Sponsored by common law partner under these cirucumstances?

[JonasSwe]

Hi,

my common law partner has a PR card but we currently live in Sweden.
She hasn´t resided in Canada yet and soon it´s three years since she first landed in Canada.

Now I have a few questions that I really would appreciate if someone can help me with.

1. Is it correct that she needs two years of residing in the last five year period to keep her PR?

We would really love to move to Canada, but rather not just right now. If we move in one year, it will be four years after she first landed.

2. I got it as she could still keep her PR if shes not going out of the country in two years and then apply for a renewed PR, is it correct?

3. Is it impossible for her to sponsor me during this circumstances?

It would mean a lot to get answers of this questions. We try to figure out or future at the moment.

Best,
Jonas

 

[Msafiri]

1. To avoid becoming inadmissible PRs must maintain the RO which (other than exempted categories) requires physical presence of 730 days in each 5 year rolling period. For PRs less than 5 years this is the period from landing to the 5th anniversary of landing (so forward looking). For PRs landed more than 5 years then 730 days in each 5 year rolling period prior to the 'examination' date (backward looking). Examination is any and each interaction with CIC/CBSA so arrival at Port of Entry, PR Card renewal, PRTD application, Sponsorship etc. The exempted categories above are serving in the Canadian armed forces, Canadian diplomatic postings, accompanying citizen spouse overseas, posted overseas on a full time assignment by a bona fide Canadian Business (very tough criteria for this last one).

2. If you breach the RO and are not reported when examined (usually at PRTD application and Port of Entry) you can once you get to 730 days apply to renew your PR Card. This requires you to avoid interacting with CIC/CBSA so most PRs that appreciate their good luck in getting in stay put. You will see on this forum PRs who get back in and after a week want to know if its safe to go home/ a 3rd country!

3. Sponsorship = RO review so any breach will be noted by CIC and they can at best refuse the application or at worst report you. PR must reside in Canada throughout the sponsorship process. If you have no children of the relationship and have been in your relationship less than 2 years you get conditional PR reviewed in 2 years and upgraded to full PR if your relationship is still subsisting (too many PRs/ Citizens dumped by their sponsored spouse the minute they got that shiny PR visa and landed was the rational here).

Your partner should return to Canada if she wants to retain her PR. Only Canadian Citizens and Registered Indians have the unrestricted right of entry into Canada. Note too that the courts consistently rule the PR Status is for residing in Canada not some form of glorified visitors visa.

 

[JonasSwe]

Thank you very much Msafiri, the rules seems like I expected. Next step for me might be to figure out if I can settle in Canada later without being sponsored, on entrepreneur visa or as skilled labour.

Or if we go now, when my partner still can sponsor me, then I also need to figure out the rules during the application process period. Maybe you know if I can go to Canada on a tourist visa and apply trough my partner for a PR. Can I then stay and maybe even work while the application is under processes?

Edit: Got answers of my questions in another thread.

Best regards,
Jonas

 

[JonasSwe]

3. Sponsorship = RO review so any breach will be noted by CIC and they can at best refuse the application or at worst report you. PR must reside in Canada throughout the sponsorship process. If you have no children of the relationship and have been in your relationship less than 2 years you get conditional PR reviewed in 2 years and upgraded to full PR if your relationship is still subsisting (too many PRs/ Citizens dumped by their sponsored spouse the minute they got that shiny PR visa and landed was the rational here).

Your partner should return to Canada if she wants to retain her PR. Only Canadian Citizens and Registered Indians have the unrestricted right of entry into Canada. Note too that the courts consistently rule the PR Status is for residing in Canada not some form of glorified visitors visa.

Is this correct? We recently talked to an immigration lawyer that claimed that it would be no problems for my partner to sponsor me even if she doesn´t meet her residence obligations (2 out of 5 years). At least as long as she has 1 year left before her PR expires and we are married. Does it really matter if we are common law partners or married? And, is it possible to sponsor when the sponsor herself wouldn´t meet the RO?

Sorry for asking the same question two times, but I got a bit confused by the reply from the lawyer and would be happy to check it an extra time here and hear more opinions.

 

[scylla]

Is this correct? We recently talked to an immigration lawyer that claimed that it would be no problems for my partner to sponsor me even if she doesn´t meet her residence obligations (2 out of 5 years). At least as long as she has 1 year left before her PR expires and we are married. Does it really matter if we are common law partners or married? And, is it possible to sponsor when the sponsor herself wouldn´t meet the RO?

Sorry for asking the same question two times, but I got a bit confused by the reply from the lawyer and would be happy to check it an extra time here and hear more opinions.

The lawyer is wrong. We've seen a number of cases here where PR applications for spouses / common law partners have been refused because the sponsor does not meet the residency obligation. You need to meet RO to be able to sponsor. Submitting a sponsorship application when you don't meet RO shines light on the fact that you don't meet RO and can cause CIC to investigate you and put your own PR status in jeopardy.

 

[Msafiri]

Is this correct? We recently talked to an immigration lawyer that claimed that it would be no problems for my partner to sponsor me even if she doesn´t meet her residence obligations (2 out of 5 years). At least as long as she has 1 year left before her PR expires and we are married. Does it really matter if we are common law partners or married? And, is it possible to sponsor when the sponsor herself wouldn´t meet the RO?

Sorry for asking the same question two times, but I got a bit confused by the reply from the lawyer and would be happy to check it an extra time here and hear more opinions.

1. Do some leg work - get the sponsorship forms for your visa office including the guides and read what they state about PR sponsors meeting the RO and residing in Canada. Also ask your 'lawyer' what part of the IRPA allows this exception not to be in breach of the RO/ residing in Canada in the law not as a H&C ground. Review this including the multiple actual experiences on this forum with PRs getting pulled up by CIC for the RO breach and compare with any 'successful' sponsorship despite RO breach cases the 'lawyer' can point to.

2. Then come back to the forum and if need be I will delete my above threads and hold my hand up as my bad. If I'm right then I suggest you get a different legal representative - the words 'I will say anything to get your business' for some reason comes to mind but hey good luck.

 

[JonasSwe]

Thanks scylla and Msafari for nice and clear answers. I´m convinced it´s not according to the rules to sponsor when you don´t meet the RO. And we don´t plan to do that. In sweden at least there are plenty of rules that are not really implemented. So I´m anyhow curious if this might be a rule that is not implemented that strict. If 100 % get stopped, 50%, 20%, 5%? Anyhow, thanks for answers.

 

[Leon]

Thanks scylla and Msafari for nice and clear answers. I´m convinced it´s not according to the rules to sponsor when you don´t meet the RO. And we don´t plan to do that. In sweden at least there are plenty of rules that are not really implemented. So I´m anyhow curious if this might be a rule that is not implemented that strict. If 100 % get stopped, 50%, 20%, 5%? Anyhow, thanks for answers.

The sponsor has to give an address history so immigration will quickly see if they meet the RO or not. I don't know if anybody can tell you statistics of how many people get caught like this but we have had a few on this forum.

 

[JonasSwe]

Thanks Leon! I understand that´s it very hard to tell, but it doesn´t matter. Was just curious!