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5 year rule and having a baby

rossco2501

Member
Jan 6, 2016
11
0
Hi all,

Bit of a tricky one that I can't seem to find any advice on.

I am a Canadian PR, currently living in Australia. I've had my PR for just over 18 months and have only spent 3 months in Canada. I therefore need to spend 21 months in Canada in the next 3.5 years in order to keep my PR, is that correct?

The twist is that I'm just about to have a baby in Australia. This may make it tricky to move back to Canada in the near future. Just wondering if anyone knows about extenuating circumstances that allow for exemptions or extensions to the 5 year rule.

Furthermore, I believe I would have to return to Canada on my own and remain there while I apply for a visa or PR for my spouse and my new baby. Does anyone know much about this process? Is it lengthy? Is applying for a spousal and dependent visa as a PR the same as if I was a Canadian citizen.

Anyway, a few questions in there. Any help, or a point in the direction of some good information, would be much appreciated.

Cheers,

Ross
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi all,

Bit of a tricky one that I can't seem to find any advice on.

I am a Canadian PR, currently living in Australia. I've had my PR for just over 18 months and have only spent 3 months in Canada. I therefore need to spend 21 months in Canada in the next 3.5 years in order to keep my PR, is that correct?

The twist is that I'm just about to have a baby in Australia. This may make it tricky to move back to Canada in the near future. Just wondering if anyone knows about extenuating circumstances that allow for exemptions or extensions to the 5 year rule.

Furthermore, I believe I would have to return to Canada on my own and remain there while I apply for a visa or PR for my spouse and my new baby. Does anyone know much about this process? Is it lengthy? Is applying for a spousal and dependent visa as a PR the same as if I was a Canadian citizen.

Anyway, a few questions in there. Any help, or a point in the direction of some good information, would be much appreciated.

Cheers,

Ross
Hi

Personal life choices don't qualify for exemptions. You need to meet the RO.

If your spouse and child are visa-exempt, they can easily come to Canada with you as visitors. If they require visas, they arw likely to be refused. Expect a year for the sponsorship process.

The process is the same except that as a PR, you must be in Canada throughout the entire sponsorship process.
 

rossco2501

Member
Jan 6, 2016
11
0
Thank you canuck_in_uk,

Yes, they are both visa exempt. So, to clarify, I could return to Canada, with them joining me (on tourist visas), and they could remain in Canada with me during the spousal/child PR process?

Thanks for the advice.

Cheers,

Ross
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thank you canuck_in_uk,

Yes, they are both visa exempt. So, to clarify, I could return to Canada, with them joining me (on tourist visas), and they could remain in Canada with me during the spousal/child PR process?

Thanks for the advice.

Cheers,

Ross
Yes, that's correct.
 

Bornlucky

Hero Member
May 15, 2018
688
536
Thank you canuck_in_uk,

Yes, they are both visa exempt. So, to clarify, I could return to Canada, with them joining me (on tourist visas), and they could remain in Canada with me during the spousal/child PR process?

Thanks for the advice.

Cheers,

Ross
Hi, it is important to note that when they come to Canada as visitors in order to be processed within Canada. that you should be certain to stuff up your wallet for any health care costs should your young family become ill. Doctors and hospital visits are astounding when you don't have our coverage for the costs. It is no joke to see a bill for even a couple of days spent in a hospital in Canada - no joke at all.