If spouse has become Canadian.

[Peterleesg]

I am asking on behalf of a friend. Info a bit sketchy, but here goes:

He and his family landed quite sometime ago, mid 2004. He went back to his home country to work because he cant find a job in CANADA, after that he did not return to CANADA. Meanwhile his wife stayed on in CANADA with his children but visiting their father regularly during summer breaks. After abt 4 years, his wife and children obtained CANADIAN citizenships in mid 2009. His wife then joined him in his home country for 2 years plus. He is thinking of getting a TD based on the fact that his wife who is a CANADIAN Citizen is living with him for the past 2 years plus, albeit outside CANADA.

Does he get a good chance at TD basing on the facts abv and given the fact that he does satisfy the 2 yrs on rolling 5 years on accompanying CANADIAN Spouse clause.

 

[Leon]

They can only look at the past 5 years before he applies so they will see that for 2 years out of the last 5, he was accompanying a Canadian citizen spouse, therefore he meets the requirements. The only thing they could possibly complain about is who was accompanying who. Since he is the one with the overseas job, it could be said that his wife is accompanying him and not the other way around.

 

[Peterleesg]

They can only look at the past 5 years before he applies so they will see that for 2 years out of the last 5, he was accompanying a Canadian citizen spouse, therefore he meets the requirements. The only thing they could possibly complain about is who was accompanying who. Since he is the one with the overseas job, it could be said that his wife is accompanying him and not the other way around.

Leon, I think Immigration can not use this to reject TD. Who is accompanying who is very subjective. The man can claim that he does not want his wife to come and he might has plan to go elsewhere to work, but his CANADIAN wife wanted to stay with him in his home country and he has no choice but to accompany her or risk her anger. How's that?

 

[Leon]

Leon, I think Immigration can not use this to reject TD. Who is accompanying who is very subjective. The man can claim that he does not want his wife to come and he might has plan to go elsewhere to work, but his CANADIAN wife wanted to stay with him in his home country and he has no choice but to accompany her or risk her anger. How's that?

I have heard of a case where a TD was rejected for that reason but I think it is unusual for them to care about who is accompanying whom.

The man can not really say that it was his wife who made him stay in home country at the time she joined him because they will see from his address and work history that he is the one who has been living and working there alone for years before she joined him.

 

[Peterleesg]

I have heard of a case where a TD was rejected for that reason but I think it is unusual for them to care about who is accompanying whom.

The man can not really say that it was his wife who made him stay in home country at the time she joined him because they will see from his address and work history that he is the one who has been living and working there alone for years before she joined him.

There r indeed justifiable reason to revoke his PR. But from the technicallity of the law, he can argue his case that there is no reason to reject him his TD. Thanks leon for the insightful reply