Sponsor with valid PR card but not meeting residency obligation requirement

[rbz112]

Hi all,

I am a permanent resident and my PR card is valid until 2025 (I have been a PR for over 5 years and this is my second PR card). I am currently living in Canada. However, my physical presence in Canada in the past five years is less than 730 days (I have only lived in Canada for 1 year in past 5 years), so I do not meet the residency obligation as of now.

My question is, would I still be eligible to sponsor my spouse today?

Any feedback would be appreciated.

 

[scylla]

Hi all,

I am a permanent resident and my PR card is valid until 2025 (I have been a PR for over 5 years and this is my second PR card). I am currently living in Canada. However, my physical presence in Canada in the past five years is less than 730 days (I have only lived in Canada for 1 year in past 5 years), so I do not meet the residency obligation as of now.

My question is, would I still be eligible to sponsor my spouse today?

Any feedback would be appreciated.

Correct, you do not meet the residency requirement as of now. Whether you meet RO or not has nothing to do with the expiry date on your PR card.

You need to meet the residency requirement to be eligible to sponsor your spouse. You don't want to trigger an investigation of your own PR status through submitting a sponsorship application when you don't meet RO. So simply put, you are not eligible to sponsor your spouse.

 

[rbz112]

Correct, you do not meet the residency requirement as of now. Whether you meet RO or not has nothing to do with the expiry date on your PR card.

You need to meet the residency requirement to be eligible to sponsor your spouse. You don't want to trigger an investigation of your own PR status through submitting a sponsorship application when you don't meet RO. So simply put, you are not eligible to sponsor your spouse.

Thank you for your reply! Really appreciate it.

What I found counter intuitive is that, upon my recent entry to Canada, I assume I was allowed to enter after a positive determination of my PR status was made. But now I'm inside Canada, I can't sponsor my spouse because I will get a negative PR status determination.

 

[Ponga]

Thank you for your reply! Really appreciate it.

What I found counter intuitive is that, upon my recent entry to Canada, I assume I was allowed to enter after a positive determination of my PR status was made. But now I'm inside Canada, I can't sponsor my spouse because I will get a negative PR status determination.

You were allowed to enter Canada because you are a PR. Even a person that has failed to meet the R.O. and an officer creates a report, are still allowed to enter Canada and remain, pending a hearing.

 

[scylla]

Thank you for your reply! Really appreciate it.

What I found counter intuitive is that, upon my recent entry to Canada, I assume I was allowed to enter after a positive determination of my PR status was made. But now I'm inside Canada, I can't sponsor my spouse because I will get a negative PR status determination.

Sure. I can see how that may be confusing. You were allowed into Canada based on being a PR. No determination was made regarding if you meet the residency requirements. To sponsor a spouse for PR, it's not enough to simply be a PR. You must also meet the residency requirements.