Permanent Resident married to Citizen

[STINSONC]

Hi,
My wife has been a permanent resident for 20 years (not living in Canada the whole time). She has not met the residency requirement during the past five years, although she will soon. Her residency has been called into question and she's been asked to attend a video conference to provide evidence of her residency next month. Separate to this, I have just discovered that I am a citizen - my mother was born in Canada. I have just applied for proof of citizenship (ie. I do not have any proof now - no certificate, no Canadian passport, etc). My wife and I have been married for 7 years and have children together. Since we plan on moving to Canada permanently, I will obviously sponsor her to become a PR once I get my citizenship certificate in the event that her PR is revoked. My question is, can they revoke her PR if she is indeed married to a citizen? While I can't prove my citizenship yet, by the letter of the law I am already a citizen of Canada and she is already a PR. It would seem crazy to have her PR revoked only for me to turn around and sponsor her again in a few months.
Any advise would be appreciated.

 

[CDNPR2014]

of course they can revoke her pr status even though she is married to a canadian citizen. she's being investigated because she failed to meet the requirements of her PR status. her marital status is not relavant and being married to a canadian does not give her any privileges to keep her pr when she failed to comply with the rules.

Whether they decide not to revoke the status if she can prove her intentions to move back immediately with you is unknown. it will be up to the visa officer who handles her case.

if her pr is revoked, you'll be able submit a spousal sponsorship application whether you are a citizen or pr.

 

[Rob_TO]

Hi,
My wife has been a permanent resident for 20 years (not living in Canada the whole time). She has not met the residency requirement during the past five years, although she will soon. Her residency has been called into question and she's been asked to attend a video conference to provide evidence of her residency next month. Separate to this, I have just discovered that I am a citizen - my mother was born in Canada. I have just applied for proof of citizenship (ie. I do not have any proof now - no certificate, no Canadian passport, etc). My wife and I have been married for 7 years and have children together. Since we plan on moving to Canada permanently, I will obviously sponsor her to become a PR once I get my citizenship certificate in the event that her PR is revoked. My question is, can they revoke her PR if she is indeed married to a citizen? While I can't prove my citizenship yet, by the letter of the law I am already a citizen of Canada and she is already a PR. It would seem crazy to have her PR revoked only for me to turn around and sponsor her again in a few months.
Any advise would be appreciated.

Technically days she has spent outside Canada living with a Canadian citizen spouse, should count towards her residency obligation. So if you've been married and lived together the past 7 years, since you're a Canadian citizen that may allow her to meet the RO and not have her PR status revoked.

Yours is a bit of a unique situation so you would need to give IRCC all the info, explain you're a citizen but are still waiting for the certificate, and ask if the exemption to RO for living with a citizen spouse can be applied here.

 

[CDNPR2014]

Technically days she has spent outside Canada living with a Canadian citizen spouse, should count towards her residency obligation. So if you've been married and lived together the past 7 years, since you're a Canadian citizen that may allow her to meet the RO and not have her PR status revoked.

ah! good point - it will be interesting to see if they will apply that rule in this case.

 

[STINSONC]

Thanks for the responses - that's really helpful!
Since her appointment to review her PR status is next month, and I almost certainly wont have my citizenship certificate by then because of processing times, do you think we can make this claim - that she's been married and living with a citizen for 7 years - and, if so, what evidence could we give for my citizenship? Can I provide the same evidence that I have in my application - ie. my mother's birth certificate/passport, etc? Or do you think I can just refer them to my case/name and they should be able to see that I have indeed applied for a certificate of citizenship.
Thanks in advance.