question about living overseas with canadian citizen spouse

[newcomer]

hi,every one,one of my friends is a canadian citizen(through the process of immigration)his husband was the principal applicant while applying for PR.But after getting PR he was not able to reside in Canada for 2 yrs in the period of 5 yrs to fulfill the PR card requirements due to his overseas job ,while during this time my friend lived with her kids in canada n eventually she n her kids became canadian citizens.Now she wants to live with her husband ,who has already lost his PR status.But she wants to sponsor her spouse for PR again,Can she do tht n ll the unability of her husband to maintain his last PR ll ve any effect on case now.Secondly if her husband gets PR LL the time spent by him with his canadian citizen spouse can b taken as PHYSICAL PRESENCE in Canada.This shd b taken in account tht my friend is also going to do a job in the overseas country where her spouse used to work.OR her husband will ve to move to Canada n live there atleast for 3 consecutive yrs to get Passport.
Any expert advice ll b highly appreciated.

 

[Leon]

She can sponsor him to get PR. There are no rules to my knowledge saying that if you lost PR because of residency requirements that you cannot apply again. If you had lost PR because of a crime or other reason, it would be different. I do not know if losing PR before would affect his application now.

If he gets PR again, he is protected from residency requirements while he is living with a Canadian citizen spouse so if his wife is with him, he will not lose it again.

 

[hamzay]

I thought i read somewhere that: If your spouse obtains her Canadian citizenship - then her husband's PR is preserved ---- im in same situation and would like to clarify - please help

 

[Leon]

I thought i read somewhere that: If your spouse obtains her Canadian citizenship - then her husband's PR is preserved ---- im in same situation and would like to clarify - please help

Only if you are living with your Canadian citizen spouse in another country. Say you land in Canada and live in Canada for one year. Then you go away, your spouse stays. After 2 more years, your spouse now has 3 years in Canada and applies for citizenship. After another year, your spouse becomes a citizen. You are now outside Canada for 3 years and should lose your PR but if your spouse comes to you and stays with you for a year, your first 5 years as a PR would look like this: First 1 year in Canada, then 3 years outside Canada with no excuse, then 1 year outside Canada living with a Canadian citizen spouse. The last year would be counted as living in Canada for you and you would keep your PR.

However, there are cases where they have questioned if you are actually accompanying your Canadian citizen spouse or the other way around. If it is obvious that you were the one who had a job overseas the whole time and your wife just came to join you, they could say that you were not accompanying your Canadian citizen spouse and therefore you should not keep your PR. It's not foolproof.