Landing Date Question

[checkerscom2000]

I have a question about the landing date. My wife has been given a landing date, she is taking some courses to finish her degree right now in her home country and finish a few. Is it possible for her to land in Canada before that landing date and then go back and finish her degree and come to Canada a few months later? Or once she lands in Canada does she have to stay for a certain period of time here? She only has a few more months to finish to get her degree.

 

[missmini]

ur wife has to land until the date shown!! once that is done she can leave Canada as many times as she wants and finish her courses; in order to maintain her PR she needs to b in Canada 2 years every 5 years

every time she will come back to Canada she will have to enter with a valid passport AND PR card; this card will probably take around 6 weeks from the day she lands - so either she will wait for it in Canada (the best scenario) or u'll have to send it to her by mail or through someone

congrats for her visa!!

 

[checkerscom2000]

thanks missmini. the reason i was concerned was because of this link that i found about a rule that just came out, I am kinda confused on what it means. but if it's 2 out of 5 years we would be safe and she would be able to go back and finish her courses. she only has about a month holidays so she won't be able to stay the 6 weeks, but i can send her the PR card and she can come back and stay here for good. Do you know about this new rule? Should I be concerned?

http://www.canadaupdates.com/content/canada%E2%80%99s-conditional-permanent-residence-curbing-marriage-fraud-18209.html

A partner or a spouse getting sponsorship from a Canadian citizen or a Canada permanent resident will have to stay together with their partner offering sponsorship for a minimum period of two years in a legitimate relationship after receiving their Canada permanent residency, revealed Canada immigration minister Jason Kenney.

ur wife has to land until the date shown!! once that is done she can leave Canada as many times as she wants and finish her courses; in order to maintain her PR she needs to b in Canada 2 years every 5 years

every time she will come back to Canada she will have to enter with a valid passport AND PR card; this card will probably take around 6 weeks from the day she lands - so either she will wait for it in Canada (the best scenario) or u'll have to send it to her by mail or through someone

congrats for her visa!!

 

[DCGelfling]

That just means that the two of you have to stay married for at least two years after she lands, if it's even active yet (I'm behind on my news, but the last I heard, the rule was proposed but not enacted?). The rule is aimed at marriages of convenience, not at permanent residents who leave Canada for a time.

 

[missmini]

yes that's right from before; the conditional visa refer to the relationship (if it breaks or not) not to the time she phisically stay in Canada; in any case that's not a law yet - they have been discussing abt it since more than a year now and they still discuss and even if they will make it law tomorrow, she got already her visa and i think it does not matter anymore; or maybe the condition would start when the person lands?! : to b sure she can land maybe sooner than planned

also that condition would b for new relationships; if u have been married for at least 2 years before applying than it would not apply to u at all

another thing: if she is accompanying u (as spouse and Canadian citizen) outside Canada than that time outside Canada will not b considered and she will not loose her PR status but only if she is accompanying u

also she might get the card in less than 6 weeks (with a little luck)

 

[Fencesitter]

Yes, what others have posted is accurate. The one thing that she will need is a travel document from the Canadian Consulate or Embassy. This will allow her to re-enter Canada if she has not yet received her PR card. So, she would be able to return to Canada without her PR card and enter using the travel document. I'm not exactly sure what a travel document is, but you can get one within a week or so (from what the Consulate officer told me on the phone).

I've also heard that if a PR is living exclusively abroad with his/her Canadian sponsor (spouse), that time counts towards the 2 year rule. I haven't bothered to confirm this yet, as we don't plan on living abroad once my wife receives her PR visa. Food for thought...

FS

 

[rjessome]

Yes, what others have posted is accurate. The one thing that she will need is a travel document from the Canadian Consulate or Embassy. This will allow her to re-enter Canada if she has not yet received her PR card. So, she would be able to return to Canada without her PR card and enter using the travel document. I'm not exactly sure what a travel document is, but you can get one within a week or so (from what the Consulate officer told me on the phone).

I've also heard that if a PR is living exclusively abroad with his/her Canadian sponsor (spouse), that time counts towards the 2 year rule. I haven't bothered to confirm this yet, as we don't plan on living abroad once my wife receives her PR visa. Food for thought...

FS

A Travel Document is a document issued by Citizenship and Immigration Canada verifying that the holder is allowed to enter Canada. It is shown to commercial transportation companies to allow boarding for travel to Canada. It's only necessary if you are from a non-visa exempt country.

Yes, you are correct about the residency obligations to maintain PR. If a person is a permanent resident of Canada and is abroad accompanying their Canadian citizen spouse/CL partner, they are able to maintain their PR even though they may not have resided in Canada for 2 out of the previous 5 years.

 

[checkerscom2000]

thanks for the replies everyone. so with a travel document my wife would be able to go back finish her courses and come back here? Or do I need to accompany her back home? there was a rule that I am not sure if this enforced yet where they say that once you land you have to cohabitate with your spouse for 2 years. so does that mean I would have to go back with her until she finishes her studies? below is a summary of the rule, it was to be enforced in March 2012, not sure if it's already enforced, does anyone know?.

The regulation which will soon be effective instead requires continuous cohabitation for two years following landing. This is, of course, a far more severe requirement than merely maintaining a bona fide relationship. (While most conjugal partners cohabitate, periods of separation for a myriad of reasons are common and in many of these instances such separations are not terminations of the relationship and are not connected to immigration fraud.)

A Travel Document is a document issued by Citizenship and Immigration Canada verifying that the holder is allowed to enter Canada. It is shown to commercial transportation companies to allow boarding for travel to Canada. It's only necessary if you are from a non-visa exempt country.

Yes, you are correct about the residency obligations to maintain PR. If a person is a permanent resident of Canada and is abroad accompanying their Canadian citizen spouse/CL partner, they are able to maintain their PR even though they may not have resided in Canada for 2 out of the previous 5 years.

 

[missmini]

that article is not a law yet but nobody knows if or when will be!!!

 

[Fencesitter]

That law is not a problem. As long as you live together, which I would speculate is the whole point in applying for a PR visa, then no worries. Even if you need to travel for a bit (and your spouse or partner stays in Canada), it wouldn't be a problem. The only issue would be if you separated and lived apart during those 2 years...but this is not likely to happen for most of us...

FS