Spousal sponsorship; time frame after accepted

[swisscanadian]

Hello,
My husband ( who is Swiss) and I ( Canadian) have applied for a spousal sponsorship in July 2017. Everything seems to be going smoothly. We are currently living in Switzerland. I don’t think there will be a problem as I have already been approved to sponser etc.. I am just having second thoughts about moving to Canada right away! I really miss home but I absolutely love switzerland as well. Once approved, do we have to move to Canada right away, or is it possible to live in Switzerland for a couple more years before moving to Canada? I know if I am having second thoughts about moving so soon, we should have applied at a later date, however our reason for applying now was my job is only being held in Canada until September 2018. Decisions decisions !!!
Thanks !!

 

[evdm]

For your husband's application to be approved, you have to show that as the sponsor you intend to return to Canada once he has been granted PR. I am not a lawyer, but it is my understanding that despite having received the sponsorship approval, for your husband to be granted the travel document required to enter Canada to complete his PR landing process, your eligibility to sponsor must remain despite a previously granted approval.

The basis of your approval no longer applies should you not intend to return; so there may be grounds to refuse your husband's application. I would estimate the chances of this being an issue for the initial approval to be slim.

However, down the line, should he be accepted and landed yet you decide to stay in CH there may be scrutiny of any application for renewal or issuance of new PR travel documents (PR Card/PRTD) and I believe there may even be grounds to revoke his PR status because you were not a genuine sponsor having had no intent to return to Canada.

Maybe someone else here has a different thought, but it might be worth seeking counsel on this question; or considering rescinding the application should you decide you want to stay in CH.

 

[Hurlabrick]

I agree with what evdm said.

I would add that IF / WHEN you are granted approval based on your current application, then you must of course at least land in Canada and 'Declare PR' before the expiry date shown on the CoPR, or your approval will lapse and you will have to start all over again.

You can of course 'Land and Declare PR', then turn around on the next flight and head back to Switzerland and 'Land as Settler' at a later date. There may be complications as regards retaining PR if you spend too long outside Canada, although as you are married, as long as he is with you, should still be OK.

You are not however, abiding by the 'spirit' of your application, in that you do not now intend to return to Canada once PR is granted. But if you MUST go to Canada before Sept 2018, then I would let things run as they are, as that seems a sensible timeframe to me (personal view).

We kind of ended up doing something like this ourselves. Landed to declare PR in April 2017 and going to land for good in November 2017 - not planned, just taken us longer than expected to sell our house!

 

[evdm]

Couldn't have said it better myself, @Hurlabrick, and you are speaking from personal experience.

Doing a soft landing and eventually moving back to Canada shouldn't really be an issue; but I do foresee a potential issue for @swisscanadian's husband (I'll refer to him as Mr. Swisscanadian) if they decide to remain in Switzerland indefinitely. It's true that spouses of Canadian citizens do not have to be physically present in Canada to satisfy the residency requirements as long as they are accompanying their Canadian spouse.

I do think that if @swisscanadian does not return to settle in Canada at all, and the family remains resident in Switzerland, there may be problems when it comes to getting Canada to provide documents proving Mr. Swisscanadian is a PR (i.e. a new PR card once the first one expires). I'm not saying there will be problems, but the way I interpret the Acts and Regulations (again I am not a Lawyer) mean there could be problems down the line. Hence why I suggest seeking adequate counsel on this question.

Not having a valid PR card doesn't mean that Mr. Swisscanadian won't be a PR, but it will make it difficult to travel to Canada because the airline will need it in lieu of an ETA. The only "easy" option to get back in to Canada would have to be by private vehicle or on foot at a land border crossing. This would even apply for visits and holidays; not just to live.

Some of this is rehashing what I said above, but hopefully it will provide additional context. As soon as Mr. Swisscanadian applies for a new PR card, his history for the last 5 years will have to be presented to IRCC. If the person dealing with the renewal application sees any irregularities such as not ever living in Canada I would say that it could be cause for a more in-depth review which may draw the initial application into question. Because you (@swisscanadian) currently live outside of Canada, you are only a sponsor to your husband because you have been able to convince IRCC that you intend to return. Given that, it may be determined that your husband shouldn't have been eligible in the first place because you did not, actually, return. As a consequence, steps could be taken to have his PR revoked (as mentioned in my previous post).

 

[swisscanadian]

Thanks a lot for taking the time to reply so thoroughly ! Really appreciated! It can be a complicated matter when you both come from different countries ! The PR cards are good for 5 years ? I wonder if every couple of years we could just switch countries! That may not be the best way to raise a (future) family, or climb any corperate ladders...but could be a good way to experience both countries.

 

[Hurlabrick]

OK, look I will say it then.

You have the luxury of being able to get virtually automatic spousal sponsorship for Canada. Canada is a dream destination for many people on this forum and many simply do not qualify and their dreams are shattered. Those that do often have to seem to fight tooth and nail, go through humiliating interviews, appeal then often wait 2 or more years to get approval. You will likely have yours on a plate inside a year.

You will need to make a real decision one way or the other, not least coz they will both come after you for income tax if you try to play 'a year here a year there' (unless you are Mick Jagger and have superb tax accountants)!

I urge you to make your mind up now and either move to Canada (with holidays to wherever) or stay in Switzerland and withdraw your application now and visit Canada on occasions for a holiday.

My wonderful lady was brave enough to agree to come with me on my dream of returning to Canada, despite her as a Brit never having been there before.

I do wonder if you know how lucky you are. Sorry if this sounds harsh and I daresay I will get flamed now for what I have just said, but hey!