Spousal Sponsorship - Tricky Question???

[Kev85]

Hi Everyone,

I have a question, hope anyone out here can help me with.
My PR is Valid from Sept 2009 to Sept 2014.
I have completed 725 out 730 / 5 years (5 days more required to meet obligations)
to renew my PR in Sept 2014.
I am out of Canada at the moment back home and planning to
get married next month in court ( Inter religion Marriage ).
I came to Mumbai 2 years ago and still cannot convince her parents.
So we going to register at the court is a few days and I believe it takes a month
for the date (any help with this will also be appreciated)

My question is, once I get the marriage certificated and re enter Canada lets say by
May 2014 and apply for my spouse and send it in by May End
with all my information and Documents,
my current PR card WILL EXPIRE that is by September 2014.
I could not find any information about this anyways online -
IF my PR card expire while spousal Sponsorship being processed what happens.
*Do I wait will I renew my PR in Sept 2014 renew my PR and them apply ?
( I cannot stay away from her soo long )
*Can I renew my PR in Sept while her papers are processing,
Will this cause any problems?
What Do I do!!!!!
Please Help me.

 

[zardoz]

Hi Everyone,

I have a question, hope anyone out here can help me with.
My PR is Valid from Sept 2009 to Sept 2014.
I have completed 725 out 730 / 5 years (5 days more required to meet obligations)
to renew my PR in Sept 2014.
I am out of Canada at the moment back home and planning to
get married next month in court ( Inter religion Marriage ).
I came to Mumbai 2 years ago and still cannot convince her parents.
So we going to register at the court is a few days and I believe it takes a month
for the date (any help with this will also be appreciated)

My question is, once I get the marriage certificated and re enter Canada lets say by
May 2014 and apply for my spouse and send it in by May End
with all my information and Documents,
my current PR card WILL EXPIRE that is by September 2014.
I could not find any information about this anyways online -
IF my PR card expire while spousal Sponsorship being processed what happens.
*Do I wait will I renew my PR in Sept 2014 renew my PR and them apply ?
( I cannot stay away from her soo long )
*Can I renew my PR in Sept while her papers are processing,
Will this cause any problems?
What Do I do!!!!!
Please Help me.

Your PR card is not required for or during sponsorship. As long as you meet the residency obligation requirements, and you are sponsoring while you are residing in Canada, there should be no issue.
You can certainly renew your card during the sponsorship processing.

What you cannot do is leave Canada for any period that would cause CIC to be able to declare that you are not residing in Canada, while the processing is being done. This may mean that you will have to be separated for a while, unless you can obtain a visitor visa for her.

 

[Kev85]

Thanks for you reply. You Mentioned " As long as you meet the residency obligation requirements, and you are sponsoring while you are residing in Canada, there should be no issue`` Does this mean I have to have 730 days under my belt before I send in the sponsorship.

 

[zardoz]

Thanks for you reply. You Mentioned " As long as you meet the residency obligation requirements, and you are sponsoring while you are residing in Canada, there should be no issue`` Does this mean I have to have 730 days under my belt before I send in the sponsorship.

Yes, or you might make CIC far too interested in your status.

 

[truesmile]

That's not true. That would mean that PR newbies would have to wait 2 years (730 days) before they "sponsor", and they sure as heck don't. Also, that 'magic' number of days is only evaluated when you attempt to renew your PR card. The only bind you could find yourself in, is if you don't return to Canada before your PR card expires.

 

[Kev85]

That's not true. That would mean that PR newbies would have to wait 2 years (730 days) before they "sponsor", and they sure as heck don't. Also, that 'magic' number of days is only evaluated when you attempt to renew your PR card. The only bind you could find yourself in, is if you don't return to Canada before your PR card expires.

Thanks zardoz and truesmile.
Was just wondering that myself but truesmile you cleared my doubt.
Say if I was a new immgrant who just got married Im sure they would not make me wait 2 years before I could apply for my spouse and then wait another year for the process... that would be soo brutal.

 

[truesmile]

Exactly. Furthermore, if you were going to stay in Canada and NEVER leave, you actually would also never have to renew your PR card. It's expiry has no bearing on your PR status. You only have to "prove" you have met the obligation for residency as part of the renewal process when and if you do, which you most certainly need to travel outside Canada.

 

[zardoz]

That's not true. That would mean that PR newbies would have to wait 2 years (730 days) before they "sponsor", and they sure as heck don't. Also, that 'magic' number of days is only evaluated when you attempt to renew your PR card. The only bind you could find yourself in, is if you don't return to Canada before your PR card expires.

Yes, you are absolutely correct. I was thinking that the OP wasn't ABLE to fulfil the residency obligations, but of course, he has plenty of days left in which to do so. My apologies to the OP.. I must learn to read a little closer....

You only need to be in compliance with the RO to sponsor, which for a "newly landed" immigrant means that you have not already spent more than 1095 days outside Canada since landing and effectively run out of time... The RO clock starts ticking on the day you land, and is not related to the PR card expiry date. Usually, the PR card renewal is when the RO is first checked, but if you sponsor, it also also evaluated then. So, if for example, you tried to sponsor having already spent over three years outside the country, it would flag up, even if that was a long time before the PR card expiry date.

 

[Alurra71]

Just make sure that you are indeed clear that once you are married, you MUST come back to Canada and reside here while your wifes application is in process. The consensus seems to be that you may visit her for a few weeks here and there throughout the process, or she may apply and receive a visitor visa, but you can not leave the country to stay with her while her application is in process.

You are also going to have a burden of proof on you to show why/how you married and that it is a true marriage since you are going against her parents wishes, if I read your statement correctly. Just make sure to include all the proofs you can get your hands on to show it is a true and lasting marriage.

Good luck

 

[truesmile]

That's easy, just have a big wedding and hire a photographer . . . that will give you all the proof you need.

 

[Kev85]

Exactly. Furthermore, if you were going to stay in Canada and NEVER leave, you actually would also never have to renew your PR card. It's expiry has no bearing on your PR status. You only have to "prove" you have met the obligation for residency as part of the renewal process when and if you do, which you most certainly need to travel outside Canada.

Truesmile Wow!! thats amazing information. Never heard of this before. I am soo glad that I have learnt soo much on the very first day here. Thank you all soo very much.

So What I understand from what you said above is that I only need a PR to travel out of the country and back as that would substitute a Visa while reentering.
So as proof I can submit Payslips and Rent cheques.
Just Asking.. Will renew it anyway.

 

[Kev85]

Yes, you are absolutely correct. I was thinking that the OP wasn't ABLE to fulfil the residency obligations, but of course, he has plenty of days left in which to do so. My apologies to the OP.. I must learn to read a little closer....

You only need to be in compliance with the RO to sponsor, which for a "newly landed" immigrant means that you have not already spent more than 1095 days outside Canada since landing and effectively run out of time... The RO clock starts ticking on the day you land, and is not related to the PR card expiry date. Usually, the PR card renewal is when the RO is first checked, but if you sponsor, it also also evaluated then. So, if for example, you tried to sponsor having already spent over three years outside the country, it would flag up, even if that was a long time before the PR card expiry date.

Dear zardoz ,
Please dont apologize, Thank you for reading my question in the first place and taking time out to answer.
Can your please tell me what `RO` means. Im a noob here.

 

[Alurra71]

Kev85,

While what Truesmile says is in fact the 'law', each province has been creeping in a little bit here and there and some of them are actually requiring you to show your vaild PR card to get say, a drivers license renewal or insurance or a job, etc etc etc. While this was NEVER the intent of the PR card this is how some are now using it.

I guess legally you COULD try to fight it, but it is going to take time, money and a lot of effort on your part where most would just give in and show the card. So, again, while it is true you would only need to have the PR card handy and valid if you are traveling out of Canada so you may return without issue, just be aware that there are some out there that are requesting it for more than it's intended use.

 

[Kev85]

Just make sure that you are indeed clear that once you are married, you MUST come back to Canada and reside here while your wifes application is in process. The consensus seems to be that you may visit her for a few weeks here and there throughout the process, or she may apply and receive a visitor visa, but you can not leave the country to stay with her while her application is in process.

You are also going to have a burden of proof on you to show why/how you married and that it is a true marriage since you are going against her parents wishes, if I read your statement correctly. Just make sure to include all the proofs you can get your hands on to show it is a true and lasting marriage.

Good luck

Thanks Alurra71.

I am planning to return to Canada in May 2014 will complete the 5 days remaining to meet quota even tho it does not matter... not taking any chances at all.
Will prepare all the document while Im here (outside canada) and post date it to the last week of may, so I should be well clear with a buffer of extra days.

Will not leave Canada useless its a emergency or something really important.

Will Stay in Canada and work my Hiney off so I can afford to give her a good life here when she lands. 1 year should buy me enough time I hope.

*Do I need to be Employed before applying ( is there a clause in the forms )
Do let me know If it makes a difference at all. If it makes an Iota of difference in speeding up the process Ill take up the first job available.

Yes you read correctly, I am going against her parents wishes and it hurts me deeply. We have been in love for the past 7 years and I have put my life on hold for the last 2 years trying my best but in vain.
This is my last resort ... I have to elope ... Im out of options. Also my PR is expiring ... Im running out of time : (

 

[Kev85]

That's easy, just have a big wedding and hire a photographer . . . that will give you all the proof you need.

truesmile - Alurra71
I cannot afford a big wedding and also as I really don't want to rub it in her parents face with a big Horray!!! we married.
So I'm left with only a certificate for the Court ( judicial system ) as proof
What else can I do ?