Hi I am PR who recently visited India and got married , and cannot return to canada due to covid 19, can I still apply for sousal PR and declare that I am resident of canada ? I heard from other forms that we can declare country of residence as canada due to covid 19 situation
In other cases here it has been noted that you should only apply when _in_ Canada, i.e. only when you return. I would suggest looking into this carefully before applying as it would be a large waste of time and potentially a long wait before you find out
if there is a problem. (Keep in mind, how will Canada know you have returned?) I would suggest not risking it unless you are 100% certain.
Comments that say it's okay 'as long as you have maintained residence in Canada' to me are not sufficiently grounded. There is a definition for tax purposes of what being resident means; I'm not aware of any other hard-rule that IRCC would be obliged to follow; meaning, it is possible IRCC could decide you are not resident just because you are not in Canada. (Remember, a tourist visa to Canada is called a 'temporary resident visa' - even if the person only is in Canada for a day; clearly under one interpretation 'resident' can mean exceedingly short periods.)
When you say you 'cannot return to Canada', what do you mean? As a PR you can return to Canada at any time. There must be some issue at the other end.
You say you 'recently visited' India - does that mean you arrived in India before Covid started, March roughly, and have been there ever since? If so, I strongly doubt IRCC would consider that you are/were resident at the time you applied if you apply now.
Note, I'm admitting openly don't know for certain about these points. But I don't see evidence to support the claim that you can apply from abroad or rely on the twitter statement you saw but can't find. (Frankly not sure Tiwtter statements can be relied on either)
I'd be cautious to check before applying from abroad because, as noted risk of it being returned or rejected is real. Either way potential large loss of time.