Applying to sponsor my wife ... a second time

[ahmad2010]

I am a Canadian citizen and have been living abroad since 1996. I applied to sponsor my wife who became a PR in 2003. Her PR card expired August 2008 and she couldn't travel for her citizenship exam. My question is: can we apply for a second time? How does it work?

Thanks.

 

[Oil Sand Guy]

I am a Canadian citizen and have been living abroad since 1996. I applied to sponsor my wife who became a PR in 2003. Her PR card expired August 2008 and she couldn't travel for her citizenship exam. My question is: can we apply for a second time? How does it work?

Thanks.

Re: your wife: did she stay, live in Canada for the period required to make her eligible for citizenship? or has she been abroad with you all the time?

 

[ahmad2010]

Re: your wife: did she stay, live in Canada for the period required to make her eligible for citizenship? or has she been abroad with you all the time?

She has been abroad with me all the time, except visiting my family in the summers of 2003, 2004, 2005, and 2006 (around one month each visit).

 

[ariell]

I am a Canadian citizen and have been living abroad since 1996. I applied to sponsor my wife who became a PR in 2003. Her PR card expired August 2008 and she couldn't travel for her citizenship exam. My question is: can we apply for a second time? How does it work?

Thanks.

When you say 'can we apply for a second time', what are you referring to? Applying again for PR or applying for citizenship? Your wife isn't eligible to apply for citizenship since you need to live 3 out of the past 4 years in Canada to apply for citizenship and according to what you wrote, your wife has never lived in Canada. More importantly, your wife's PR expired in 2008 and (please correct me if I'm wrong) but I believe you will have to sponsor your wife all over again. Given the fact that you have not lived in Canada since 1996 and your wife has never lived in Canada, they will question your motivation for applying for PR again and your application will be much more closely scrutinized. As well, you will need to convince CIC and provide proof of your intent to re-establish yourself in Canada once your wife is granted PR, otherwise, her application will be denied.

EDIT: As well, you may want to consider talking to a lawyer before submitting another sponsorship application.

 

[swampwizard]

does our PR status normally expire? O.O

 

[Siouxie]

As you are a Canadian Citizen, the time you and your wife have lived together overseas is counted as though she was residing in Canada.

There is no need to "re-sponsor" her as she has complied with regulations as far as retaining her PR status - she will need to apply for a new PR card (http://www.cic.gc.ca/English/information/applications/prcard.asp) .

Please see: http://laws.justice.gc.ca/eng/I-2.5/page-3.html#anchorbo-ga:l_1-gb:l_5

Residency obligation

28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application

(2) The following provisions govern the residency obligation under subsection (1):

(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

(i) physically present in Canada,

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

(v) referred to in regulations providing for other means of compliance;

(b) it is sufficient for a permanent resident to demonstrate at examination

(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

2001, c. 27, s. 28; 2003, c. 22, s. 172(E).

Please see: http://laws.justice.gc.ca/eng/C-29/page-2.html#anchorbo-ga:l_I with regards to citizenship as unless you are employed by the armed services, federal government etc I don't believe time abroad would be counted (but I could be wrong!).

 

[Oil Sand Guy]

Siouxie

Ooops...
Thank you for correcting me. I actually deleted my post to avoid the conflict. The poor man must have been desparate for the good reply ..and you kindly offered it.

 

[Siouxie]

Siouxie

Ooops...
Thank you for correcting me. I actually deleted my post to avoid the conflict. The poor man must have been desparate for the good reply ..and you kindly offered it.

Awww... thank you! I like to help out when I can ...

<blushing>

 

[ahmad2010]

When you say 'can we apply for a second time', what are you referring to? Applying again for PR or applying for citizenship? Your wife isn't eligible to apply for citizenship since you need to live 3 out of the past 4 years in Canada to apply for citizenship and according to what you wrote, your wife has never lived in Canada. More importantly, your wife's PR expired in 2008 and (please correct me if I'm wrong) but I believe you will have to sponsor your wife all over again. Given the fact that you have not lived in Canada since 1996 and your wife has never lived in Canada, they will question your motivation for applying for PR again and your application will be much more closely scrutinized. As well, you will need to convince CIC and provide proof of your intent to re-establish yourself in Canada once your wife is granted PR, otherwise, her application will be denied.

EDIT: As well, you may want to consider talking to a lawyer before submitting another sponsorship application.

I am referring to applying again for PR. You are correct, my wife's PR expired in 2008. Yes, I understand that I will have to sponsor my wife all over gain, which I don't mind. I will certainly talk to a lawyer before proceeding. Thanks for the feedback.

 

[ahmad2010]

As you are a Canadian Citizen, the time you and your wife have lived together overseas is counted as though she was residing in Canada.

There is no need to "re-sponsor" her as she has complied with regulations as far as retaining her PR status - she will need to apply for a new PR card.

Residency obligation

28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application

(2) The following provisions govern the residency obligation under subsection (1):

(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

(i) physically present in Canada,

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

(v) referred to in regulations providing for other means of compliance;

(b) it is sufficient for a permanent resident to demonstrate at examination

(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

2001, c. 27, s. 28; 2003, c. 22, s. 172(E).

Siouxie, thank you so much for taking the time to post such a detailed response. I highly appreciate it.

I will have to double check whether the time my wife have spent with me overseas is counted as though she was residing in Canada.

Thanks again.

 

[ariell]

Sorry for giving you incorrect information Ahmad.

With regards to time spent outside of Canada counting towards citizenship, unfortunately it does not, unless you were employed in the armed forces or federal service. Please see the Citizenship Act:
http://laws.justice.gc.ca/PDF/Statute/C/C-29.pdf

5. (1) The Minister shall grant citizenship to
any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning
of subsection 2(1) of the Immigration
and Refugee Protection Act, and has, within
the four years immediately preceding the
date of his or her application, accumulated at
least three years of residence in Canada calculated
in the following manner:
(i) for every day during which the person
was resident in Canada before his lawful
admission to Canada for permanent residence
the person shall be deemed to have
accumulated one-half of a day of residence,
and
(ii) for every day during which the person
was resident in Canada after his lawful admission
to Canada for permanent residence
the person shall be deemed to have
accumulated one day of residence;
(d) has an adequate knowledge of one of the
official languages of Canada;
(e) has an adequate knowledge of Canada
and of the responsibilities and privileges of
citizenship; and
(f) is not under a removal order and is not
the subject of a declaration by the Governor
in Council made pursuant to section 20.

(1.1) Any day during which an applicant for
citizenship resided with the applicant’s spouse
who at the time was a Canadian citizen and was
employed outside of Canada in or with the
Canadian armed forces or the federal public administration
or the public service of a province,
otherwise than as a locally engaged person,
shall be treated as equivalent to one day of resi-
dence in Canada for the purposes of paragraph
(1)(c) and subsection 11(1).

 

[Oil Sand Guy]

ariell

What Siouxie said is correct. His wife spent her time out of Canada but she has been living with her Canadian husband as PR. She is allowed to do so. That means her PR is still valid and her husband (Ahmad) does not need to re-sponsor her again. But you are right too when it comes to citizenship eligibility. She has to live PHYSICALLY in Canada in order to qualify for citizenship. But Ahmed was asking about re-sponsoring and whether her PR is expired or not.

 

[ahmad2010]

@ariell,

Many thanks for the clarification. I highly appreciate it.

Thanks.

 

[ahmad2010]

ariell

What Siouxie said is correct. His wife spent her time out of Canada but she has been living with her Canadian husband as PR. She is allowed to do so. That means her PR is still valid and her husband (Ahmad) does not need to re-sponsor her again. But you are right too when it comes to citizenship eligibility. She has to live PHYSICALLY in Canada in order to qualify for citizenship. But Ahmed was asking about re-sponsoring and whether her PR is expired or not.

That is correct. Thanks for clarifying my question.