "ALL" documents are in order. So when you apply, make sure everything is in place. Also, since you are not a citizen, you need to demonstrate that you intend to stay in Canada while you file her PR. Read up on this forum for more details on paperwork.

If you are from a visa-waived country, I would suggest:
1) Let her travel to Canada and apply for her permanent residency. Maintain legal status (and of course don't lie to border agents). Even then, I would advise outland application as it is much faster these days.

Remember, TRV visa requires ties to home country (or current place of residence) and could be given with a "dual intent", i.e., if she can demonstrate that even though there is a likelihood she has an immigration intent, she would not abuse her TRV visa by leaving in time and not overstaying.

At every step, be truthful in your documents. You may also consider express entry and employment based visas for your wife as she is a professional.

Hi All.
Please read this completely and suggest what to do under these circumstances.
I got my PR card in Jan'16 and i got married in Apr'16. I am a chartered accountant, wrking with a mnc company, My wife also a chartered accountant and she is also working with a big 4.
now we are thinking to move to canada as I have PR.
Now please tell what is the best and easiest way to go their along with her.
One option i have totally striked out that I go there and then apply for her from there and live seperately for 6 months to 1 year.
if we evr go, thn will go tgthr or else wl nt go.
now plz suggest.
posting with a lot of hope from experienced and helpful members.

 

[Ponga]

All excellent advice, but until we get an answer to question #2 from my previous post...this may or may not be viable advice.

 

[Pitt1234]

That's not true. He can sponsor her while living outside. In fact, on second thought, I think, this may be the best route to take.

Both of you should continue working as you are professionals. Apply for her permanent residency. There is one IMPORTANT additional requirement for your sponsorship approval
then. You would need to demonstrate that you intend to return to Canada after her PR approval.

You can do that by supporting documentation such as:
1) Job offer in Canada
2) Property in Canada
3) Convincing the VO that you are looking for jobs in Canada (and copy search logs , emails to job consultants, interview emails)
4) ...

Since you are not a Canadian citizen, you must be in Canada (and remain in Canada) to submit a spousal sponsorship application for your wife. You cannot sponsor her abroad.

How long had you known your wife when you landed in January of this year?

Had the two of you ever lived together before you landed?

 

[Pitt1234]

I don't think it matters that much. In some cultures people have arranged marriage. You meet in a park, exchange a flower, and get married LOL. I am sure Canadian visa office knows that. He would still need to prove that his marriage/relationship is genuine. But I am sure he can manage that by photos of marriage, his relatives and sometimes, even letters from family and friends...

All excellent advice, but until we get an answer to question #2 from my previous post...this may or may not be viable advice.

 

[Ponga]

That's not true. He can sponsor her while living outside. In fact, on second thought, I think, this may be the best route to take.

Both of you should continue working as you are professionals. Apply for her permanent residency. There is one IMPORTANT additional requirement for your sponsorship approval
then. You would need to demonstrate that you intend to return to Canada after her PR approval.

You can do that by supporting documentation such as:
1) Job offer in Canada
2) Property in Canada
3) Convincing the VO that you are looking for jobs in Canada (and copy search logs , emails to job consultants, interview emails)
4) ...

Where did you get your information?

No...it IS true.

A person that is a permanent resident of Canada cannot sponsor someone while living abroad. Only Canadian citizens have that luxury.

 

[Ponga]

I don't think it matters that much. In some cultures people have arranged marriage. You meet in a park, exchange a flower, and get married LOL. I am sure Canadian visa office knows that. He would still need to proof his marriage/relationship is genuine. But I am sure he can manage that by photos of marriage, his relatives and sometimes, even letters from family and friends...

It matters very much.

You don't seem to understand how answering yes to my original question, could be a big part of this `puzzle'.

 

[Pitt1234]

Read this: www (dot) cic (dot)gc(dot)ca /english/immigrate/sponsor/spouse.asp [remove spaces]

If you are a citizen or permanent resident of Canada, you can sponsor your:
- spouse,
- common-law or conjugal partner, or
- dependent children

Where did you get your information?

No...it IS true.

A person that is a permanent resident of Canada cannot sponsor someone while living abroad. Only Canadian citizens have that luxury.

 

[Ponga]

Read this: www (dot) cic (dot)gc(dot)ca /english/immigrate/sponsor/spouse.asp [remove spaces]

If you are a citizen or permanent resident of Canada, you can sponsor your:
- spouse,
- common-law or conjugal partner, or
- dependent children

You needed to look, here:
http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

Guide 3900 - Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada


If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.

 

[cheng9999]

Where did you get your information?

No...it IS true.

A person that is a permanent resident of Canada cannot sponsor someone while living abroad. Only Canadian citizens have that luxury.

My understanding is same as Ponga. This is only reserved for Canadian citizens but not PRs.

In the old guide (last year), there was a specific point about residency of the sponsor. If he/she is not living in Canada, then he/she may not be eligible. By "may not" qualify, it basically means if you are Canadian citizen you are still eligible, but if you are PR you are not. I doubt it has suddenly changed. Do not forget that a sponsor who is a PR has his/her own residency requirement in order to remain a PR (at least when it comes time to renew the PR card at the 5 year mark).

So the following is only my own suggestion, so others can chip in and the poster would have to do further investigation. What the poster can do is to establish residency but still work abroad. Basically he would have a Canadian address, and pay Canadian taxes on his global income. This way, he will not lose his job at this time, while still being able to be with his wife who is still working. Not everyone can stop working and go to Canada and wait. Many times there are serious financial implications...honestly, one more month of work is one more month of pay, something that CIC does not care or realize as bureaucrats basically have secure jobs for life. Anyway, the sponsor being able to go back to Canada "often", and if he can work from home at times, would be a big plus to support this story. Basically he can then say he's working on contract paid by a foreign company, and requires to travel on business trips out of the country.

If he goes back before Dec 31, he would be filing a tax return early next year even if it's only 1 day that he's declared he's a resident. That tax filing would be the strongest evidence of his residency in Canada.

 

[Pitt1234]

Yes, you are right. Sorry, my mistake. I didn't knew that. Thanks for correcting me here!

You needed to look, here:
Guide 3900 - Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada


If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.

 

[Ponga]

So the following is only my own suggestion, so others can chip in and the poster would have to do further investigation. What the poster can do is to establish residency but still work abroad. Basically he would have a Canadian address, and pay Canadian taxes on his global income. This way, he will not lose his job at this time, while still being able to be with his wife who is still working.

The PR has to be physically in Canada.

 

[Ponga]

Yes, you are right. Sorry, my mistake. I didn't knew that. Thanks for correcting me here!

No problem.

While it's great that you're willing to help people (already), there are many pieces to the spousal sponsorship program that are not crystal clear, at first glance.