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Spousal sponsorship

Philip S

Newbie
Apr 16, 2014
1
0
Hi,

In 1987 I became a landed immigrant in Canada. My wife is Canadian, we moved to England in 2003, our intention is to move back to Canada in 2018.

Is my landed immigrant paperwork and status sufficient to re-enter Canada or do I need to apply for Spousal Sponsorship after being away from Canada for 15 years?

Regards

Philip S
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Philip S said:
Hi,

In 1987 I became a landed immigrant in Canada. My wife is Canadian, we moved to England in 2003, our intention is to move back to Canada in 2018.

Is my landed immigrant paperwork and status sufficient to re-enter Canada or do I need to apply for Spousal Sponsorship after being away from Canada for 15 years?

Regards

Philip S
If your Canadian spouse has been living with you for at least 2 years in the previous 5, you are home and dry. This is sufficient to fulfil the published Residency Obligation requirements in your particular case as of "today". Assuming that you maintain the status quo, you will certainly be able to take up residency again in 2018. (This assumes that they don't change IRPA and/or IRPR)
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Philip S said:
Hi,

In 1987 I became a landed immigrant in Canada. My wife is Canadian, we moved to England in 2003, our intention is to move back to Canada in 2018.

Is my landed immigrant paperwork and status sufficient to re-enter Canada or do I need to apply for Spousal Sponsorship after being away from Canada for 15 years?

Regards

Philip S
If your wife is a Canadian citizen, and you've been living with her in England since you left Canada after becoming a PR, then the time you've lived in England has counted towards your PR residency obligation.

Your PR status should still be valid. If you have a visa-exempt passport, you can travel to Canada on that. Your landing papers should be sufficient to prove your PR status to Canadian immigration officer.

In order to renew your PR card, you may need to show proof that you have been living with your wife for the past several decades. See more info here: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
 

Doc123

Star Member
Apr 2, 2014
170
1
Visa Office......
Lvo
Job Offer........
Pre-Assessed..
App. Filed.......
May 2014
File Transfer...
July 2014
Passport Req..
Inshallah soon
basketballfan said:
Do you travel back and fourth between Canada and your current place of residence abroad? Why are you living abroad? Are you studying? Working? Wanted to be closer to your partner? All of these come into play. It becomes an issue particularily if you live abroad and are earning income but not declaring it in your taxes. It becomes an issue of tax evasion. If you have been declaring your income and assets abroad in your taxes then it becomes much less of an issue. If you do not earn income or have assets outside of Canada then it becomes easier to sort this thing out.

I declared my spousal status after I filed for my 2012-2013 taxes, which makes sense because I was married in June 2013. CRA accepted my declaration of change in marital status and told me that it doesn't matter in terms of my GST or whatever, I wasn't married when I filled in 2012-2013 and my GST etc will be adjusted the following year to reflect my marital change when I declare it on my tax return. So, no need to worry that it took me six months to declare this change so long as it was reflected in my 2013-2014 taxes.

But CRA did advise me to declare my change in status to child benefits, which would be adjusted immediately. When I did that they had to reassess my benefits. In fact, verbal wasn't enough. I had to send them a letter declaring my change and how much my husband earns abroad, which I took my sweet time to do, and then they sent me a letter telling me I owed them like $2000+ unless I declared my husbands income. Anyways, I did send them a letter with the income and within a few months I received payments again adjusted for my husband's added income. So consider whether you receive any other benefits. An accountant would be the best person to chat to before contacting CRA. Also, I am aware of a couple (family friends) whose inland application was held until they sorted out some tax repayment issues. So, that suggests to me that CRA and CIC may work closely together and CIC may look at your tax return for more than just whether or not you've accepted welfare/social assistance, but looking for clues that you didn't pay certain taxes. ....just my thoughts and experiences. I am no expert. Good luck.

Thanx for ur help i appreciate all detail u hVe me but r u a resident or nome resident? Nd ur husband is he canadian ? Is this y ur declaring his income? Cause i will file for my husband sponsorship nd i am abroad nd ill b filing from abroad but my status is resident is this a problem? Or i should change?
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Re: IMM 5481

legendrock said:
Thanks computergeek...i have onother question regarding IMM 5481

I am a cab driver, driving capital cab taxi.....i started from19 march

So in imm 5481

2nd question
a) unemploynment (NA)
b) employed
c) self employed

So is taxi driving in self employed or employed b) or c)
Is your income reported to you on a T4? If not (which is what I suspect) then you are self-employed.
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Rob_TO said:
Your PR status should still be valid. If you have a visa-exempt passport, you can travel to Canada on that. Your landing papers should be sufficient to prove your PR status to Canadian immigration officer.
A CBSA officer might require evidence that you have met the residency obligation. Otherwise, you run the risk of being given an A44(1) report for failure to meet the residency obligation. While you can appeal said order, it is a very real possibility for someone who has been absent from Canada for 15 years.

Since the OP is still a permanent resident of Canada (PR doesn't expire, it must be revoked or surrendered), even the issuance of an A44(1) report and a removal order would not prevent entry into Canada (PRs have a right of entry as a matter of law - the A44(1) report and removal order start the process of revoking PR). Another option would be to apply for a PR Travel Document (PRTD) before returning to Canada. At that point you would provide the evidence of cohabitation (time living with your Canadian spouse outside Canada counts towards the residency obligation). The Visa Office would review that information and issue you a PRTD.

With a PRTD, the CBSA officer won't question you - CIC has already done an evaluation and determined you are in compliance. Then once you are inside Canada you would apply for a new PR card. Once again, because CIC in London would have already recently evaluated you, it won't take them long to approve a new PR card.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
computergeek said:
A CBSA officer might require evidence that you have met the residency obligation. Otherwise, you run the risk of being given an A44(1) report for failure to meet the residency obligation. While you can appeal said order, it is a very real possibility for someone who has been absent from Canada for 15 years.
If the PR is traveling with Canadian spouse, I would think the CBSA officer would accept at their word that they have been living together overseas, which would satisfy the obligation requirements. They could also show an original marriage certificate, and a simple shared lease/mortgage/rental agreement wherever they were living.

Have never seen examples of what CBSA officers would do in this situation though, so don't know for sure. I guess it would be better for peace of mind to get a travel document, and not allow a CBSA officer to make life difficult if they want to.
 

legendrock

Full Member
Sep 6, 2013
21
0
thanks again computergeek,

My income is totally on cash, i don't get any payment from capital cab. i get my money directly from costumer..so i think i am not getting T4 or any thing else at end of the year.
 

mirakhorli.f

Member
Mar 25, 2014
16
0
Hi guys,
I have a question about PCC. Do we need to get a PCC of ringer print for canada, while we are living inside canada?
if yes, how long it would take to get one?
for medical exam, where should we go to take?
Thank you in advance
 

agarand8

Hero Member
Aug 21, 2013
579
25
Regina, Saskatchewan
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
28-03-2014
Doc's Request.
10-06-2014
AOR Received.
21-05-2014...#2 - 10-06-2014
File Transfer...
22-05-2014
Med's Request
Additional tests requested on 05-06-2014
Med's Done....
Feb. 2014 & August 5th 2014
Interview........
24-FEB-2015
Passport Req..
24-MAR-2015...received at VO 6-APR-2015
legendrock said:
thanks again computergeek,

My income is totally on cash, i don't get any payment from capital cab. i get my money directly from costumer..so i think i am not getting T4 or any thing else at end of the year.
When you have a cash income you are responsible to keep track of it yourself. You keep all of your receipts for every payment you receive, and you also keep all of the receipts for all of the expenses that you have to pay because of your cab driving... like gas and anything Capital Cabs charges you for use of their vehicle or however it works. Then you take all of these papers to an accountant and they can figure everything out for you.

You are self employed.
 

Tj777

Hero Member
Nov 5, 2012
233
2
Category........
Visa Office......
MANILA
Job Offer........
Pre-Assessed..
App. Filed.......
17-10-2013
AOR Received.
06-11-2013
Med's Request
05-06-2014
Passport Req..
05-06-2014
VISA ISSUED...
01-08-2014
does doing remedical will cause delay to the process???
 

Doc123

Star Member
Apr 2, 2014
170
1
Visa Office......
Lvo
Job Offer........
Pre-Assessed..
App. Filed.......
May 2014
File Transfer...
July 2014
Passport Req..
Inshallah soon
Thanx for ur help i appreciate all detail u hVe me but r u a resident or nome resident? Nd ur husband is he canadian ? Is this y ur declaring his income? Cause i will file for my husband sponsorship nd i am abroad nd ill b filing from abroad but my status is resident is this a problem? Or i should change?

quote author=Doc123 link=topic=46995.msg3055571#msg3055571 date=1397653828]

[/quote]
 

Baby1990

Star Member
Oct 15, 2012
68
1
Job Offer........
Pre-Assessed..
friends,
I do have a question. I got marry in 2012 and sponsored my husband 2013 but for some reasons we got separate and I withdraw file within one month and I got my money back too. We both had issues bcz of parents. Our parents are from back old style mentalty, they wanted him to get pr on gis own basis means mpnp. But then we start living together after seprarion of 3 months. Now when he is ready for mpnp, then they are saying I have to sponsor him bcz he already has spouse in Canada. So I would like to know how to deal with these things. If I would sponsor him in may again, there would be issues or not. I want him to work in Canada as his visa is expiring in June and he is the only one who earns. Plz I need some suggestions. No one Visa counselor suggesting anything. Plz help.
Thanks
 

Doc123

Star Member
Apr 2, 2014
170
1
Visa Office......
Lvo
Job Offer........
Pre-Assessed..
App. Filed.......
May 2014
File Transfer...
July 2014
Passport Req..
Inshallah soon
Doc123 said:
Thanx for ur help i appreciate all detail u hVe me but r u a resident or nome resident? Nd ur husband is he canadian ? Is this y ur declaring his income? Cause i will file for my husband sponsorship nd i am abroad nd ill b filing from abroad but my status is resident is this a problem? Or i should change?

quote author=Doc123 link=topic=46995.msg3055571#msg3055571 date=1397653828]


Once you receive option C print out what are you suppose to do with it??? send the empty letter or take it to the bank? im lost
 

rksandhu

Champion Member
Mar 1, 2014
1,838
27
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
26-08-2013
AOR Received.
25-9-2013
File Transfer...
12-09-2013
Med's Done....
01-07-2013 / Remedical....: 8th july 2014 / received. ..: 23rd July 2014
Passport Req..
26-09-2013 (sent-10 oct 2013)
VISA ISSUED...
IN-PROCESS since 4th-July-2014 DM-8 Nov 2014 RECEIVED PP-10 Nov 2014
LANDED..........
17 dec 2014 :-D
Chakravarthy said:
hello everyone,

I am from India and i am PR holder in canada, i m married and my wife is pregnant...and she cannot be able to do her full medicals ( except the x-ray,everything is done). I am confused about 2 things.

1. Shall i apply for my wife PR process now as she is pregnant and do the apply the additional family when she delivers for my child.
or
2. shall i wait for a time and do both the wife and child together, after she delivers?

3.How long is the PCC from India is valid till?

please help me out of this situation.

Chakravarthy.
1.ur wife can do her x-ray..at da time of medical I m 3 months pregnant.nd told da
Them I m pregnant they cover da abdomin..its totally safe..
2.no u should not wait. .first apply ur wife nd after delivery ur childs..
3.PCC is valid for 1 year in india...
Gud luck