Which category to choose for sponsoring my wife for Canadian PR

[demonpreet]

Hi!

My wife is H1B holder living in US and I am sponsoring her for Canadian PR.

Can someone help me in determining which category to choose :

Family Class Outside Canada, or
Spouse or Common-Law Partner in Canada

She has a Canadian Tourist Visa but is currently living and working in USA.

Also, I am a Permanent Resident of Canada and since I am working remote, I am currently in the US while working for a Canadian company.
Do I have to be in Canada to sponsor her, or can I stay here for a while and sponsor her while making frequent trips to her.

 

[scylla]

Hi!

My wife is H1B holder living in US and I am sponsoring her for Canadian PR.

Can someone help me in determining which category to choose :

Family Class Outside Canada, or
Spouse or Common-Law Partner in Canada

She has a Canadian Tourist Visa but is currently living and working in USA.

Also, I am a Permanent Resident of Canada and since I am working remote, I am currently in the US while working for a Canadian company.
Do I have to be in Canada to sponsor her, or can I stay here for a while and sponsor her while making frequent trips to her.

You have to be living in Canada to sponsor her. You unfortunately cannot sponsor her while staying outside of Canada.

She needs to be living in Canada in order for you to sponsor her using "in Canada" route.

Otherwise if you are living in Canada and she is living outside of Canada, you need to sponsor her through the "outside of Canada" route.

 

[demonpreet]

You have to be living in Canada to sponsor her. You unfortunately cannot sponsor her while staying outside of Canada.

She needs to be living in Canada in order for you to sponsor her using "in Canada" route.

Otherwise if you are living in Canada and she is living outside of Canada, you need to sponsor her through the "outside of Canada" route.

Thanks for the swift response. I get it that it will be the Outside Canada route.

But I am sure many people leave the country for trips while sponsoring their wife.
So how does it work? Is there any time limit by which they have to come back to Canada?
I am still working for a Canadian Company while maintaining my Primary Residence here.
How about if I add an explanation that my wife works in the US and I am living with her.

Any help is appreciated. I don't want to stay away from her for an extended time.

 

[scylla]

Thanks for the swift response. I get it that it will be the Outside Canada route.

But I am sure many people leave the country for trips while sponsoring their wife.
So how does it work? Is there any time limit by which they have to come back to Canada?
I am still working for a Canadian Company while maintaining my Primary Residence here.
How about if I add an explanation that my wife works in the US and I am living with her.

Any help is appreciated. I don't want to stay away from her for an extended time.

You have to be living in Canada to sponsor her. You cannot live with her in the US and qualify as a sponsor. You would only be able to do this if you were a Canadian citizen. You are not entitled to do this as a PR. The fact you are working for a Canadian company has no impact on this.

You need to be physically in Canada at the time you submit the application to sponsor your spouse. You then want to make sure you continue living in Canada as your primary residence. You take take trips outside of Canada but you need to avoid giving the appearance that you are actually living in the US and not in Canada.

 

[demonpreet]

You have to be living in Canada to sponsor her. You cannot live with her in the US and qualify as a sponsor. You would only be able to do this if you were a Canadian citizen. You are not entitled to do this as a PR. The fact you are working for a Canadian company has no impact on this.

You need to be physically in Canada at the time you submit the application to sponsor your spouse. You then want to make sure you continue living in Canada as your primary residence. You take take trips outside of Canada but you need to avoid giving the appearance that you are actually living in the US and not in Canada.

I see, it seems like I don't have a choice. But I m curious to know how can I prove that I am on short visits. For example, I have been in the US since January and visited Canada 2 times for 3 and 2 weeks respectively. Is there something I can chance which might make it possible

 

[scylla]

I see, it seems like I don't have a choice. But I m curious to know how can I prove that I am on short visits. For example, I have been in the US since January and visited Canada 2 times for 3 and 2 weeks respectively. Is there something I can chance which might make it possible

This won't work.

You need to be primarily living in Canada.

This is primarily living in the US.

 

[demonpreet]

This won't work.

You need to be primarily living in Canada.

This is primarily living in the US.

I see. Not trying to extend this, I am already convinced that I need to be in Canada, but what if due to some emergency someone might hs to go out. Let's say the wife is pregnant or has some medical emergency. How does IRCC navigate this? Do they have certain reasons or a number of which needs to be spent in Canada?

I get it I can't apply like this but what is the maximum I can stretch without getting my application refused.

 

[scylla]

I see. Not trying to extend this, I am already convinced that I need to be in Canada, but what if due to some emergency someone might hs to go out. Let's say the wife is pregnant or has some medical emergency. How does IRCC navigate this? Do they have certain reasons or a number of which needs to be spent in Canada?

I get it I can't apply like this but what is the maximum I can stretch without getting my application refused.

It's up to the discretion of the officer processing your application. It needs to be obviously that you are primarily living in Canada.

Two 2-3 week trips to Canada over a five month period is not primarily living in Canada. It's clear your primarily living in the US right now.

There's no magic maximum. If you want to make sure your application won't be refused, then I would flip the amount of time you are spending in Canada and the US.

 

[YVR123]

I see. Not trying to extend this, I am already convinced that I need to be in Canada, but what if due to some emergency someone might hs to go out. Let's say the wife is pregnant or has some medical emergency. How does IRCC navigate this? Do they have certain reasons or a number of which needs to be spent in Canada?

I get it I can't apply like this but what is the maximum I can stretch without getting my application refused.

There is no black and white definition of how long a "short trip" can be. In general, a 2 - 3 weeks trip is concider a short trip outside.
It's up to the IRCC case officier to determine if they will reject your application. And with emergency, it's up to the officer to take your "reasoning" into consideration or not.

By the written rule, a PR has to live in Canada to sponsor their spouses.

 

[demonpreet]

It's up to the discretion of the officer processing your application. It needs to be obviously that you are primarily living in Canada.

Two 2-3 week trips to Canada over a five month period is not primarily living in Canada. It's clear your primarily living in the US right now.

There's no magic maximum. If you want to make sure your application won't be refused, then I would flip the amount of time you are spending in Canada and the US.

I see. And what are the consequences of the application being refused? Does it make it difficult to apply again?

Also, I applied for my citizenship last year and hopefully, I should be a citizen in 5-6 months, Will that help my case or do you suggest waiting for getting my citizenship first and then applying.

 

[demonpreet]

There is no black and white definition of how long a "short trip" can be. In general, a 2 - 3 weeks trip is concider a short trip outside.
It's up to the IRCC case officier to determine if they will reject your application. And with emergency, it's up to the officer to take your "reasoning" into consideration or not.

By the written rule, a PR has to live in Canada to sponsor their spouses.

Thanks for the response @YVR123 I asked the question above to @scylla and asking you as well.
I see. And what are the consequences of the application being refused? Does it make it difficult to apply again?

Also, I applied for my citizenship last year and hopefully, I should be a citizen in 5-6 months, Will that help my case or do you suggest waiting for getting my citizenship first and then applying.

 

[scylla]

I see. And what are the consequences of the application being refused? Does it make it difficult to apply again?

Also, I applied for my citizenship last year and hopefully, I should be a citizen in 5-6 months, Will that help my case or do you suggest waiting for getting my citizenship first and then applying.

If the application is refused, you can apply again.

If you are going to be a citizen in 5-6 months and it's a priority that you not be separated from your wife, then my strong recommendation is that you wait until you are a citizen before you submit the sponsorship application and that will make these problems go away.

 

[YVR123]

Thanks for the response @YVR123 I asked the question above to @scylla and asking you as well.
I see. And what are the consequences of the application being refused? Does it make it difficult to apply again?

Also, I applied for my citizenship last year and hopefully, I should be a citizen in 5-6 months, Will that help my case or do you suggest waiting for getting my citizenship first and then applying.

It's not difficult to re apply. But it will cost you time and money and your effort for PCC and medical and they don't usually refuse right away.

You can sure wait for your citizenship application. Provided that you meet your residencial requirement of the application.

A citizen can sponsor your spouse while living outside. But you need to provide proof that you will move back to Canada with your spouse.

 

[demonpreet]

Thanks @YVR123 and @scylla for your input.

How about if I apply for SOWP only. No Permanent Residenece. Can I do that?

 

[scylla]

Thanks @YVR123 and @scylla for your input.

How about if I apply for SOWP only. No Permanent Residenece. Can I do that?

No - you cannot do that. SOWPs are not available to spouses of permanent residents.