Hello Leon/Toby .... need your advise

[anusai]

Hello Leon and Tobby,

Thanks for your reply to my questions.

Now if my husband decides to apply for a travel document since he is living with a Canadian wife,
then will they ask me for a proof? What kind of proof will they ask for?

My husband's PR CARD expired in June 2008 but he has been living out of Canada with me. I hold
a Canadian passport. I traveled to Canada in Aug 2008 (for two months) and then went back in Aug 2011
for three weeks only.

When my husband applies for a travel document as suggested by you on the basis that he lives with a canadian wife, then will they check my passport to verify if he is telling the truth? if yes, what all details do u think they might ask me to provide.

I am very worried since I have not declared myself as a non resident and have been living outside for a long time. will I get into some trouble because of that?

My husband does not want that to save his PR status, I should be questioned.. as to when i left canada and why i did not declare myself as a non resident.

pls advise what to do.
thanks
anusai

 

[Leon]

Immigration has absolutely nothing to do with you declaring yourself as a resident or non-resident. That would be the revenue service so immigration will not even know that you didn't declare yourself a non-resident unless you tell them. Even if they knew, why would you get in trouble for it? As far as I know, there is no law that says you must.

If they ask for proof of you living with your husband and I am not saying that they will, I am sure you have some official mail coming to your common address and maybe you have something you both signed for. Is the lease, utilities, phone bills, insurances or anything in both your names maybe? What are you doing in this country? Are you working, going to school, going to any place regularly where you see people who could verify that you live there? Do you go to the doctor or dentist sometimes? There are many ways to prove that you live there.

 

[anusai]

Thanks a lot for your reply..

I work in a school in the country where I live with my husband. offcourse the passport has residence visa of the country. But I have made one big mistake ... which I know I should not have. when i went to canada last summer in aug. then i declared that I left canada a month back .. that i know is a big mistake .. I should not have done that. i dont know if they will pull out records of my landing ..if they do, I may get into trouble.

the canadian immigration from their side would like to verify if my husband is really staying with me or not.
my school will give me a letter if i need to state the period of my employment with them.. other than that
my residence visa stamped on my passport and a bank account.. these r the proof of my stay in this country. The electricity bill/lease documents r all in my husband's name.

waiting to hear from you.
thanks

 

[Leon]

But I have made one big mistake ... which I know I should not have. when i went to canada last summer in aug. then i declared that I left canada a month back .. that i know is a big mistake .. I should not have done that. i dont know if they will pull out records of my landing ..if they do, I may get into trouble.

So on your customs form you said that? If they even look at those and mention that, which nobody knows if they will, you can provide the records that you really are living in the country of your husband and tell them that you don't know why you lied on your customs form, you just felt like it so you did. I am not sure why you did though. I fail to see what you had to gain from that. I think it is very unlikely that you get in trouble for it though.

 

[anusai]

Hi Leon,

I feel so miserable about my declaration on the customs paper. at that point I thought it would not be good on my part to declare that I have been away for 3 years. I was worried about my not declaring a non resident which I should have done.

now there is no going back. incase they pull out my details to counter check.. would be a difficult thing for me. anyways, you think that they might not do so...

in that case I should ask my husband to try to get a travel document and see if it works with my being with him all these years even when his PR expired. As per the law.. I believe living with a canadian spouse is considered as living in Canada.. in which case he is fine.. there are people who live in canada and have not renewed the PR card after it has expired. so we can take a chance. if it does not work out.. we will have to go the the tourist visa.

what do u say? I want to thank you for guiding me and answering all my questions.

 

[Leon]

Time spent outside Canada with a Canadian citizen spouse counts as time in Canada for PR residency requirements so he can apply for a travel document. It is not an option for him though to apply for a visit visa instead because visit visas are for tourists and he is a PR.