Hello all,
I have been going through the forum and this question has been asked in some other flavors. These are my specific questions, as I think I have done my research.
First, a brief background. I came to Canada in 2012 on work permit, became a PR through CEC in Oct 2014 and became a citizen this June 2019. I got married in 2015 and sponsored my wife in 2016. She landed as a PR in Dec 2016. She has been living in Germany since then and except for short vacations in Canada (total around 3 months), she has almost no residence in Canada post PR.
She will be finishing 3 years of her PR status this coming February 2020. After I got my citizenship, I moved to Germany with her. So, we have been living together since August 2019 and will continue to do so. On her own, she would missed her residency obligations this February 2020. As spouse of citizen, she can technically count these days. But it was the citizen who accompanied the PR and not the other way around. So, from my readings on the forum, this means her PR would indeed expire for lack of residence.
These are my questions:
1. Is it still worth trying to appeal that we were living together in Germany and therefore appeal for extension of her PR when it expires in 2020?
2. If not, we could apply again and I could do the spousal sponsorship. Will there be more scrutiny because she failed to maintain her first PR?
3. If we decide to go back to Canada before her PR expires in 2020, I guess she will be allowed to enter but will be reported for her residence obligations not being met. Can we try to appeal with proof we stayed together at that time? If not, to reapply for PR, would she have to leave the country, relinquish her PR and then reapply? Is there any way we would could put in an application while in Canada and for her to stay until the decision is made?
Thanks very much in advance.
I have been going through the forum and this question has been asked in some other flavors. These are my specific questions, as I think I have done my research.
First, a brief background. I came to Canada in 2012 on work permit, became a PR through CEC in Oct 2014 and became a citizen this June 2019. I got married in 2015 and sponsored my wife in 2016. She landed as a PR in Dec 2016. She has been living in Germany since then and except for short vacations in Canada (total around 3 months), she has almost no residence in Canada post PR.
She will be finishing 3 years of her PR status this coming February 2020. After I got my citizenship, I moved to Germany with her. So, we have been living together since August 2019 and will continue to do so. On her own, she would missed her residency obligations this February 2020. As spouse of citizen, she can technically count these days. But it was the citizen who accompanied the PR and not the other way around. So, from my readings on the forum, this means her PR would indeed expire for lack of residence.
These are my questions:
1. Is it still worth trying to appeal that we were living together in Germany and therefore appeal for extension of her PR when it expires in 2020?
2. If not, we could apply again and I could do the spousal sponsorship. Will there be more scrutiny because she failed to maintain her first PR?
3. If we decide to go back to Canada before her PR expires in 2020, I guess she will be allowed to enter but will be reported for her residence obligations not being met. Can we try to appeal with proof we stayed together at that time? If not, to reapply for PR, would she have to leave the country, relinquish her PR and then reapply? Is there any way we would could put in an application while in Canada and for her to stay until the decision is made?
Thanks very much in advance.
