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PR obligations. Really appreciate experts help for my situation

sshh13

Star Member
Nov 8, 2013
86
4
Dear friends,

I will appreciate your help with a few questions.
I am married to a Canadian citizen. My husband and I have quite a specific situation and due to that we are confused if we are eligible to start a spousal sponsorship process and if i will be eligible to get and actually save my PR card.
The situation is as follow: My husband is a Canadian born citizen who works for one of the most famous entertainment company of Canada. He's paying all the taxes for the Government of Canada and also Government of Quebec Province. He owns a house in his hometown. He hold a valid Canadian bank account. All his paycheck from work are going to this bank account. However, the specific of his work is that he spends 80% time of the year abroad. Last year we got married and started live with my husband abroad. Luckily it was really easy to get an approval for US visa. Right now I have got a one year multiple visa for Canada. The first part of the year (according his work schedule) we are going to live in Canada and in the second part we are going to move to the States. According to his current work schedule for the next three years it will be roughly like: 70% days in the year in the US and 30% days in the year Canada.
Based on the described situation I am kindly ask to share your thoughts on the following questions:

1. Are we eligible to apply for sponsorship without him quitting his job? Or he will be considered as a non-resident, which will lower his chances be approved as a sponsor?

2. Imagine, he is keeping his job, we applied for sponsorship. We provided the proofs that I am living/travelling with him all the time. Is there any chances that I will be approved for PR (please, do not consider any other factors of approval/dissaproval - just this single fact that we are living abroad for a long time in each year)

3. If I get my PR and he is still working for this Canadian company, we are travelling together, moving between States and Canada on schedule, will I be able to save my PR or will I lose it? (I mean those rules of 730 days). Will the fact that I m living with my husband all the time and he's working for Canadian company do any good for me or not?

This is the only reason which stops us from starting the process right now. We are knowing each for a long time. I got my last visa quite easily, so I don't think that there will be any issues with proving our relationship are genuine. If just for that single reason of business-travelling should we apply, or it s better to postpone the process till we decide to settle down in one place?

Thank you very much in advance.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sshh13 said:
Dear friends,

I will appreciate your help with a few questions.
I am married to a Canadian citizen. My husband and I have quite a specific situation and due to that we are confused if we are eligible to start a spousal sponsorship process and if i will be eligible to get and actually save my PR card.
The situation is as follow: My husband is a Canadian born citizen who works for one of the most famous entertainment company of Canada. He's paying all the taxes for the Government of Canada and also Government of Quebec Province. He owns a house in his hometown. He hold a valid Canadian bank account. All his paycheck from work are going to this bank account. However, the specific of his work is that he spends 80% time of the year abroad. Last year we got married and started live with my husband abroad. Luckily it was really easy to get an approval for US visa. Right now I have got a one year multiple visa for Canada. The first part of the year (according his work schedule) we are going to live in Canada and in the second part we are going to move to the States. According to his current work schedule for the next three years it will be roughly like: 70% days in the year in the US and 30% days in the year Canada.
Based on the described situation I am kindly ask to share your thoughts on the following questions:

1. Are we eligible to apply for sponsorship without him quitting his job? Or he will be considered as a non-resident, which will lower his chances be approved as a sponsor?

2. Imagine, he is keeping his job, we applied for sponsorship. We provided the proofs that I am living/travelling with him all the time. Is there any chances that I will be approved for PR (please, do not consider any other factors of approval/dissaproval - just this single fact that we are living abroad for a long time in each year)

3. If I get my PR and he is still working for this Canadian company, we are travelling together, moving between States and Canada on schedule, will I be able to save my PR or will I lose it? (I mean those rules of 730 days). Will the fact that I m living with my husband all the time and he's working for Canadian company do any good for me or not?
1) He will not be able to qualify as a sponsor unless he can show that he will return to reside permanently in Canada once you land as a PR. As that is not his intention, he should not apply to sponsor you at this time.
2) Not relevant as you will not be approved as a PR if he is not approved as a sponsor.
3) Once you have PR status, it is safe as long as you are accompanying a Canadian citizen spouse/partner.

You need to rethink your plans and time table.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
So if he is working for a Canadian employer and paying taxes in Canada, has a home in Canada and he is not posted overseas for a full time position at a US branch of his company, I believe that he would be seen as a Canadian resident so yes, he can sponsor you.

You do not have to commit to living in Canada 100% of the time even if you get your PR.

Your days spent with your Canadian spouse outside Canada count towards the residency requirements for PR but not for citizenship. You should keep records of your travel dates because you will need them for your PR renewal and you should also keep proof of your travels in case you need it later.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I stand corrected....
 

sshh13

Star Member
Nov 8, 2013
86
4
Zardoz, Leon, thanks for the quick answers!

I have familiarized myself with this document http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf in particular with A28(2)(a)(ii) and R61(4). So this part is clear for me now.
Another part of the puzzle is non-residence vs residence. Indeed he has everything to be a full resident of Canada. I even heard that some people from his work claimed themselves as non-residents because they did not want to pay taxes to the Canadian government even though the company itself is Canadian. But he is paying everything. And yes, he has a house, a bank account, a health insurance from his company. It s just the kind of work his doing - touring around globe. We are not sure yet for how long we will be on tour, maybe one year, maybe for a few, but we will definitely have in mind to settle down in his hometown in Canada. And it would be nice to get this process sorted while we are together on tour.

Leon, do you think it s worth to try? In case of sponsor rejection will we be able to appeal (for example after he quit the job and find another inside Canada)?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
You should look also at http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf with emphasis on section 13.3 (page 39).
 

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
If he is refused based on that he does not reside in Canada and has not shown plans to move to Canada when you get your PR, you can not appeal if your situation has not changed but once he moves back for good, you can apply again.