Spousal Sponsorship Need Help ASAP

[MyKoreanHusband]

Hello, this is a shared account between my husband and I. We have been placed in a rough patch and really need other peoples knowledge to help us. First I'll give some information on myself. I am the sponsor with permanent residency in Canada and I am fresh out of high school with no prior work experience, so getting hired at a job is extremely difficult with a short resume. My husband, who is a Korean citizen, is applying for Canadian permanent residence outside of Canada and has been waiting on a response since April 2017. Due to personal at home problems I was invited to stay in Korea by my husband and went there in July 2017. We were thinking of going back to Canada together once his permanent residence status was established, but his agency continues to recommend that I go back to Canada on my own and get a job to ensure he can get permanent residence. However on his application both of our parents confirmed to financially support us, and my husband can easily get a job in both Korea and Canada. So our question is, do I have to go back to Canada earlier on my own and get a job, or is there another alternative option? Please let us know anything that may help us understand our options more! Thank you so much.

An added note not quite necessary to this story is that we have been separated on two different occasions spanning over the course of over one year. We simply want to be together. My situation also does not allow me to simply return to Canada on my own, as I stated above I have personal at home problems which are too severe for me to return to. I also have little option on where to stay. Again, thank you.

 

[scylla]

You need to return to Canada as soon as possible. Right now you're at high risk of having your application refused for failing to live in Canada. Since you are a PR, you must be physically living in Canada to qualify to sponsor your husband. Short trips (2-3 weeks) outside of Canada from time to time are OK. You've been out for far too long. Again, you need to return to Canada as soon as you possibly can and then stay there. You don't need to have a job in Canada - but you MUST be living there physically.

 

[MyKoreanHusband]

You need to return to Canada as soon as possible. Right now you're at high risk of having your application refused for failing to live in Canada. Since you are a PR, you must be physically living in Canada to qualify to sponsor your husband. Short trips (2-3 weeks) outside of Canada from time to time are OK. You've been out for far too long. Again, you need to return to Canada as soon as you possibly can and then stay there. You don't need to have a job in Canada - but you MUST be living there physically.

Thank you so much for this response. Although sad, it's very helpful. If I return to Canada in the next month (or as soon as I can afford), will my husbands chances of being accepted boost back up?

 

[Rob_TO]

As mentioned, since you're a PR it's mandatory that you live in Canada while his PR app is processing. This is one of the primary rules to be eligible as a sponsor, is listed very clearly in the instruction guide, and we have seen many apps rejected due to this on this forum. If the visa officer notices you're currently living in Korea, your app can be cancelled based just on this. So return to Canada immediately. You are allowed short/temporary trips outside Canada for typical vacations, etc but these should be kept minimal in length.

As to finances, you do NOT require a job to sponsor your spouse. All you need to do is show a financial plan, and prove that you will not need to go on welfare/social assistance after he becomes a PR. You've already submitted letters of financial support from family which is good, and you could also show your spouses's and your own expected career and salary.

So you need to return to Canada asap, but do not need to get a job.

 

[MyKoreanHusband]

As mentioned, since you're a PR it's mandatory that you live in Canada while his PR app is processing. This is one of the primary rules to be eligible as a sponsor, is listed very clearly in the instruction guide, and we have seen many apps rejected due to this on this forum. If the visa officer notices you're currently living in Korea, your app can be cancelled based just on this. So return to Canada immediately. You are allowed short/temporary trips outside Canada for typical vacations, etc but these should be kept minimal in length.

As to finances, you do NOT require a job to sponsor your spouse. All you need to do is show a financial plan, and prove that you will not need to go on welfare/social assistance after he becomes a PR. You've already submitted letters of financial support from family which is good, and you could also show your spouses's and your own expected career and salary.

So you need to return to Canada asap, but do not need to get a job.

Okay, thank you so much. I'll likely be returning to Canada within the next week. Your advice has really helped us and we've made the decision as quickly as we could. It was silly of me to put his application at risk, but that's why we're doing our best to fix this situation now. We truly appreciate your advice on this forum!

 

[M.steele]

You should listen to Rob and return to Canada as soon as you can! It isn't that your husbands chances to be accepted increase as that all depends on the visa officer and his review of your application. But as it is now the application would have grounds for immediate refusal based on you being outside of Canada for a long period of time.

 

[Rob_TO]

Okay, thank you so much. I'll likely be returning to Canada within the next week. Your advice has really helped us and we've made the decision as quickly as we could. It was silly of me to put his application at risk, but that's why we're doing our best to fix this situation now. We truly appreciate your advice on this forum!

Also should ask, how exactly did you get your own PR status?

And at the time you landed as PR, were you already married or living with your partner at that time?

 

[MyKoreanHusband]

Also should ask, how exactly did you get your own PR status?

And at the time you landed as PR, were you already married or living with your partner at that time?

I came to Canada when I was barely a toddler. I got permanent residence through my mothers application for us. So no, I wasn't married or anything of the sort.

 

[MyKoreanHusband]

You should listen to Rob and return to Canada as soon as you can! It isn't that your husbands chances to be accepted increase as that all depends on the visa officer and his review of your application. But as it is now the application would have grounds for immediate refusal based on you being outside of Canada for a long period of time.

It's nice to hear a backed up opinion. Thanks for this! It's been decided that I'm returning to Canada most likely this week so I'm glad that this has been -somewhat- sorted out as soon as we could get it.
I appreciate your input!

 

[canuck_in_uk]

It's nice to hear a backed up opinion. Thanks for this! It's been decided that I'm returning to Canada most likely this week so I'm glad that this has been -somewhat- sorted out as soon as we could get it.
I appreciate your input!

You should know that returning soon doesn't negate the fact that you were gone for a few months. If that absence is discovered by IRCC, it can still result in a refusal.

 

[Rob_TO]

I came to Canada when I was barely a toddler. I got permanent residence through my mothers application for us. So no, I wasn't married or anything of the sort.

Just curious why you never applied for citizenship?

That would have allowed you to live in Korea while doing the PR app

 

[MyKoreanHusband]

Just curious why you never applied for citizenship?

That would have allowed you to live in Korea while doing the PR app

Simply never had the chance to apply for citizenship while I was still under 18 and hesitated due to my father being a US citizen. I was trying to pick and choose citizenship without losing my birth citizenship. I only recently became my husbands sponsor.

 

[MyKoreanHusband]

You should know that returning soon doesn't negate the fact that you were gone for a few months. If that absence is discovered by IRCC, it can still result in a refusal.

That's true. Just trying to find some positives in a not so positive situation.

 

[Nick~Nick]

You need to return to Canada as soon as possible. Right now you're at high risk of having your application refused for failing to live in Canada. Since you are a PR, you must be physically living in Canada to qualify to sponsor your husband. Short trips (2-3 weeks) outside of Canada from time to time are OK. You've been out for far too long. Again, you need to return to Canada as soon as you possibly can and then stay there. You don't need to have a job in Canada - but you MUST be living there physically.

Do I have to wait for SA to have a small trip (2 weeks) ? even if its emergency?

 

[Rob_TO]

Simply never had the chance to apply for citizenship while I was still under 18 and hesitated due to my father being a US citizen. I was trying to pick and choose citizenship without losing my birth citizenship. I only recently became my husbands sponsor.

Are you Korean as well? If so, Korea is more flexible now with allowing both Canadian and Korean citizenship together.