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marriage question

sk8er

Newbie
Apr 18, 2010
4
0
Hi,
I am a Canadian PR holder marrying a Canadian citizen.

1. Will I get my residency requirement removed (right now I have to stay in Canada for 2 out of 5 years) ?
2. If yes, what application do we need to file for it ?
3. Is it better if we get married inside Canada or outside Canada ?
 

fibud

Star Member
Mar 2, 2010
83
4
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
18-01-2010
AOR Received.
07-04-2010
Med's Done....
18-12-09
Interview........
waived
Passport Req..
03-06-10
VISA ISSUED...
14-06-10
LANDED..........
23-06-10
1. Requirement remains the same - and if you want to apply for Citizenship its 3 years in Canada within 4 years of the date you apply. HOWEVER - there is a technicality that states if you leave Canada and live in another country accompanying a Canadian citizen (common-law partner/spouse) those days will still count towards your residency requirements provided you have proof!

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

2. -

3. Does not matter where you get wed.
 

sk8er

Newbie
Apr 18, 2010
4
0
1. What proof would you need if you accompanied the person outside Canada ?
2. So if I did not have Canadian PR and my Canadian citizen spouse sponsored me, then I wont have any residency requirements ( 2out of 5 years ) on me, right ? Then why the double standard. Why don't they drop the residency requirements in cases like mine ?
3. What I am basically asking is can I have a Canadian PR without the 2 out of 5 years residency requirement i.e. just a Canadian PR forever ?
 

matthewc

Hero Member
Jan 18, 2010
592
47
Grimsby, ON
Category........
Visa Office......
Inland (CPC-Vegreville)
Job Offer........
Pre-Assessed..
App. Filed.......
27.09.2006
AOR Received.
05.12.2006
VISA ISSUED...
11.02.2008
LANDED..........
31.03.2008
1. Rental agreement in both your names, mail addressed to you both at the same address, utility bills, etc.

2. The residency requirement applies to all permanent residents, it doesn't matter how you acquired PR - through skilled worker or spousal sponsorship. The requirement is that you have to be living in Canada 2 years out of 5. However, if you are living outside Canada with your Canadian citizen spouse, then that counts. Effectively, as long as you are living with your Canadian citizen spouse, the residency requirement is dropped. Whether the Canadian citizen spouse was originally your sponsor, or someone you married after becoming a PR, doesn't matter. There's no double standard.

3. In theory, as long as you live with your spouse, you could live outside Canada permanently and keep your PR status, yes.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
fibud said:
1. Requirement remains the same - and if you want to apply for Citizenship its 3 years in Canada within 4 years of the date you apply. HOWEVER - there is a technicality that states if you leave Canada and live in another country accompanying a Canadian citizen (common-law partner/spouse) those days will still count towards your residency requirements provided you have proof!

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
The link is about applying for a PR Card (required 2 years/5). Does the tehnicality also apply to the citizenshi requirement of 3 years out of 5?
 

sk8er

Newbie
Apr 18, 2010
4
0
1. Can a Canadian PR sponsor spouse for a Canadian PR ?
2. Can he bring her on a temporary visa until the spouses PR gets done ?
3. How long the does the PR for the spouse take ?
 

fibud

Star Member
Mar 2, 2010
83
4
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
18-01-2010
AOR Received.
07-04-2010
Med's Done....
18-12-09
Interview........
waived
Passport Req..
03-06-10
VISA ISSUED...
14-06-10
LANDED..........
23-06-10
sk8er said:
1. Can a Canadian PR sponsor spouse for a Canadian PR ?
2. Can he bring her on a temporary visa until the spouses PR gets done ?
3. How long the does the PR for the spouse take ?
1. Yes - but in this case the Canadian PR must be currently residing in Canada.
2. Yes - if he/she is from a visa-exempt country they can enter and be granted up to 6 months as a visitor - but will have to either apply for any extension of status to stay longer or leave Canada and re-enter; otherwise he/she will have to apply for a visitor visa which is not a forsure thing as it will depend on how much proof they submit of their ties back to their current residence (ie. employment, school, rental agreement/house deed, return ticket).
3. Depends, can take anywhere from 4 months to a year. Outland cases are usually shorter (6-8 months average). You can check the average processing times online: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp
 

Gnest

Newbie
Nov 11, 2010
5
0
Hi all, on a related topic.

Q:Will CIC allow a PR card holder to fullfill all of residency obligation time by accompanying a Canadian citizen spouse outside of Canada.

Is it possible: once approved PR, enter Canada to pick up PR. Leave Canada and return to Canada after 2 - 3 years. During this time the sponsored is being accompanied by a citizen to fullfill residency obligation.

Thanks
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
BeShoo said:
The link is about applying for a PR Card (required 2 years/5). Does the tehnicality also apply to the citizenshi requirement of 3 years out of 5?
No. And eligibility to apply for citizenship is physical presence in Canada for 3 out of the previous 4 years.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
Gnest said:
Hi all, on a related topic.

Q:Will CIC allow a PR card holder to fullfill all of residency obligation time by accompanying a Canadian citizen spouse outside of Canada.

Is it possible: once approved PR, enter Canada to pick up PR. Leave Canada and return to Canada after 2 - 3 years. During this time the sponsored is being accompanied by a citizen to fullfill residency obligation.

Thanks
Yes and yes, as long as the citizen is the PR's spouse/common law partner.