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fornarina

Newbie
Jun 16, 2010
3
0
Hello,

my husband is Canadian citizen, I am German.
We decided to live together in Canada and we have send the application for the permanent residency a few months ago. We have chosen the spousal sponsorship from outside Canada. My husband has been already agreed as a sponsor in Mississagua, since he lives in Quebec we have to send our apllication kit to his province. I wanted to live with him in Canada while we wait for my permanent residency but when I was at the airport I only got the right to stay for 3 months. This is why my husband has come to Germany with me now, unfortunately he does not have the right to stay here more than 3 months without as a tourist. For that reason we would like to make a permanent residency in Germany so that we can be together untill I have received the right to live in Canada.

Here my question:

Do we need to inform the Canadian embassy in Berlin or the Immigration office in Quebec or in Mississagua about the fact that he is going to do the permanent residency in Germany ?

We can remember that is was necessary to fill out that Canada is his only country of residency in order to sponser me. In consequence we thought only to ask for a permanent resideny for approximately 9 months, because we think I could have my proper one in Canada within that period of time.

Can this retard or even lead to refuse of our my permanent residency in Canada?


We would really appreciate it a lot if anyone could give us some advice.
 
I never saw in CIC documents that sponsor has to notify CIC about applications for PR anywhere. But there is a high chance they will find out anyway. On the other hand, your husband must notify CIC of change of address, and if he intends to stay in Germany while applying for PR, then he is obliged to notify CIC about it.

In any case if CIC finds out that he is in Germany, it does not necessarily mean you will be refused. But your husband must demonstrate his intention to return to Canada immediately after you get Canadian PR. And this is pretty shaky ground.

Now about German PR... I do not know German policies but if they are anything like Canadian, you husband is going to abuse the system, as he has not intention to stay in Germany. And if German and Canadian authorities communicate on your case and put puzzle pieces together, you might get into the big mess.
 
this may hinder your application for PR in Canada. One of the questions in the app asks whether or not your husband will be living in Canada. If he said yes he will reside in Canada, then you would have to tell them about the PR in Germany. If he said no, or if he tells them about the PR in Germany then he will have to show proof that he will return back if you are admitted. They may deny you if they believe your intent is to stay in Germany, and this is just one more thing you'll have to proove.

My suggestion is for him to stay 3 months, leave the country for a few days then come back to germany so you dont have to get a visa. He doesnt have to go back to canada, he could just go to france for the weekend and that should be good. I have a similar situation. My husband is costa rican and he cant come to canada, and i can only stay in costa rica for 3 months without a visa. So every 3 months i just leave the country for 4 days and come back and i can stay another 3 months. Thats what i would suggest, that was you dont have to get hm pr in germany, less paperwork, and if immigration asks say hes just visiting.
 
fornarina said:
Hello,

my husband is Canadian citizen, I am German.
We decided to live together in Canada and we have send the application for the permanent residency a few months ago. We have chosen the spousal sponsorship from outside Canada. My husband has been already agreed as a sponsor in Mississagua, since he lives in Quebec we have to send our apllication kit to his province. I wanted to live with him in Canada while we wait for my permanent residency but when I was at the airport I only got the right to stay for 3 months. This is why my husband has come to Germany with me now, unfortunately he does not have the right to stay here more than 3 months without as a tourist. For that reason we would like to make a permanent residency in Germany so that we can be together untill I have received the right to live in Canada.

Here my question:

Do we need to inform the Canadian embassy in Berlin or the Immigration office in Quebec or in Mississagua about the fact that he is going to do the permanent residency in Germany ?

We can remember that is was necessary to fill out that Canada is his only country of residency in order to sponser me. In consequence we thought only to ask for a permanent resideny for approximately 9 months, because we think I could have my proper one in Canada within that period of time.

Can this retard or even lead to refuse of our my permanent residency in Canada?


We would really appreciate it a lot if anyone could give us some advice.

This may be beside the point but is there a reason why you didnt just apply to extend your visa while you were in Canada? Any thought to return to Canada and then apply to extend while you are there... many people on this forum do that.
 
Hi Fornarina

I am Canadian sponsoring my partner while living exclusively outside of Canada (I have been living outside of Canada for over 3 years). I believe the wording is does the sponsor "live exclusively outside of Canada". Having a residency somewhere else does not mean you are living exclusively outside of Canada. As long as your husband maintains his affairs in Canada (bank accounts, home ownership/rental, filing taxes, etc) then he can continue to be considered a Canadian resident.

Basically, if your husband had declared he was living exclusively outside of Canada, he would have to prove that he would be returning. As I understand from your post a PR for Germany is for a particular period of time... so as long as your husband maintains residence in Canada (isn't gone over a year) and the PR for Germany is temporary, I don't think this should cause a problem because clearly he is still planning to return to Canada.

Whether you inform CIC is your decision (once the sponsor is approved, all mail is sent to the applicant, not the sponsor so you don't really need to declare change of address as long as someone's checking that address for him periodically). But, if you do let them know, include a copy of the application to Germany that shows how long you are requesting AND send in proof of maintained residence in Canada.
 
Hi Fornarina,

your husband only can get permanent residency in Germany after 3 years living there. However because you are married he can get temporary residency.
 
Hi there,

I really really need your help. Here is my background.
I first moved to Canada in April 2009 after my husband who is Canadian Citizen who sponsored me from Pakistan. I went back to Pakistan in May 2009 and stayed until January 2010. I was in Canada from January 2010 to October 2012. I went to Pakistan in October 2012 and I am still there i.e. July 2013. During my stay in Pakistan, I delivered a baby. My questions are,
1. How long can I stay in Pakistan for without my PR status/card get affected? (My knowledge is that I should be entering Canada within a year of my leaving the country)
2. How long will it take for us to sponsor/get my baby's paper work done? If you can guide me what documents I will require for his paperwork, that will be wonderful.

I really need your help and I appreciate your time in advance.
 
MrsCasanova said:
......
My husband is costa rican and he cant come to canada, and i can only stay in costa rica for 3 months without a visa. So every 3 months i just leave the country for 4 days and come back and i can stay another 3 months. Thats what i would suggest, that was you dont have to get him pr in germany, less paperwork, and if immigration asks say hes just visiting.

Hi Mrs. Casanova, sorry for the off topic. My wife is from CR as well and based on the confirmation letter from CIC they sent her application to the Mexico office. Wonder if this is the case with your husband as well as I thought Guatemala city was responsible for the applicants from Costa Rica??

Another (On Topic) point. I think Canadians (and most non EU residents) can stay in the European Union 90 days out of 180 days, so the suggestion to leave Germany for a few days most probably won't work out. First because most countries around Germany are part of the EU and in fact the same country, so he'd have to go to Russia or something. Second because it won't be legal.. So long term visa is probably the right strategy for a Canadian staying in Europe for an extended period of time.

P.S.
Actually I just saw on your avatar that your office was Guatemala city. So never mind. Wonder why they sent my wife's app to Mexico??? Hopefully it's not a screw up on their part which would delay even further my wife's application.
 
IanCR said:
Actually I just saw on your avatar that your office was Guatemala city. So never mind. Wonder why they sent my wife's app to Mexico??? Hopefully it's not a screw up on their part which would delay even further my wife's application.

Have a look at the post date, it is nearly 3 years old. Guatemala no longer processes apps.
 
good point ..

I didn't realize the topic was that old.. Also didn't know Guatemala stopped processing applications. They are still listed on the CIC web site..

Thanks for the clarification though..

IanCR