So you are compliant with your RO but you are supposed to be living in Canada full-time/ A few trips outside are overlooked but you are talking about spending a portion of every month out of Canada. You are risking having your application denied with so much time outside Canada.
Sponsoring PR questions
- Thread starter curious2020
- Start date
I guess I’ll have to take that chance.
On average how long is it taking these days for spouse sponsorships to be approved?
May be during the processing time I can try to stretch more in Canada
Is it faster in Quebec?
If the sponsorship goes through, does my spouse get independent PR or is it dependent/attached to my PR and RO? I did not find any literature around it on Quebec or IRCCs website
I know about financial undertaking/responsibility, that won’t be a problem
You are likely not going to qualify for health coverage if you are planning on spending so much time outside Canada. There are specific residency requirements for each province to qualify for healthcare coverage. You must be compliant with the healthcare residency obligations or you can be asked to pay back any care you receive. If you aren't going to commit to following the rules required to sponsor someone there is a good chance you may need to repeat the whole process again.
Independent but you must be compliant with your RO to qualify to sponsor.
Independent but you must be compliant with your RO to qualify to sponsor.
Yeah health insurance is fine, I already have private health and if I have to pay I have to pay that’s fine
When you say compliant with RO, you mean I should have already stayed in Canada for 730 days for sponsorship to be approved ?
that begs another questions, if I sponsor my spouse it goes through, and for some reason I don’t meet my RO do we both loose PR?
To sponsor a spouse you need to be compliant with your RO so meeting the 2 out of 5 year requirement. There are separate residency requirements in each province related to receiving healthcare. If you aren't compliant with you RO and it is discovered you non compliance could be reported and her sponsorship denied. Once you both have PR your RO are individual responsibilities.
Leaving healthcare aside
You are saying for spouse sponsorship to be approved I have to spend 730 days out of 5 years ? So basically spouse does not get to work/stay for 2 years
btw I am complain for RO, I will be able to spend over 730 days, but my question is are they going to predict that? And based on what
The calculation of residency obligation is prospective, i.e. if you are less than five years since first landing, you are given 'credit' for days to the five year anniversary.
I.e. someone who arrives on day 1 and remains in Canada is in compliance, even though only one day in country. A different way of looking at this is the reverse - 1095 days or more out of country looking back either five years or from the day of arrival - whichever is more recent - means out of compliance. (I think this restatement is correct, corrections welcome if not).
Note: I haven't followed in detail this thread but understand you are not exactly in Canada or only part-time in Canada, comments above only about the RO calc. As a PR, you must be resident in Canada to sponsor. Compliance with RO doesn't matter if you are adjudged to not be resident in Canada.
Thanks for the explanation, this is helpful
Yeah given the complications i am more inclined towards spending minimum of 4-5 months in Canada at a stretch and a week or so in US.
e.g. let's say i have spent 1000 days out of Canada before moving to Canada, and while sponsorship application is in progress i am in Canada 4-5 months at stretch (10 days out of Canada in past 6 months). Mathematically i will easily meet RO of 730 days, so in this case will i be considered compliant?
I just want to do it once and do it right, moving to Canada permanently is big decision (career and financially) especially considering only one of us is PR
Short form is that if you are compliant as described, consistently meeting your RO and only taking short trips out of country, there should not be any problem (obviously assuming other sponsorship eligibility matters in order). And it sounds like in this description you mean to reside fully in Canada.
That said it doesn't sound like a large buffer, double-check your RO calcs and the regs and keep good records. There is a separate sub-forum here about residency obligations and RO compliance.