Hi, I am a Canadian PR holder currently living in Canada, my PR card is expiring in one month time. I can not complete PR obligation of 730 days before expiration of my PR card. In this situation can I apply to sponsor my wife's PR application under family sponsorship category?
Sponsoring spouse without completing 730 Days PR obligation
- Thread starter smsujoy
- Start date
You don't have to meet RO before expiration of your PR card. You need to meet RO when you submit the application to sponsor your spouse.
RO is looking back 5 years any time you interact with immigration.
If you live in Canada now, just stay till you meet your RO and apply to sponsor.
Thank you so much for your kind reply. I have one more question. My son is with me on visitor visa, Can I apply for his PR under family sponsorship now?
If I can't apply for his PR now then how he can stay with me? Can I apply for extension of visitor record? or how I can keep him with me legally?
You can sponsor your son as a dependent child however there is no in Canada process for this so you will need to continue to extend his visitor status until PR is approved.
Thank you very much for your reply, that means I can apply for his PR under family sponsorship category now? and renew his visitor visa until his PR get approved.
Or I have to apply for his PR after I have completed the obligation of 730days?
How short of the 730 days are you? How many days would you have to wait to be in compliance? (Do you have many days from start of your five year period that will start to 'fall off'?)
What other options do we have to bring our spouse to Canada meanwhile?
Can they come to Canada on a Visitor Visa?
Can my spouse make an express entry visa application of their own?
Would I be in trouble if they try to make any kind of visa applications? Since they have to mention my name and give my details in the Spouse section of the application
TIA
Your spouse can apply for a visitor visa or any other type of application on their own, yes. No, it won't cause problems. Not certain of course they will qualify.
She would declare you on her app as a spouse who is already a PR (and therefore does not need to be examined as a spouse-dependent for a pR app). For a visitor visa, it may make it less easy for her to get approved (as likley to overstay).
That's the question. And no-one knows the answer.
To give you a more reasonable guess, answer the questions I posed above.
But yes, it is quite likley in many cases that the H&C review and decision could take as long as waiting to meet the RO.
I'm short of 162 days. However, I will not be able to count the coming 8 months towards my RO. So I will have to stay for over a year to get these additional 162 days.
I left to my home country to take care of my elderly parent. I did pay taxes and bills all this while. I also paid rent for an apartment but I am unfortunately not listed in the rental agreement. I paid the money to my roommate.
I am staying in Canada away from my wife for 5 months now and looking for ways to bring her here. I got married at the beginning of the year.
Sorry, I don't feel I can say much about what the chances are in each case. I also see that there are two threads in this one thread with two different posters asking questions, with different circumstances, and don't want to get them confused.
-In principle, it's not automatic that attempting to sponsor when out of compliance will cause problems.
-It's possible they would just delay the application to sponsor anyway (until obviously no longer out of compliance).
-Same with an H&C app for a card renewal - if the processing of the H&C app is going to take just as long anyway, will one have gained anything? What are the chances? I don't know.
-We seem to get more cases of delay/slow processing of these, a few that just seem to go ahead, and some that run into more troubles - the consequences of which can be severe.
-I don't feel it's obvious - to me anyway - what differences are decisive between these cases. Quite probably things we do not know, apart from the obvious of more time physically in Canada (how recently returned), more obviously settled, and more ties in Canada (work/family esp children).
-General advice not to risk it is the safest way though (although that's a truism at the core of it).
-Hard for those outside to comment on whether risk may be worthwhile, since also depends on circumstances (whether one actually needs the PR card etc). Good luck.
Well, I stayed here around 6 months during the covid and then I left the country, then I returned to Canada 2 months before expiration of my PR card. So first 6 months may not be considered toward my PR obligation, that means, I have these 2 months only and I need to wait for long time to meet the compliance, right?
And also can my wife apply for visitor visa now?
Yes, and yes. Not certain that your wife will be approved for the visitor visa, of course.
For simplicity of calculation: you will be in compliance when - on the day you calculate, looking back five years - you will have less than 1095 days outside of Canada on your 'account.' Or going by your rough numbers, about 22 months.
Assume you contacted CRA to determine your tax residency status and filed as a non-resident. You may have never been a tax resident for any year.