I concur in the response by
PMM.
But, as I tend to do, I do so with a much longer explanation,
jssandhu said:
hi everybody.
i and my wife go to canada as a PR in 2010 ,my wife got citizenship of canada but my PR card expired when i was outside canada and i stayed in canada only 01 year out of 05 years.my question is
{1) can my wife sponsor me again and how much time it will takes in processing new application for PR (home country india)?
(2) After submitting application , during application in process ,my wife can stay with me in india instead of canada?
(3) Or my wife should stay with me for two years (wife is now canadian citizen) and then i will apply for PRTD from india ? please suggest me i should apply for new PR application or save my previous PR by keeping my wife with me in my home country for 02 years and then apply for PRTD.
pls suggest with your experiences.
As I recall, you have previously explained your situation and forum participants, probably including me, have responded with observations and suggestions.
So I am wondering what has changed or whether this is simply a similar if not largely the same query.
In any event, which route you elect to take is largely a specifically individual decision, one to be made based on the particular circumstances in your personal situation. One route is not inherently better than the other, but very much depends on what works for the individuals involved, and to a significant extent on the relative history of the individuals involved.
Otherwise, I will offer some observations, as follows, with the caveats that I am no expert, I am not qualified to give personal advice, and that I have no personal experience with your situation. My observations are based on, in addition to following personal reports in multiple forums, what I have observed relative to various aspects of similar scenarios as discussed in both IAD and Federal Court decisions, which are
official reports of actual cases.
(1) can my wife sponsor me again and how much time it will takes in processing new application for PR (home country india)?
After your PR status is formally terminated, yes, you can be sponsored by a Canadian citizen spouse. In the official cases, the availability of this is specifically stated as one of the reasons why a PR in your situation does not face undue hardship from losing PR status.
This cannot be done while you are still a PR. You remain a PR unless and until it is formally adjudicated that you have lost PR status. PR status can be formally surrendered, or you can apply for a PR Travel Document and when that is denied that constitutes a formal adjudication terminating PR status.
Regarding the
timeline: I do not know the current timeline. The timelines are continually changing. The Citizenship and Immigration website has links to information about processing timelines, including as to visa offices in particular regions. These, however, tend to be significantly longer than
most (more than half) actually take. The posted timelines, however, are also based on what the timeline was in the recent past, not what it will be currently . . . various factors can affect the timeline generally, for most, and the particular factors in play for the individuals involved will have a significant impact on the timeline. So predicting how long it would take is difficult . . . it can be as fast as half that posted at the website, or it can take considerably longer. How long it took for any two or ten other individuals offers virtually no insight into how long yours would take.
(2) After submitting application , during application in process ,my wife can stay with me in india instead of canada?
Technically? Or practically?
A Canadian citizen spouse can make the application from abroad, but only if the couple plan on returning to live in Canada and submit concrete evidence of this plan, that is, an actual plan not merely an intention.
So technically, yes, your spouse could remain abroad with you while the application is pending, subject to
Immigration, Refugees, and Citizenship concluding there is indeed an actual plan to return to and live in Canada.
If your spouse makes the application from within Canada, while still residing in Canada, and then joins you in India, this issue might not even come up. Or it might. Technically you and your spouse have an obligation to notify IRCC of any change in material circumstances, and the actual residential address of either of you is a material circumstance. I cannot predict how the visa office will react to this scenario.
That said, my sense is that this would be risky. It would not constitute a direct ground for denying the application, but it could result in extensive delays while the visa office assesses the application. And it could lead to a determination that there is not a specific plan to return to live in Canada and that could be a ground for denying the application.
Different visa offices appear to approach such issues with varying degrees of strictness. It has been a long while since I have seen reports about the visa office in India, but my recollection is that it has been among those approaching this issue (scrutinizing the plan to return to and live in Canada) more strictly.
Part of the risk underlying this has to do with the history of living abroad.
(3) Or my wife should stay with me for two years (wife is now canadian citizen) and then i will apply for PRTD from india ? please suggest me i should apply for new PR application or save my previous PR by keeping my wife with me in my home country for 02 years and then apply for PRTD.
This plan probably works. Probably. There are risks. The main risk (and it is just a risk, as the greater probability is that this approach does work) is that the application for the PR TD is denied. If that happens, you do the sponsored spouse application. Again, as a citizen your spouse can sponsor you while abroad. You will need a concrete plan to return to Canada. Of course that too has risks, again given the history of living abroad.
Without suggesting that there was any fudging in your spouse's application for citizenship, if there is any aspect of your spouse's application for citizenship which might be questioned (especially the residency calculation) there is also a risk, a quite small risk, this approach could trigger a re-examination. Thus, for example, if your spouse's residency calculation in the citizenship application was complete and totally accurate, and there is no room to question that,
NO problem, virtually no risk. But if there is any fuzziness in the residency calculation declarations, there is a small risk that this plan could invite a re-examination.
