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Non-resident Canadian, how do I apply for PR for my wife?

Rhamy

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Sep 24, 2012
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Hello, I am born in Canada but I am a non-resident. I work for a multi-national (Not Canadian) company and my life and career are not in Canada at present. My wife is Egyptian and our 2 year old son is Canadian (He got the passport from me). Question is how can I get my wife to ultimately become a Canadian citizen, knowing that I do not live in Canada. We are open to her being in Canda for periods of time but we do not want to split up our family?
Feedback/more questions appreciated.

Best regards,
Rhamy
 

truesmile

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Simply put, to start you must first apply for PR for your wife. Same as the rest of us on this section of the forum. Granted in your case you must also provide PROOF that BOTH of you will settle and actually LIVE in Canada . . . as the term 'permanent resident' suggests. If you're not ready to do that now or in the foreseeable future, then don't apply for PR yet.
 

scylla

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And once your wife has PR status, she will need to live in Canada three out of the previous four years to qualify to apply for citizenship.
 

jo-macral

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I'm a non-resident Canadian, and am in the process of sponsoring my wife to come to Canada. The one requirement for this, is that you, as the sponsor MUST move back to Canada, and must prove (or convince) the CIC that you will remain there through the sponsorship period. After your wife has been in Canada for three years via a PR, then she can apply to become a Citizen.
 

scylla

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jo-macral said:
I'm a non-resident Canadian, and am in the process of sponsoring my wife to come to Canada. The one requirement for this, is that you, as the sponsor MUST move back to Canada, and must prove (or convince) the CIC that you will remain there through the sponsorship period. After your wife has been in Canada for three years via a PR, then she can apply to become a Citizen.
That's not correct. If the sponsor is a PR - they must be living in Canada in order to sponsor their spouse and must continue living in Canada while the application is being processed.

If the sponsor is a Canadian citizen, they can sponsor while living outside of Canada but must demonstrate (provide proof) that they will return to Canada to live there permanently once the spouse's PR visa has been approved.
 

Leon

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A Canadian citizen does not have to be living in Canada to sponsor a spouse as long as he can provide sufficient proof that he and his wife will move to Canada once she gets her PR.

After she gets her PR, should they not be able to live in Canada for a full 3 years to let her apply for citizenship, at least she does not have to worry about losing her PR again while she is living with the Canadian husband outside Canada. PR of spouses of Canadians is protected towards the residency obligation as long as they are staying with their spouses abroad. She can therefore go to Canada years later, stay her 3 years and apply for citizenship then.
 

Isometry

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scylla said:
That's not correct. If the sponsor is a PR - they must be living in Canada in order to sponsor their spouse and must continue living in Canada while the application is being processed.

If the sponsor is a Canadian citizen, they can sponsor while living outside of Canada but must demonstrate (provide proof) that they will return to Canada to live there permanently once the spouse's PR visa has been approved.
It's correct in the OPs case. He states that he was born in Canada and that his son has a Canadian passport through him, so we can safely assume that he's a Canadian citizen, not PR.
 

Rhamy

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Sep 24, 2012
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Thanks for all the replies, what is being said so far is in line with what I have read on the CIC website. What does what is written below mean (from CanadaVisa site)? If I read it correctly then my wife can be with me outside Canada and her days are counted as if she were in canada, or am I mis-interpreting?

Canadian Residency Obligations
Canadian Permanent Residents must meet certain residency obligations or they may lose their Permanent Resident status. Two years of "residency days" must be accumulated in every five-year period. Residency days need not be consecutive and may be accumulated inside or even outside of Canada, in the following ways:

Inside Canada:

By physical presence

Outside of Canada:

By accompanying a Canadian citizen spouse/common-law partner, or
As a child accompanying a parent, or
By employment on a full-time basis with a Canadian enterprise or the Public Service of Canada, or
By accompanying a Canadian Permanent Resident who is outside Canada and who is employed on a full-time basis by a Canadian enterprise or the Public Service of Canada, as the employee's spouse/common-law partner or child.

Prior to June 28, 2002, Canadian Permanent Residents could, in certain circumstances, obtain Returning Resident Permits that allowed the holder to remain abroad for a given length of time. Returning Resident Permits are no longer available, but any time remaining on a previously issued permit will be honoured. Moreover, days that have been spent outside of Canada under a valid Returning Resident Permit are accounted as residency days.

The calculation of residency days for a person who has been a Canadian Permanent Resident for more than five years will be limited to the five years immediately preceding the examination. Persons who have been Canadian Permanent Residents for less than five years must demonstrate that they will be able to meet the residency requirement during the five-year period immediately following their becoming a Canadian Permanent Resident.
 

scylla

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Yes - once your wife has PR status, the days she spends outside of Canada with you will count towards her residency requirement to maintain her PR status.

These days will not, however, count towards citizenship. For citizenship she must be physically living in Canada.
 

Leon

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Rhamy said:
Thanks for all the replies, what is being said so far is in line with what I have read on the CIC website. What does what is written below mean (from CanadaVisa site)? If I read it correctly then my wife can be with me outside Canada and her days are counted as if she were in canada, or am I mis-interpreting?
Scylla is right. Your wife's PR is protected as long as she is living with you but she will not gain the right to apply for citizenship based on those days with you outside Canada unless you are Canadian military or working for the government.
 

PMM

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Hi


Leon said:
Scylla is right. Your wife's PR is protected as long as she is living with you but she will not gain the right to apply for citizenship based on those days with you outside Canada unless you are Canadian military or working for the government.
Should also note that from the OP's post that he has no intention of residing in Canada. One of the criteria of a Canadian citizen sponsoring abroad is include with the sponsorship a plan for re-establishing himself in Canada once his spouse is issued a visa.
 

Leon

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PMM said:
Hi


Should also note that from the OP's post that he has no intention of residing in Canada. One of the criteria of a Canadian citizen sponsoring abroad is include with the sponsorship a plan for re-establishing himself in Canada once his spouse is issued a visa.
Thanks PMM, we already covered that:

Leon said:
A Canadian citizen does not have to be living in Canada to sponsor a spouse as long as he can provide sufficient proof that he and his wife will move to Canada once she gets her PR.
 

Fencesitter

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What if at the time of submitting the app the sponsor had the intention to return to Canada, but then later, after PR has been granted, decided to continue living abroad? Would they be considered misrepresentation and grounds to revoke the PR status? I understand that my wife can live with me abroad and still count those days towards the residency requirement.

The reason I ask is because we plan to complete the landing procedures and then return to China for about 5.5 months so that we can finalize our relocation arrangements and also so that I can complete my contract. Would this be misrepresentation if CIC found out that we had landed and then returned to China for half a year before settling permanently in Canada?

FS
 

computergeek

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Fencesitter said:
What if at the time of submitting the app the sponsor had the intention to return to Canada, but then later, after PR has been granted, decided to continue living abroad? Would they be considered misrepresentation and grounds to revoke the PR status? I understand that my wife can live with me abroad and still count those days towards the residency requirement.
If CIC could show that you knowingly misrepresented yourself, then they could proceed against you (and potentially your PR spouse), but this is a fairly high bar to reach and I've never read a single case of them doing this. With that said, I would note the current government has definitely increased the level of enforcement, so there is always a risk of this happening. From a legal perspective it would be a challenge to prove something like this. Suppose, for example, that after your wife lands, you are offered an amazing job that requires you continue to live abroad. In such a case I cannot imagine any court deciding you had misrepresented yourself. Now if you just kept working for the same employer without a change in conditions there might be a reasonable basis to claim you committed misrepresentation.

I suspect this is why they require strong evidence you plan on returning at the time of the application.
 

Leon

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Fencesitter said:
Would this be misrepresentation if CIC found out that we had landed and then returned to China for half a year before settling permanently in Canada?
I don't think it would be a problem because you really are planning to settle, you just can't do it immediately. Like computergeek, I have never heard of misrepresentation being claimed for such a case. However, if immigration finds that more and more people are not settling in Canada after sponsoring their spouses, they may eventually forbid people from sponsoring a spouse from overseas. However, they don't exactly make it easy for people with foreign spouses to visit Canada because they often refuse to grant them visit visas, even if the family is living overseas for years with no plans to go back to Canada. Sometimes, a PR application is a last resort for people who just want to be able to bring their foreign spouse with them to visit family in Canada.