Inquiry Regarding PR Status and Sponsoring Spouse After Returning to Canada

[ananthulasrikar]

* I am currently a Canadian citizen.
* My spouse is Indian and is a PR holder in Canada.
* We plan to move to India in 2025 or 2026 and return to Canada after several years (likely around 2035).
I would like to know:

1. What happens to my spouse's PR status if we are outside of Canada for an extended period (several years, potentially up to 10 years)?
2. Will there be any issues when we apply for spousal sponsorship for PR upon our return to Canada?
3. Are there any specific requirements or considerations that we should be aware of when re-entering Canada after an extended absence and sponsoring my spouse?

Your guidance on these matters would be greatly appreciated.

Thank you in advance for your assistance.

 

[Ponga]

Your post is a bit confusing:
"I hope this message finds you well. I am seeking clarification regarding my Permanent Resident (PR) status and the process for sponsoring my spouse for PR after we return to Canada.

To provide some context:

• I am currently a Canadian citizen."

So, are you a PR of Canada or a citizen of Canada?


Generally, a PR that, after establishing residency in Canada, moves abroad with their Canadian spouse or partner, can still maintain their PR status. Remember that the PR Card expires; PR status does not, but can be lost for breaching the Residency Requirement.

 

[ananthulasrikar]

Your post is a bit confusing:
"I hope this message finds you well. I am seeking clarification regarding my Permanent Resident (PR) status and the process for sponsoring my spouse for PR after we return to Canada.

To provide some context:

• I am currently a Canadian citizen."

So, are you a PR of Canada or a citizen of Canada?


Generally, a PR that, after establishing residency in Canada, moves abroad with their Canadian spouse or partner, can still maintain their PR status. Remember that the PR Card expires; PR status does not, but can be lost for breaching the Residency Requirement.

apologies for the confusion, I edited the post, hope its clear now.

 

[Ponga]

apologies for the confusion, I edited the post, hope its clear now.

Thanks.

You don't seem to understand that since your spouse is already a PR of Canada...there's no need to`sponsor' your spouse. Your spouse will need to renew their PR CARD once it expires, but not their PR STATUS as it does not expire.

Just curious to know when you were married.

 

[steaky]

I hope this message finds you well. I am seeking clarification regarding my Permanent Resident (PR) status and the process for sponsoring my spouse for PR after we return to Canada.

To provide some context:

• I am currently a Canadian citizen.
• My spouse is Indian and is a PR holder in Canada.
• We plan to move to India in 2025 or 2026 and return to Canada after several years (likely around 2035).

I would like to know:

1. What happens to my spouse's PR status if we are outside of Canada for an extended period (several years, potentially up to 10 years)?
2. Will there be any issues when we apply for spousal sponsorship for PR upon our return to Canada?
3. Are there any specific requirements or considerations that we should be aware of when re-entering Canada after an extended absence and sponsoring my spouse?

Your guidance on these matters would be greatly appreciated.

Thank you in advance for your assistance.

Your spouse will still be a PR unless she renounce her status or lose her status. Apply her permanent resident travel documents in 2035 to re-enter Canada since her PR card would be expired.

 

[ananthulasrikar]

Your spouse will still be a PR unless she renounce her status or lose her status. Apply her permanent resident travel documents in 2035 to re-enter Canada since her PR card would be expired.

Thank you for the quick response. If I understand it right, if spouse is PR & moved outside of the canada (with husband as canada citizen) for 10 yrs then PR card will be expired but PR status remains valid. So when we wanted to move back to Canada in 2035, if we apply for new PR card, would not IRCC reject issuing the PR card as spouse did not met the Residency obligation of 2 yrs physical presence is not met ?

 

[steaky]

Thank you for the quick response. If I understand it right, if spouse is PR & moved outside of the canada for 10 yrs then PR card will be expired but PR status remains valid. So when we wanted to move back to Canada in 2035, if we apply for new PR card, would not IRCC reject issuing the PR card as spouse did not met the Residency obligation of 2 yrs physical presence is not met ?

Since the applicant need to be in Canada physically in order to renew the PR card, in 2035, so she will need get a PRTD (permanent resident travel documents) from a Canadian consulate before she can return to Canada.

 

[ananthulasrikar]

That means if she does not met the residency obligations , she can still get PRTD & Valid PR card and then travel to canada again with me in 2035 ? I also came across https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=370&top=5 which says if PR is staying outside of Canada with Canada citizen, the physcial presence days are counted as if they stay in canada.

 

[steaky]

That means if she does not met the residency obligations , she can still get PRTD & Valid PR card and then travel to canada again with me in 2035 ? I also came across https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=370&top=5 which says if PR is staying outside of Canada with Canada citizen, the physcial presence days are counted as if they stay in canada.

But she still has to send an application in 2035 before she can get PRTD or PR card. God knows if she can get them.

 

[ananthulasrikar]

But she still has to send an application in 2035 before she can get PRTD or PR card. God knows if she can get them.

Thank you. https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=370&top=5 which says if PR is staying outside of Canada with Canada citizen, the physcial presence days are counted as if they stay inside canada ? Could you please help me understand ?

 

[Ponga]

That means if she does not met the residency obligations , she can still get PRTD & Valid PR card and then travel to canada again with me in 2035 ? I also came across https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=370&top=5 which says if PR is staying outside of Canada with Canada citizen, the physcial presence days are counted as if they stay in canada.

Here it is in a nut shell:

A PR that is accompanying their Canadian [citizen] spouse or Common-Law partner abroad can [usually?] have those days abroad count towards the required 730 days within each rolling 5-year window...to maintain PR Status.

There has been much discussion regarding the `who followed whom' issue, but if the PR had established themselves in Canada prior to moving abroad, it's beneficial.

If she does NOT meet her R.O. (Residency Obligation), she should not apply for a PRTD.

 

[steaky]

Thank you. https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=370&top=5 which says if PR is staying outside of Canada with Canada citizen, the physcial presence days are counted as if they stay inside canada ? Could you please help me understand ?

It's will be more simple, if don't meet her RO, she renounce or lose her PR status. After that, in 2034, you as a Canadian citizen exclusively living outside Canada sponsor her for immigration, return together to Canada in 2035 if she receives her PR visa / COPR.

 

[Ponga]

It's will be more simple, if don't meet her RO, she renounce or lose her PR status. After that, in 2034, you as a Canadian citizen exclusively living outside Canada sponsor her for immigration, return together to Canada in 2035 if she receives her PR visa / COPR.

If things happen the way the OP is hoping (they reside abroad, together) and the spouse's days do in fact count towards the R.O., simply applying for a PRTD if they need to return to Canada (to visit) is the logical choice.

Choosing to go through a Spousal Sponsorship would be crazy and expensive.

 

[ananthulasrikar]

Here it is in a nut shell:

A PR that is accompanying their Canadian [citizen] spouse or Common-Law partner abroad can [usually?] have those days abroad count towards the required 730 days within each rolling 5-year window...to maintain PR Status.

There has been much discussion regarding the `who followed whom' issue, but if the PR had established themselves in Canada prior to moving abroad, it's beneficial.

If she does NOT meet her R.O. (Residency Obligation), she should not apply for a PRTD.

Thank you. She can try renewing her PR card once we move out of the country and see if IRCC counts the number of days spent. If accepted well and good, if not apply for sponsorship and move once approved.

 

[ananthulasrikar]

If things happen the way the OP is hoping (they reside abroad, together) and the spouse's days do in fact count towards the R.O., simply applying for a PRTD if they need to return to Canada (to visit) is the logical choice.

Choosing to go through a Spousal Sponsorship would be crazy and expensive.

Thank you. If I understand it right, hypothetical situation is
2025 left Canada.
2030 apply for PRTD (even we don't travel), if approved well and good
2035 apply for PRTD (even we don't travel), if approved well and good to go, NO need of applying to Spousal Sponsorship. If this did not go through, apply for Spousal Sponsorship & move once its approved.