URGENT!!!! If my U.S. citizen spouse lost Canadian PR - Can I responsor?

[mastersboy]

Me and my U.S. citizen spouse got Canadian PR under Foreign Skilled Worker category. If my spouse lost her Canadian PR due to not meeting R.O. I had following qestions about this scenario:

1. Can I responsor her for Canadian PR?
2. Can she visit me as a U.S. citizen tourist OR would CBSA stop her since she would have a Canadian PR spouse (and hence may have an intent to stay in Canada). Basically, I know US. doesn't/rarely allows entry to U.S. as a tourist if you have a spouse in the U.S. etc. because CBP think you have an "intent" to not live the U.S. after entry as a tourist. Similarly, does Canada have a similar approach to someone who lost their PR but still have the spouse in Canada and now want to visit as a tourist?
3. If yes to 2, can she come visit me as a tourist and I can reapply for her PR inland?
4. If we apply outland, can she still visit me as a tourist?

 

[mastersboy]

@harirajmohan @dpenabill @scylla @armoured please advise, thanks!

 

[armoured]

Me and my U.S. citizen spouse got Canadian PR under Foreign Skilled Worker category. If my spouse lost her Canadian PR due to not meeting R.O. I had following qestions about this scenario:

1. Can I responsor her for Canadian PR?
2. Can she visit me as a U.S. citizen tourist OR would CBSA stop her since she would have a Canadian PR spouse (and hence may have an intent to stay in Canada). Basically, I know US. doesn't/rarely allows entry to U.S. as a tourist if you have a spouse in the U.S. etc. because CBP think you have an "intent" to not live the U.S. after entry as a tourist. Similarly, does Canada have a similar approach to someone who lost their PR but still have the spouse in Canada and now want to visit as a tourist?
3. If yes to 2, can she come visit me as a tourist and I can reapply for her PR inland?
4. If we apply outland, can she still visit me as a tourist?

General answers here below may make less sense than actually describing with a bit more detail what the situation is and what you want to do. Specifically, how much out of compliance with the RO is she and does she intend to actually return to and reside in Canada, or is this for sometime in future, i.e. does not intend to reside in Canada in the near term and you're considering options for future or will she stay in USA and you're wondering about PR status to reside 'sometime in the future.'

For example if she's only somewhat out of compliance and does intend to reside in Canada now/soon, may make more sense to simply return and get in compliance. (These types of cases are discussed a lot in the residency obligation forum).

1. Yes. Before doing so she'd have to renounce or have her PR status revoked.
2. With a US passport after renouncing most likely she'd be allowed in when just re-entering to visit - with an honest explanation of the situation. No visa needed. There is the possibility on any entry that she'd be refused entry if they believed she was not entering just to visit.
3. Yes, subject to above.
4. Yes, subject to above.

 

[mastersboy]

General answers here below may make less sense than actually describing with a bit more detail what the situation is and what you want to do. Specifically, how much out of compliance with the RO is she and does she intend to actually return to and reside in Canada, or is this for sometime in future, i.e. does not intend to reside in Canada in the near term and you're considering options for future or will she stay in USA and you're wondering about PR status to reside 'sometime in the future.'
For example if she's only somewhat out of compliance and does intend to reside in Canada now/soon, may make more sense to simply return and get in compliance. (These types of cases are discussed a lot in the residency obligation forum).

We expect her to lose her Canadian PR due to not meeting RO. I am aware that if she is still given entry she can sit tight for two years and become compliant. However, let us consider a scenario where she ends up losing her PR.

2. With a US passport after renouncing most likely she'd be allowed in when just re-entering to visit - with an honest explanation of the situation. No visa needed. There is the possibility on any entry that she'd be refused entry if they believed she was not entering just to visit.

I thought I had read somewhere that Canada lets relatives who may have "intent to stay and apply for PR" come to Canada as tourist and do not deny them entry? Basically if my wife tells CBSA that she surrendered her PR earlier and is now seeking entry so she can reapply as inland applicant, will they deny her entry? If so, what is the best way to ensure we are not separated/minimize separation while we reapply for her PR (I do not have ability to visit U.S.). Thanks!

 

[scylla]

I thought I had read somewhere that Canada lets relatives who may have "intent to stay and apply for PR" come to Canada as tourist and do not deny them entry? Basically if my wife tells CBSA that she surrendered her PR earlier and is now seeking entry so she can reapply as inland applicant, will they deny her entry? If so, what is the best way to ensure we are not separated/minimize separation while we reapply for her PR (I do not have ability to visit U.S.). Thanks!

Generally speaking, she shouldn't have issues entering Canada. However entry is never guaranteed regardless of the situation.

Tips:
- She should enter as a true visitor. This means understanding she is only allowed to visit temporarily and not bringing all of her belongings with her. She should leave most things in storage in the US and only bring the sort of belongings one normally brings to Canada as a tourist.
- Start putting together the spousal sponsorship application in advance and pay the fees. Have her carry proof the fees have been paid as demonstration that you have an intent to sponsor her as soon as she arrives.
- She should be able to show she has sufficient funds in savings to support her visit to Canada.
- She should be 100% honest with any questions she is asked.

 

[mastersboy]

Generally speaking, she shouldn't have issues entering Canada. However entry is never guaranteed regardless of the situation.

Tips:
- Start putting together the spousal sponsorship application in advance and pay the fees. Have her carry proof the fees have been paid as demonstration that you have an intent to sponsor her as soon as she arrives.

So you are suggesting we apply outland? or is paying fee from outside Canada not considered out land application?

Generally speaking, she shouldn't have issues entering Canada. However entry is never guaranteed regardless of the situation.

Tips:
- She should enter as a true visitor. This means understanding she is only allowed to visit temporarily and not bringing all of her belongings with her. She should leave most things in storage in the US and only bring the sort of belongings one normally brings to Canada as a tourist.
- Start putting together the spousal sponsorship application in advance and pay the fees. Have her carry proof the fees have been paid as demonstration that you have an intent to sponsor her as soon as she arrives.

If she would tell officer that I intend to sponsor her as soon as she arrives, why does she have to pretend she is just a tourist by not carrying all her belongings etc.?

 

[scylla]

So you are suggesting we apply outland? or is paying fee from outside Canada not considered out land application?

If she would tell officer that I intend to sponsor her as soon as she arrives, why does she have to pretend she is just a tourist by not carrying all her belongings etc.?

No, I'm not suggesting you apply outland. I'm suggesting that you pay the inland fees in advance.

She is not allowed to import her belongings into Canada as a visitor. This is only allowed once she is a PR. As a visitor, CBSA will want to see that she will respect the rules. Coming as a visitor with all of your possessions has a much higher chances of creating issues at the border. She should bring a couple of suitcases and leave everything else in storage / with friends or family in the US. The fact that you plan to sponsor her for PR doesn't allow her to move to Canada. All she is allowed to do is come as a visitor temporarily.

 

[mastersboy]

No, I'm not suggesting you apply outland. I'm suggesting that you pay the inland fees in advance.

She is not allowed to import her belongings into Canada as a visitor. This is only allowed once she is a PR. As a visitor, CBSA will want to see that she will respect the rules. Coming as a visitor with all of your possessions has a much higher chances of creating issues at the border. She should bring a couple of suitcases and leave everything else in storage / with friends or family in the US. The fact that you plan to sponsor her for PR doesn't allow her to move to Canada. All she is allowed to do is come as a visitor temporarily.

So once she is inside Canada and I have applied for her inland application, does she get implied status and can stay as long as the PR application is being processed or can she only stay for six months since would be a visitor?

 

[scylla]

So once she is inside Canada and I have applied for her inland application, does she get implied status and can stay as long as the PR application is being processed or can she only stay for six months since would be a visitor?

Assuming she includes an OWP with the inland application, she can stay until the application is finalized. You need to include the OWP with the inland application to get the implied status.

 

[mastersboy]

Assuming she includes an OWP with the inland application, she can stay until the application is finalized. You need to include the OWP with the inland application to get the implied status.

She can work legally once she has OWP in Canada while PR is being processed?

 

[armoured]

She can work legally once she has OWP in Canada while PR is being processed?

Yes but the owp can take quite some time.

How much out of compliance is your spouse?

 

[mastersboy]

Yes but the owp can take quite some time.

How much out of compliance is your spouse?

We are applying for U.S. green card so my wife is moving back to the U.S. She has 850 residency days already but there is a minute chance she may be not meeting RO if green card process takes forever due to COVID backlogs. So trying to understand how responsoring works.

 

[k.h.p.]

We are applying for U.S. green card so my wife is moving back to the U.S. She has 850 residency days already but there is a minute chance she may be not meeting RO if green card process takes forever due to COVID backlogs. So trying to understand how responsoring works.

If you're applying for a green card, is Canadian PR something you actually need to maintain?

 

[mastersboy]

If you're applying for a green card, is Canadian PR something you actually need to maintain?

Yes, we are from different countries. If green card is denied, and we dont ensure we maintain PR card, we will end up separated which we dont want.

 

[armoured]

We are applying for U.S. green card so my wife is moving back to the U.S. She has 850 residency days already but there is a minute chance she may be not meeting RO if green card process takes forever due to COVID backlogs. So trying to understand how responsoring works.

Okay. But then how is this URGENT!!!! ?