Sponsoring Spouse while both living abroad

[joelmin]

Hello Everyone,
I live in Dubai. I applied for Permanent Residency and got it last year. I did my landing in Oct 2011 and came back to Dubai to continue working. I got married a few weeks ago and my wife is not a permanent resident of Canada. I plan to move to Canada permanently next year. I would like to move with my wife together. I have a few questions

1. I have PR status in Canada but do not live in Canada. Could I apply for PR for my wife while both of us are living and working in Dubai ? We are both Indian Citizens working in Dubai.

2. Also, if I cannot apply right now. Should I go to Canada and then apply ? It will take me a few months or weeks to get a job as soon as I move to Canada, so should I wait to get a job and then apply ? or could I apply as soon as I move ?

3. Could my wife come with me to Canada with any other visa and then I apply for her while she is in Canada ?

4. Do I have to update my status with the immigration department now ? even after my PR and landing has been done ?

Thanks,
Joel

 

[scylla]

1. No - you can't. Only citizens can apply from outside of Canada. Since you are a PR, you must return to Canada and submit the application from there. You must also continue living in Canada until the application is approved and your wife receives the visa. Occasionaly short trips (2-3 weeks) outside of Canada are fine. Anything longer and you risk having the application rejected due to non-residency.

2. No - you don't need a job to apply.

3. Your wife could try applying for a visit visa. However she would have to prove she has no plans to stay in Canada long term and strong ties to her home country. Unfortunately visit visas for spouses are frequently rejected.

4. No - you don't have to notify anyone.

 

[joelmin]

Thanks Scylla

 

[Fencesitter]

Having a job can't hurt...and will prove that you have income to fulfill your obligations as a sponsor.

How were you sponsored in the first place? Were you married and then divorced?

From what I have heard, getting a visitor visa, as mentioned, is tough...but certainly not impossible. In your case, since you are Indian citizens living abroad, it may be slightly more complicated to do so, as you wouldn't be able to show ties to India in order to satisfy the VO that your wife would return when her visitor visa expires.

If I were in your situation, I'd go to Canada and get the ball rolling ASAP...but I have no idea of your work situation in UAE.

FS

 

[scylla]

How were you sponsored in the first place? Were you married and then divorced?

OP applied through FSW.

 

[Fencesitter]

Oh, I didn't catch that...thanks.

FS

 

[joelmin]

Hi, Thanks FS. I got a good job in the UAE and dont want to leave at the moment since I need to save sufficient to go to Canada and be without a job for atleast a few months. So I thought of going next year. It says on the website that it takes 27months for a spouse visa to be processed in Abu Dhabi so does that my wife and I will have to live separate for 27 months minimum ? It just sounds a bit too strange as there might be many couples in our situation and i doubt all of them are staying separate for so long to get the visa.

 

[scylla]

I would select New Delhi as the processing office - not Abu Dhabi. The processing times are far far shorter. The two cons to selecting New Delhi are that if an interview is required, your wife will have to travel there. Also, once New Delhi requests her passport, she will have to find some way of getting it to the visa office there (note that it is illegal to send a passport by mail or courier in India so she will either have to travel in person to deliver it or send it with a trusted person).

And yes - there are couples who are separated for several years while they wait for the paperwork to be processed.

You're very lucky Abu Dhabi isn't your only choice.

 

[Fencesitter]

I know, it's so unbelievable that the processing times are longer than a few months. 27 months is an insult. BUT, that might be in your advantage...you could use that to help with your wife's visitor visa. Explain that 27 months is a very LONG time and that we only have a VERY short time on earth, so being separated for such a long time is not something you even want to contemplate...it would be devastating to your marriage...or something along those lines. Perhaps with other supporting evidence you could get the visitor visa for your wife so she could stay with you in Canada.

If your wife was granted a visitor visa, perhaps it would be faster to apply inland? 18 months vs 27 months...seems like a no-brainer to me.

FS

 

[scylla]

you could use that to help with your wife's visitor visa. Explain that 27 months is a very LONG time and that we only have a VERY short time on earth, so being separated for such a long time is not something you even want to contemplate...it would be devastating to your marriage...or something along those lines. Perhaps with other supporting evidence you could get the visitor visa for your wife so she could stay with you in Canada.

Unforutnately I don't think this will fly because the OP has the option of selecting New Delhi as the processing office which has one of the fastest processing times.

 

[joelmin]

Thanks Guys .. The problem is I can select New Delhi as the processing office but my wife will have to leave her job and go down to India. The thing is if it takes 6 months its fine. But what happens if it takes longer because she might not work as it does not make sense to get a job for just 6 months. So her career will get affected and we still do not know in the end how long it will really take. Thats why I was thinking Abu Dhabi. But Abu Dhabi too, she can contrinue living and working here but I dont think she will agree to live apart for more than 2 years. So am a bit confused. Is there anyone I can talk to in immigration who can help me out with this ? I am sure there will be a way to do this with both of us living together. I am sure Canada has thought of this as they would not want this for newly married couples. There will be a lot of people like us.

 

[CharlieD10]

A permanent resident cannot sponsor anyone while residing outside of Canada. This is enshrined in the legislation, so no-one can tell you or guide you to any way around it. In fact, if you attempt to sponsor her and are found in breach of the legislation, your application will be denied, and the time taken to appeal will only add more time to your processing.

Many sponsors, citizens and PRs alike, must remain apart from their spouses and content themselves with visits while sponsoring, because they cannot afford to live together outside of Canada. Those are the breaks, and how long a time a particular visa office takes to process applications takes no notice of these things. It's a sacrifice you make in the short run, to gain life together in Canada in the long run. You have to decide which one you want more, your careers, or the opportunity to live together in Canada.

I suggest that when you are ready to assume the full burden of sponsorship, including full-time residence in Canada, then you come back to thinking about sponsorship. Of course, there is always your residency obligation as a PR to think about.

 

[scylla]

CharlieD has summed things up very well. The harsh reality is that many married couples do have to spend a prolonged period apart (yes - this can certainly mean years) while working through the sponsorship process. There are many on this forum who are in this situation now.

CIC is not going to cut you a break or give you a magic answer that meets your needs.

You will ultimately have to decide if you're going to go with ND or Abu Dhabi. Obviously both have pros and cons. Again, I think you should count yoursleves very luck that you have a choice. Many don't.

The only option that will allow you to live together while the application is being processed is if your wife is approved for a visit visa and you sponsor her inland. However as mentioned previously, CIC often/typically refuses visit visas for spouses of Canadian PRs/citizens because they know this visitor likely wants to remain in Canada long term and doesn't actually meet the visitor critieria. But by all means try applying - you may get lucky.

Good luck.

 

[joelmin]

Thanks .. That was quite clear .. One more question .. Will my wife have to give up her job in Dubai and go and live in India for her application to be processed in New Delhi ? Or could she work in Dubai and have it processed in New Delhi and keep going down there when they call her ??

 

[CharlieD10]

Because of the special restrictions on residency, persons in the Gulf region are usually processed in Abu Dhabi. There would be additional paperwork required from her to leave Abu Dhabi, so even though she is Indian, if she is working there and you select New Delhi, you may find that the file ends up in Abu Dhabi anyways. It's best if you decide to apply through New Delhi that she be residing in India.