Can my spouse sponsor me after 5 years I sponsored her?

[trdoorsdown]

My story is probably a bit tricky...

I became PR first in 2014 after graduating from college, and in 2015 I married my wife and sponsored her to become a PR. She got her PR in March 2016..
After struggling for a job in Canada, I came to the US and took another degree here while my wife are still staying and working in Canada. I lost my PR status in 2019 due to the lack of physical residency and in the same year my wife became a Canadian Citizen..

Now I have graduated from my school in US and want to go back to live with my wife..It's been 5 years she became a PR so the 5-year rule is not a problem.. The question is, can she sponsor me who was her sponsor before but lost the status later..

Thank you

 

[Nneoma.muna]

My story is probably a bit tricky...

I became PR first in 2014 after graduating from college, and in 2015 I married my wife and sponsored her to become a PR. She got her PR in March 2016..
After struggling for a job in Canada, I came to the US and took another degree here while my wife are still staying and working in Canada. I lost my PR status in 2019 due to the lack of physical residency and in the same year my wife became a Canadian Citizen..

Now I have graduated from my school in US and want to go back to live with my wife..It's been 5 years she became a PR so the 5-year rule is not a problem.. The question is, can she sponsor me who was her sponsor before but lost the status later..

Thank you

Yes she can sponsor you and there is away you can get your PR reinstated since you were outside due to education consult an immigration lawyer or and ircc consultant.

 

[armoured]

I lost my PR status in 2019 due to the lack of physical residency

How do you know you lost your status? Did you sign a document? Did you receive notification that you were stripped of PR status?

It does not 'expire' automatically. You may be out of compliance but that does not mean you just lost it.

There is very little likelihood you could have lost your status so quickly from the dates you provided.

The point being - your spouse cannot sponsor you while you remain a PR (even an out-of-compliance one), so you need to confirm this aspect before you can make next steps or decide upon how to proceed.

[adding point]: NOTE: expiry of PR card does not mean you lost your PR status.

 

[Nneoma.muna]

How do you know you lost your status? Did you sign a document? Did you receive notification that you were stripped of PR status?

It does not 'expire' automatically. You may be out of compliance but that does not mean you just lost it.

There is very little likelihood you could have lost your status so quickly from the dates you provided.

The point being - your spouse cannot sponsor you while you remain a PR (even an out-of-compliance one), so you need to confirm this aspect before you can make next steps or decide upon how to proceed.

as you rightly said. People have gotten reinstated after they don't fulfill the compliance. He just have to find someone who know exactly how to solve his problem that why I suggested an immigration lawyer

 

[armoured]

as you rightly said. People have gotten reinstated after they don't fulfill the compliance. He just have to find someone who know exactly how to solve his problem that why I suggested an immigration lawyer

It may be useful to have a lawyer. But best (in my view) to figure out the actual situation first - going in to hire a lawyer without knowing what's up is going to cost more than knowing the situation.

It may be that the best solution is to renounce and apply anew - with some caveats about being married for five years plus and living apart the whole time (if he lost status, has he visited Canada since?). And if that's the easier approach, it might also be cheaper than hiring a lawyer.

But I'm not clear on dates. If he has lost PR status and can visit Canada, just coming to Canada and applying inland may be relatively simple. (emphasis on may)

 

[trdoorsdown]

Yes she can sponsor you and there is away you can get your PR reinstated since you were outside due to education consult an immigration lawyer or and ircc consultant.

Thank you!

 

[trdoorsdown]

How do you know you lost your status? Did you sign a document? Did you receive notification that you were stripped of PR status?

It does not 'expire' automatically. You may be out of compliance but that does not mean you just lost it.

There is very little likelihood you could have lost your status so quickly from the dates you provided.

The point being - your spouse cannot sponsor you while you remain a PR (even an out-of-compliance one), so you need to confirm this aspect before you can make next steps or decide upon how to proceed.

[adding point]: NOTE: expiry of PR card does not mean you lost your PR status.

Yes I remember one time when I was at the customs they let me to sign a form so that they will allow me into Canada..

 

[Naheulbeuck]

as you rightly said. People have gotten reinstated after they don't fulfill the compliance. He just have to find someone who know exactly how to solve his problem that why I suggested an immigration lawyer

That is not at all what he said and there is no "reinstating PR due to education".

If you really are no longer a PR, then yes she can sponsor you, you will want to look at Inland vs Outland and determine what would be the best course of action for you.

 

[armoured]

Yes I remember one time when I was at the customs they let me to sign a form so that they will allow me into Canada..

You have a copy of this form? Can you check the text?

I am highly doubtful that this was a PR-renunciation. I repeat: unless you are absolutely certain that you lost your PR status (and "I signed a form one time" is not that certainty), chances are that you remain a PR.

And repeat: you can't be sponsored while a PR.

When did you last visit Canada?

 

[armoured]

That is not at all what he said and there is no "reinstating PR due to education".

If you really are no longer a PR, then yes she can sponsor you, you will want to look at Inland vs Outland and determine what would be the best course of action for you.

Agree. And to simplify the next steps: the first step is to determine whether the poster is actually still a PR. Without knowing that, not much can actually be done.

 

[trdoorsdown]

You have a copy of this form? Can you check the text?

I am highly doubtful that this was a PR-renunciation. I repeat: unless you are absolutely certain that you lost your PR status (and "I signed a form one time" is not that certainty), chances are that you remain a PR.

And repeat: you can't be sponsored while a PR.

When did you last visit Canada?

I mean I have applied for a Canadian visitor visa...Does that mean I am not a PR.. otherwise I can not apply for a visa

 

[trdoorsdown]

You have a copy of this form? Can you check the text?

I am highly doubtful that this was a PR-renunciation. I repeat: unless you are absolutely certain that you lost your PR status (and "I signed a form one time" is not that certainty), chances are that you remain a PR.

And repeat: you can't be sponsored while a PR.

When did you last visit Canada?

The most recent trip back to Canada was last Christmas and I entered with a visitor visa..

 

[armoured]

The most recent trip back to Canada was last Christmas and I entered with a visitor visa..

If you were issued a visitor visa then yes, you must have renounced your PR status (or otherwise lost it).

You should be able to have your spouse sponsor you, standard process.

 

[trdoorsdown]

If you were issued a visitor visa then yes, you must have renounced your PR status (or otherwise lost it).

You should be able to have your spouse sponsor you, standard process.

Thanks for confirming