Chances for Spousal sponsorship after PR relinquish !

[kiwi1959]

Hi Guys,

I relinquished my PR at the Embassy, just 5 days before its Expiry (Nov 2013) because I only spent 2 months (not years) out of 5 years in Canada as I have to work outside to be able to financially support my Family (Wife doing basic Part time Job) and 1 Son, now above 18 y and in University. My wife and Son, just had their PR renewed recently.
They should apply soon for Citizenship, before the new Law becomes effective in coming July.

Q1: Taking in consideration, the below points, Can she still "Spousal" sponsor me now after having her PR renewed ?

a- I can show financial subsistence funds (savings) enough for 3 years (for 2: Wife + myself) as stated in CIC Website
requirements for sponsorship, since her part time salary won't be enough. Then I should find any Job within the first
year, hopefully
b- I am 54, working in the IT (Computer) industry.
c- We own a Town house under mortgage in Joint Ownership
d- Most critical point here: The fact to relinquish the PR Status, won't be a major obstacle to convince CIC for
requesting again PR status after only 18 month from relinquishing it.


Q2: Shall we proceed immediately with "Spousal Sponsorship" and after 2 months with their Citizenship application ?
is there any interrelation between the 2 ?
May be when CIC sees that there is an ongoing request for spousal sponsorship, this gives a + for her Citizenship
application.

Thank you in advance for sharing your thoughts with me.

 

[canuck_in_uk]

Hi

1. Yes, she can sponsor you. Your previous PR relinquishment will have no effect.

2. Sponsorship and citizenship apps have nothing to do with each other, so you can apply whenever you want. A sponsorship app will have zero effect on your wife's citizenship app.

 

[canadianwoman]

Agreed. She can sponsor you. The visa officer will want to know why you relinquished the previous PR, but the explanation you gave us is fine.

 

[kiwi1959]

Thank you canuck_in_uk and canadianwoman for your replies.

However I directly spoke with a case very similar to mine, husband, engineer who relinquished his PR then changed his mind after only few months ( like 3 months or so, in my case it will be 18 mths) then he applied under Spousal sponsorship. He's been refused aggressively, I can't remember exactly what was CIC nasty answer to him, his case is with a lawyer now with low perspective apparently.
I should recognize here that changing mind after just 3 mths is like a provocation/offence to CIC.

I'm wondering about mine (18 mths after PR Relinquish) ?
Question: Shall we (wife & I) apply for Spousal sponsorship by ourselves or thru an immigration lawyer or wait for the first refusal then hire a lawyer ? What do you think ?

Cheers,

 

[canuck_in_uk]

However I directly spoke with a case very similar to mine, husband, engineer who relinquished his PR then changed his mind after only few months ( like 3 months or so, in my case it will be 18 mths) then he applied under Spousal sponsorship. He's been refused aggressively, I can't remember exactly what was CIC nasty answer to him, his case is with a lawyer now with low perspective apparently.
I should recognize here that changing mind after just 3 mths is like a provocation/offence to CIC.

I'm wondering about mine (18 mths after PR Relinquish) ?
Question: Shall we (wife & I) apply for Spousal sponsorship by ourselves or thru an immigration lawyer or wait for the first refusal then hire a lawyer ? What do you think ?

If this other person has said that is the reason his app was refused, he is lying. There is a VERY finite number of reasons under the law in which a spousal app can be refused and having previously relinquished status is definitely not one of them. Ask to see this person's actual refusal letter; it is probably something like a suspected Marriage of Convenience, didn't comply with a request, misrepresentation etc.

Relinquishing your PR status won't be seen as a bad thing; if anything, you realized you didn't meet the requirements and voluntarily gave up your status, showing that you know the rules and are not trying to take advantage of Canada as so many others have done in the same situation.

Don't bother with a lawyer, waste of money. Do the app yourselves.

 

[PMM]

Hi

If this other person has said that is the reason his app was refused, he is lying. There is a VERY finite number of reasons under the law in which a spousal app can be refused and having previously relinquished status is definitely not one of them. Ask to see this person's actual refusal letter; it is probably something like a suspected Marriage of Convenience, didn't comply with a request, misrepresentation etc.

Relinquishing your PR status won't be seen as a bad thing; if anything, you realized you didn't meet the requirements and voluntarily gave up your status, showing that you know the rules and are not trying to take advantage of Canada as so many others have done in the same situation.

Don't bother with a lawyer, waste of money. Do the app yourselves.

1. There has been a couple of Federal Court cases where a PR has lost status (working overseas) and then the spouse submits a sponsorship. The application was refused by CIC on the basis that the applicant had no intention to immigrate to Canada permanently.

 

[canadianwoman]

The OP would then have to provide plenty of proof that he does intend to stay in Canada now.

 

[canuck_in_uk]

There has been a couple of Federal Court cases where a PR has lost status (working overseas) and then the spouse submits a sponsorship. The application was refused by CIC on the basis that the applicant had no intention to immigrate to Canada permanently.

Do you have a link? I tried searching Canlii but couldn't find any such cases. I'd be interested to see what proofs were submitted with such an app.

 

[kiwi1959]

Hi,
To PMM especially.

What hints would you recommend to show my "intention to immigrate to Canada" after I a previous PR relinquish?
Perfect case is to have a "Job invitation" which I do not have.

Please advise.
Thank you all.

 

[canuck_in_uk]

I think the perfect case would actually be to resign your job, cancel any visas you have there, return to Canada and then apply.