PR expires in 500 days
- Thread starter Fk 100
- Start date
Something related to the above, hopefully when i do enter and assuming there is no obstruction at entrance, is there anything that prevents me from applying spousal sponsorship for my wife ?? My plan is to immediately apply spousal sponsorship after entering Canada .
Yes, there is a problem with sponsoring your spouse if you are not in compliance with the RO. Applying to do so can result in a IRCC formally reviewing your residency compliance and (in theory) eventually declaring you inadmissible etc.
It seems that more frequently, or at least often enough, IRCC may 'sit' on the sponsorship application and wait until the sponsor is in compliance. [Note in cases where the non-compliance is relatively small, it seems IRCC proceeds (withouth waiting) or this 'wait' period is short enough to not be noticeable.]
As I understand your situation, you have 500 days in Canada but originally landed in mid-2019? If so, you should still be in compliance, and probably in compliance until at least mid-2023.
STRONGLY recommend you return BEFORE then, that is, while you are still in compliance, and with a BUFFER of some extra time (months). And if you return while in compliance you can apply shortly after returning. If you do this, you will likely avoid any formal review for compliance with the residency obligation, and have at least some possiblity for travel (short trips) during the application period.
If not, you will face mounting risks for non-compliance, including problems and delays in sponsoring and potentially seirous issues with the PR status itself, restrictions on travel (practical ones, Canada never stops PRs from departing), etc.
I note I may have misunderstood how many days and dates in Canada. Please clarify.
Definitely there’s misunderstanding.
My total days in canada since 2019 may is around 3 weeks.
The 500 days are remaining from now until expiry of my Pr card.
So my plan was to enter and then apply for my wife
If it wasnot for you guys, I really would be in Canada in January 2023 and would have gone ahead with whatever I have mentioned. My lawyer that I have actually been paying a lot, had devised all of this plan. I feel quite disappointed, but I might have dodged a bullet .
What's the significance of January '23?
I encourage you to look around and get informed on your own, perhaps consult with another lawyer. I don't claim to have perfect knowledge of this. I understand some claim that one can apply to sponsor a spouse while not in compliance.
But in my opinion, your lawyer has seriously misinformed you and should have advised you to return to Canada in the first half of 2022, if not before. (Is this a Canadian lawyer registered to work on immigration cases?_)
Note: when posting, it helps to clarify what advice you have received from where.
The significance of Jan 2023, is nothing more than this is the earliest I could sort my resignations, etc.
My lawyer is a registered lawyer, and as per her, the RO isnt really an issue and I can apply for my wifes spousal sponsorship the next day from my presence in Canada.
I just want to fully understand, so If i had come to canada ealier, say start of 2022, and then apply for my wife, I would still not have RO at that time. Why am i getting in trouble, now, when my PR expires down the line in June 2024 ?
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-expires-in-500-days.779740/post-10244605
Conceptually (and in the law, but in legal language), in your first five years from day of landing you are given 'credit' for days remaining in that first five year period. Eg if you have 600 says in Canada and there are 131 days remaining in that period, you are in compliance.
Arithmetically, this is the same as saying that in ANY five year period, you are in compliance if you are out of Canada LESS THAN 1095 days. (Out of compliance if more than 1095 days). [Considering that the first five year period is from day of landing to the five-year anniversary, and after that anniversary, from any day looking back five years.]
You can speak to your lawyer or to another. You're paying them. There are, as I noted, different experiences and advice reported and claimed here. If you return earliest and apply, perhaps it will go forward with no delay. Perhaps it won't. I repeat that I understand that IRCC often will not attempt to declare the sponsor 'inadmissible' (i.e. to formally adjudicate the non-compliance issue), but just wait.
I can say that those applying when in compliance definitely will not have issues on this matter, and hence that is the most conservative (prudent) information to relay. I am personally somewhat surprised that your lawyer would not start with the most prudent and conservative advice.
First step is for you to return to Canada earliest / soonest and make it through without being reported. It may or will depend somewhat what happens at border control.
Bro, thnx a lot for ur time and info. Given that I definitely will expect long separation, I dont think I will proceed any longer with these options.
I have to wait for my PR to expire and I will re-apply, this time with my wife. Hope my resignation letter gets over-turnt lol.
Repeat and repeat: this is the internet. You should not take advice or make serious decisions only on the basis of stuff you heard on the internet, including from me. You can and should do your own research and get professional advice. Professional advice works better if informed - that's what you can use the internet for.
And don't make rash decisions: I do not know and will not say whether your plan to 'wait for it to expire and re-apply' makes sense, except to say that it doesn't sound well thought out.
Nope, he is out of compliance since mid 2022. To put it simply, you need to have 2 years out of 5 in Canada, where for those first 5 years, remaining time is counting as still possible in Canada. But in his case, that was up in lets say August 2022. So he is now risking secondary review and start of removal process.
As they are technically to do so, it all depends on whom he will talk to, which is a bad situation (like buying a lottery ticket).