I am currently in Canada on PR but I was outside for four years, can I sponsor my wife?

[hamidrezazadeh]

I’m in Canada and I have valid PR card. But I lived in pas 4 years outside Canada. Since To keep PR status I have to live 2 out of 5 years in Canada l, is there a problem with sponsoring my wife?

 

[Rob_TO]

.

If you don't meet the residency obligation at the time you apply, the app will be rejected and the process will be started to terminate your own PR status.

So you must stay inside Canada 2 straight years before being able to submit an app to sponsor your wife. During the time waiting, you should not leave Canada for any reason.

 

[hamidrezazadeh]

Is this happens to all applications or it may not happen to me? How much chance do I have if I apply everything goes right?

 

[Lele74]

I was living in the uk for the last 25 years, married my husband who is English and had two childten. I moved back to Canada last November and am sponsoring my husband. We are just waiting for his side as the PA to be accepted so he can join us. Therefore you can sponsor your wife. Hope that helps and good

 

[ashpash22]

I was living in the uk for the last 25 years, married my husband who is English and had two childten. I moved back to Canada last November and am sponsoring my husband. We are just waiting for his side as the PA to be accepted so he can join us. Therefore you can sponsor your wife. Hope that helps and good

You are a Canadian citizen, the OP is a Permanent Resident so the rules are different. OP needs to meet residency requirements to have valid PR status and be able to sponsor.

 

[scylla]

Is this happens to all applications or it may not happen to me? How much chance do I have if I apply everything goes right?

It happens to all applications. There is no chance your wife's PR application will be approved if you apply now. The application will be refused and IRCC will also start the process of revoking your PR status. As has been explained, you need to wait until you have lived in Canada for two years and meet the residency obligation.

 

[scylla]

I was living in the uk for the last 25 years, married my husband who is English and had two childten. I moved back to Canada last November and am sponsoring my husband. We are just waiting for his side as the PA to be accepted so he can join us. Therefore you can sponsor your wife. Hope that helps and good

Not applicable to this situation. You're a citizen. Entirely different story.

 

[hamidrezazadeh]

I talked with couple lawyers and all of them said does not matter if you don’t meet residency obligations. You can still apply for your wife. Residency obligations will be examined when you are applying for a new pr card or citizenship.

 

[Rob_TO]

I talked with couple lawyers and all of them said does not matter if you don’t meet residency obligations. You can still apply for your wife. Residency obligations will be examined when you are applying for a new pr card or citizenship.

Read this Sponsor form, Question 5: Address History for past 5 years
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5532e.pdf

Once a visa officer notices you don't meet the RO, they can indeed start process to terminate your PR status. They don't need to wait for applying a new card.

But by all means feel free to believe the lawyers, and I'm sure they would live to take you as a client. Let us know how the application goes.

 

[zardoz]

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/ip/ip02-eng.pdf

5.36. Suspension of processing
Processing of a sponsorship application may be suspended if a sponsor or co-signer
becomes subject to:
• citizenship revocation proceedings;
• an inadmissibility report under A44(1);
• serious criminal charges (i.e. involving an offence punishable by a maximum
term of imprisonment of at least 10 years);
• suspension under A63(4) - appeal to IAD on permanent residency obligations is
outstanding.

http://laws.justice.gc.ca/eng/acts/i-2.5/

Loss of Status and Removal
Report on Inadmissibility
Preparation of report

44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

41 A person is inadmissible for failing to comply with this Act

• (a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
  
  
• (b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.

28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

So, there is a direct link from failing to comply with the Residency Obligations (A28) leading to Inadmissibility (A41(b)) to a report (A44(1)) and suspension of the application (IP-02).

 

[scylla]

I talked with couple lawyers and all of them said does not matter if you don’t meet residency obligations. You can still apply for your wife. Residency obligations will be examined when you are applying for a new pr card or citizenship.

Lawyer are wrong. We've seen lots of cases here that prove the opposite is true. If you decide to go ahead and ignore the advice here, make sure you have a plan in place for what you will do when you lose your PR status.

 

[hamidrezazadeh]

What if she applies for visitors visa?

 

[ashpash22]

What if she applies for visitors visa?

She can try to get a TRV to come visit you but she may be refused.
If she is approved, it still doesn’t mean you can sponsor her right now.

 

[nigava]

I’m in Canada and I have valid PR card. But I lived in pas 4 years outside Canada. Since To keep PR status I have to live 2 out of 5 years in Canada l, is there a problem with sponsoring my wife?

Hi hamidrezazadeh,

When you entered Canada after 4 years, were you given 44(1) since you did not meet the PR requirements for 730 days?

I am planning to migrate to Canada but we were worried that we will be given removal order 44(1) at the port of entry since we have not met the 730 days requirement. We were planning to travel earlier but my wife was expecting twins so we were not able to move.

 

[Bs65]

Whether hamidrezazedh was given anything is not really relevant given every case would be unique. If someone has failed the residency obligation and attempts to enter a Canada then they will just have to take their chances of not being reported leading to PR status being revoked subject to appeal.