Fulfillment of PR requirements before spousal sponsorship! !!

[eski]

Hi. I saw a post abt a guy whos wife is a PR had lived in Morocco for her medical studies the first five years of her PR status. and has only lived in Canada for the last 10 months since her card was renewed under H&C grounds. . Their application has been with mississauga for 8 months without Sponsorship approval. Cic sent them a mail saying their application was under review. Someone said its because she dint meet the residency requirements the first 5 years and the pr was renewed under H & C.I'm in a similar situation. My wife got hers renewed under H&C and has not lived in Canada for up to 1 year in the last 3.we've been together. (The pr was renewed in 2012)what do you think we should do? ?wait till she's been there for upto 2 years or just try? ?I'm really confused here. Anyone with a similar experience??

 

[Beaverdiva]

More senior members will have more information on this but I thought I'd share our experience ;

My hubby was on the brink of not meeting his residency obligation after being outside of Canada. He returned in the Summer of 2013 to complete 730 days before we filed our sponsorship application. It's been really difficult to be apart but that's what we had to do in order for him to be eligible as a Sponsor. We couldn't apply until he'd brought his RO back in order.

How many days has your wife been in Canada in the last 5 years? As long as she's met the RO she should be OK to sponsor (730 days in the last 5 years). Also, Permanent Residents have to remain in Canada for the duration of the sponsorship process, with the exception of short breaks ( for example 2 or 3 weeks).

 

[eski]

Thanks beaverdiva, she has not completed 730 days yet but her PR card is expiring in 2017 so she has more than enough time to meet up. So you saying you waited till he had done 730 days before you applied for sponsorship? ?hmm. ..that is really tough. .we have a child who is a Canadian citizen. ..does that make a difference? ?

More senior members will have more information on this but I thought I'd share our experience ;

My hubby was on the brink of not meeting his residency obligation after being outside of Canada. He returned in the Summer of 2013 to complete 730 days before we filed our sponsorship application. It's been really difficult to be apart but that's what we had to do in order for him to be eligible as a Sponsor. We couldn't apply until he'd brought his RO back in order.

How many days has your wife been in Canada in the last 5 years? As long as she's met the RO she should be OK to sponsor (730 days in the last 5 years). Also, Permanent Residents have to remain in Canada for the duration of the sponsorship process, with the exception of short breaks ( for example 2 or 3 weeks).

 

[Beaverdiva]

I'm not sure if having a child with citizenship makes a difference. As far as the sponsorship side of it is concerned, if your wife is sponsoring you then she needs to have PR status (which means that she's met the RO of 730 days within the last 5 years).

Having a child with citizenship is something I'm not familiar with so I can't advise.

Yes, being apart and waiting over 2 years is c**p, but we knew it was the only way forward to achieve our dream of a life together in Canada..... The things we do for love!
Good Luck

 

[Beaverdiva]

I think you'd get more detailed answers about your situation if you give more information.

For example....

When did your wife obtain her PR status?
Was it before you met?
Where do you currently live?
Are you planning to submit an Inland or Outland application?

All of these things help to build up a picture of your background and will help you to get advice off the forum

 

[eski]

She first got PR in 2007 with her parents who r now citizens. But because of school she did not fulfill the RO but it was renewed in 2012 under H&C grounds. We met in 2013.got engaged in 2014...married 2015.we live in nigeria. She has been to Canada first for 4 months in 2012 when it was renewed and then for 5 months when she delivered our daughter this year. So roughly 9 months but it's expiring in 2017 may so there's more than enough time to complete 2 years or 730 days.what im confused abt is if we can apply now she'll travel back and stay through the application while living with her parents who will also give us support letters. We were planning to submit Outland .please i need suggestions guys. Thanks beaverdiva. ..

 

[SamHom]

As long as she has a PR she should be able to sponsor you. I don't think you have to stay in Canada a certain amount of days before you can sponsor someone.

 

[Alurra71]

If your wife is a PR herself she must be in compliance with her RO or able to comply with her RO. She will need to return to Canada and remain here while she files a sponsorship application for you. Having a citizen child means nothing. Your child has citizenship, it confers no rights to either his/her mother or father.

Remember that the expiration of the PR card has NOTHING to do with RO compliance. In order for your wife to meet RO she must be able to look back at any 5 year period from "today, tomorrow or the day after" and have spent 730 days inside Canada living. If she has not, then she is NOT in compliance and should not file a sponsorship application for you because it will most likely be denied because she is not eligible and it would also put her at risk to lose her PR for non compliance.

She must return to Canada asap to get her RO under compliance in order to sponsor you.