INDIAN SPOUSE SPONSORSHIP PR QUERY

[bhuvan]

I BECOME PR IN DEC 2010 AND STAYED 6 MONTHS IN TORONTO AND CAME BACK TO INDIA FOR MARRIAGE. BUT DUE TO SELECTION OF DESIRED SPOUSE, MY MARRAIGE WAS DELAYED AND I FINALLY GOT ARRANGE MARRIAGE IN DEC 2012. I AM GOING BACK IN AUG 2013 TO TORONTO AND WANT TO SETTLE THERE. NOW I WANT TO SPONSOR MY WIFE FOR PR . SO CAN I APPLY FROM WITHIN INDIA OR CAN I APPLY ONLY AFTER LANDING IN TORONTO? THANKS EXPERTS FOR YOUR ADVICE IN ADVANCE..

 

[blueboom]

As a PR, you need to be in Canada to file the application. because you have only been in Canada for six months out of almost three years, the government may also doubt your intentions to return to Canada to live.

 

[simb]

You need to be back to Canada to sponsor your wife.

 

[bhuvan]

thanks experts for your quick reply, now my query is that should i apply for sponsorship of my wife PR application immediately after landing in toronto or should i wait and first work for few months in canada and then file her application, also tell me whether i will face any residency obligations questions at POE since i willbe now returning to toronto after more than 2 years in india . please guide me in detail for my 2 queries . thank you for your support .

 

[simb]

thanks experts for your quick reply, now my query is that should i apply for sponsorship of my wife PR application immediately after landing in toronto or should i wait and first work for few months in canada and then file her application, also tell me whether i will face any residency obligations questions at POE since i willbe now returning to toronto after more than 2 years in india . please guide me in detail for my 2 queries . thank you for your support .

You can file anytime for sponsorship.. whether its a day after you land...
about your second query.. I dont have any idea but as blueboom said may be CIC will doubt on your intention to return to canada for just sponsoring.. so maybe others more experienced can tell you in detail

 

[bhuvan]

thanks for reply. i mean to say that i am returning toronto after 14 months ,so can it create any problems in my entry in toronto airport by the IO ?

 

[waitingsince2004]

thanks for reply. i mean to say that i am returning toronto after 14 months ,so can it create any problems in my entry in toronto airport by the IO ?

NO

 

[blueboom]

thanks for reply. i mean to say that i am returning toronto after 14 months ,so can it create any problems in my entry in toronto airport by the IO ?

No, they should not give you any problems because you can still meet your pr residency requirement. They may ask at their discretion why you were gone for a year, so prepare for that just in case.

 

[bhuvan]

thanks for reply. i am sorry that i have miscalculated i mean to say that i am returning toronto after 26 months(more than 2 years) on my PR Visa( i become PR in December 2010) ,so can it create any problems in my entry in toronto airport by the IO ? please read my first thread post in which i have mentioned that i had stayed in canada for 6 months after landing and then returned back.

 

[blueboom]

thanks for reply. i am sorry that i have miscalculated i mean to say that i am returning toronto after 26 months(more than 2 years) on my PR Visa( i become PR in December 2010) ,so can it create any problems in my entry in toronto airport by the IO ? please read my first thread post in which i have mentioned that i had stayed in canada for 6 months after landing and then returned back.

you need to be in Canada for two years out of every five years, so you can still meet your pr residency requirement if you re enter Canada in 2013. based on this, the officer should not have a problem with your absence upon reentry because your pr is not in danger, but you should still be prepared to answer any questions as to why you were out of Canada for two years and what you were doing because they may ask.

 

[bhuvan]

thanks blueboom for your replies.. now my final query is as under

should i apply for my wife PR in first month of landing or should i wait for few more months, actually i become landed PR on 23 Dec 2010 and stayed for 6 months and from that time tilldate i am india, now i am again going back to canada in couple of months . my wife told me she cant live without me as we are newly married without kids , i have heard it takes 1 year for spouse PR for indian applicants, so that mean i have to stay in canada for entire 1 year so that my wife gets PR. Can my wife come on visitors visa,
also considering i have maintained very less residency requirements (6 months in first 2 years of landing) so whether if i file my wifes PR as soon as i land whether missisauga office can disapprove as i donot meet Residency obligations. please help

 

[simb]

should i apply for my wife PR in first month of landing or should i wait for few more months, actually i become landed PR on 23 Dec 2010 and stayed for 6 months and from that time tilldate i am india, now i am again going back to canada in couple of months . my wife told me she cant live without me as we are newly married without kids , i have heard it takes 1 year for spouse PR for indian applicants, so that mean i have to stay in canada for entire 1 year so that my wife gets PR. Can my wife come on visitors visa,
also considering i have maintained very less residency requirements (6 months in first 2 years of landing) so whether if i file my wifes PR as soon as i land whether missisauga office can disapprove as i donot meet Residency obligations. please help

I think there should be no problem sponsoring your wife as you land (but still would like others to comment on it)

about processing times.. its 10months for India

usually India takes lesser than that..(if the case is pretty straightforward--no age gaps, same cultural background and few others)

about applying for TRV.. its difficult because they could think about dual intent of your wife (means she just wants to be in canada either by sponsoring or vistor visa) so its really difficult to get one visa.. Though few have got TRV while PR in process.. You can try if you but more chances are of rejecting.
As you are PR you need to stay in Canada until the process is completed (short trips are allowed for few weeks) But as you have not completed your residency requirement yet, I will strongly suggest you to stay in Canada. I know it will be difficult for you and your wife but look on this forum everybody is going through same vain.
It took 1 year and almost 2 months to get my PPR and even I am newly married without kids. so we all feel what you are feeling..

 

[bhuvan]

thanks simb!!

you mentioned let others comment when should i file my wifes PR as soon after landing or after few months of working in canada. so others hero members please comment and help me.. i am very tensed, my wife cant live without me and i she told she cant be seperated for so much time ie more than 1 year from me as i have to stay in canada till her visa approval and neither i or she can meet each other as per forum member simbs comments...

my wife told she wont allow me to go alone and she want to come with me as we are newly married, she is very upset about the whole process of seperation of more than 1 year . also i am not able to find job in canada and last time i did labor job for 6 months so she is worried of job also as i may again do labor job if i cant find skilled work in my profession. overall now i am confused as i am now jobless in both countries.i just want to know how to handle this tough situation to leave her for 1 year and what is guarntee that she will get her PR in year, this is really frustating that she cant even visit me on TRV and i cant leave canada during sponsorhip.. what to do please help us??

 

[UsCa]

I will say the same what Simb has told you... with a live example of mine
I am Indian citizen (US greencard holder)

me and my sponsor hired a lawyer for our case. and our lawyer told us before we applied for sponsorship that I should not apply for TRV as that will make CIC suspicious about that why I want to come to Canada if my sponsor has already applied for my PR.. So, we went by what our lawyer said and got my visa.. Though it took almost an year for us.. But its worth waiting...

everybody goes through what you will be going through... (few months separation) but just see the positive side that you guys will be together after that...
Just look at the other people's VO who has 20+ months processing time... so India has just the half of the time.
its not that bad.

Rest its your wish.

Goodluck

 

[UsCa]

about sponsoring your wife.. you cannot sponsor her right away.. you need to show to CIC that you are re locating to Canada and just did not come to Canada for giving your spouse PR. you need to show that you will now live in Canada.

for re locating you need to show you have full time job or some property owned. otherwise you will not be approved for stage 1