SPONSOR HUSBAND WHO WAS PRINCIPAL APPLICANT

[amcshaikh]

My husband was a principal applicant when we landed as immigrant in 2005. We have now landed again in 2007 and are staying with my 3 children for last over one year. We will complete the 730 days stay requirement next June and apply for renewal and then a year later apply for citizenship. We have bought a house too! My husband works in Gulf and cannot leave his job as the job scene here is bad and he is supporting us. He is likely to lose his PR status in June2010 since he has not maintained the 730 days stay requirement. Some have advised us many options(which amounts to lying and we do not believe in it), but one lawyer told me to apply for family/spousal sponsorship once my husband PR expires. This I can do irrespective of whether I am still a Permanent Resident with employment or not. He also advised that not to let my husband enter the country on Visit Visa.
Does anyone has similar experiences to share and any advise?

 

[arshi]

We are going through the same scenario...anyways, what did you do with your situation though?
Thanks

 

[rjessome]

My husband was a principal applicant when we landed as immigrant in 2005. We have now landed again in 2007 and are staying with my 3 children for last over one year. We will complete the 730 days stay requirement next June and apply for renewal and then a year later apply for citizenship. We have bought a house too! My husband works in Gulf and cannot leave his job as the job scene here is bad and he is supporting us. He is likely to lose his PR status in June2010 since he has not maintained the 730 days stay requirement. Some have advised us many options(which amounts to lying and we do not believe in it), but one lawyer told me to apply for family/spousal sponsorship once my husband PR expires. This I can do irrespective of whether I am still a Permanent Resident with employment or not. He also advised that not to let my husband enter the country on Visit Visa.
Does anyone has similar experiences to share and any advise?

Now that you are a PR, you can sponsor your husband if he loses his PR status. However, you should do this when he is READY to settle in Canada permanently. The advice you received is correct about that. However, I don't know why you received advice not to let your husband enter the country on a visitor's visa. Did the lawyer mean after PR status has been lost? Until the PR status has been revoked, your husband can enter as a PR. Once it is gone, if he requires a visa to enter, he will have to apply. I'm just not sure what your lawyer is referring to regarding "when" not to enter on a visitor visa.

 

[amcshaikh]

Thanks rjessome for your advice. In fact, my husband PR expired in June 2010 and he has now applied on humanitarian grounds for renewal on 23rd Feb., 2010. It seems they have started processing the application only on 21st June, 2010 but no decision has been made so far. It seems there is a delay in processing of over 200+ days for all applications and the site shows that the latest application processed is upto 15th March, 2010.
As regards the vist visa, I think the lawyer was afraid that the Immigration authorities will reject our PR application on the argument that since my husband does not want to come on permanent settlement for now, he can always enter on visit visa as long as he wants.

 

[rjessome]

Thanks rjessome for your advice. In fact, my husband PR expired in June 2010 and he has now applied on humanitarian grounds for renewal on 23rd Feb., 2010. It seems they have started processing the application only on 21st June, 2010 but no decision has been made so far. It seems there is a delay in processing of over 200+ days for all applications and the site shows that the latest application processed is upto 15th March, 2010.
As regards the vist visa, I think the lawyer was afraid that the Immigration authorities will reject our PR application on the argument that since my husband does not want to come on permanent settlement for now, he can always enter on visit visa as long as he wants.

Ok, I understand. However, you realize there is a high likelihood that his H&C application will be refused as your husband is still not ready to settle in Canada. That's the whole point of the PR process. Just my opinion but I probably wouldn't have done an H&C on this, just waited until he was ready to settle and done a simple spousal sponsorship. But good luck.

 

[amcshaikh]

Thanks, rjessome
In fact, one contact known to us had a worst situation than us(his whole family did not meet the stay requirement, except that one of his child was born in Canada) and he applied for renewal and I understand he got it renewed!
Regards.