spouse sponsorship - for previous PR primary applicant

[ssk1854]

I was primary applicant and we as family of four went to canada as PR. 6 year back since I ( primary applicant) did not spend enough day inside canada could not apply for PR renewal or citizenship - hence gave up the PR. While spouse and two children qualified and became citizens. Now I am applying under spouse sponsor or family class.
1. me and my spouse ( sponsor) currently leave outside canada
2. Am I eligible to apply under family class or not? I hope I am and my spouse can sponsor me under family class

on top of the check list under the heading - "Information under previous examination ( to be completed by sponsor)" :

"The person I am sponsoring was declared as my spouse or partner nd was already examined as a non-accompanying depended when I applied for a PR"Visa, and not received an immigrant visa"

Yes or no?

what should I tick?

as such above doesn't apply to us. In this case the person being sponsored was previous granted PR and was premary applicant.

any advice please?

 

[armoured]

I was primary applicant and we as family of four went to canada as PR. 6 year back since I ( primary applicant) did not spend enough day inside canada could not apply for PR renewal or citizenship - hence gave up the PR. While spouse and two children qualified and became citizens. Now I am applying under spouse sponsor or family class.
1. me and my spouse ( sponsor) currently leave outside canada
2. Am I eligible to apply under family class or not? I hope I am and my spouse can sponsor me under family class

on top of the check list under the heading - "Information under previous examination ( to be completed by sponsor)" :

"The person I am sponsoring was declared as my spouse or partner nd was already examined as a non-accompanying depended when I applied for a PR"Visa, and not received an immigrant visa"

Yes or no?

what should I tick?

as such above doesn't apply to us. In this case the person being sponsored was previous granted PR and was premary applicant.

any advice please?

You will need to tick no and attach a letter of explanation that you previously immigrated, became a PR, and renounced. Include also a copy of the documents you signed for renunciation of PR status.

Note that your spouse will need to also demonstrate that he will return to Canada. It's possible this will be subject to more scrutiny since he did not remain in Canada, depending on how long he has been out of Canada now. If there are short term reasons that he left Canada that are now no longer the case (e.g. returned to help take care of ailing parents who have now passed on), that may help.

If you have a valid visitor's visa (I presume you renounced in order to get visitor's visa?), you could both return and apply inland. At least that aspect of his commitment to return would not be in question.

 

[ssk1854]

Applicant (myself, Indian citizen) has a job and working in UAE, Dubai, my wife (Canadian citizen and sponsor) lives with me and is a home maker. so what can be considered as a good proof that we will return to canada once I get PR visa?

My work visa or resident visa and my wife resident visa in UAE is still valid for next 3 years.

 

[ssk1854]

one more question please - if we apply as inland than do I (visitor) also need to stay in canada until the decision is made? or since I have a job in UAE, I can return back until a decision is made.

 

[armoured]

Inland you are expected to stay in Canada. But you would get work permit during process.

You would have to show savings and ability to support as well. (Sorry I got he/she/sponsor/applicant reversed)

Examples of intent to return to Canada - search more here but living arrangements, job searches and applications, etc. Possibly info from children (still in Canada?) and their own support letters. Some provide info on leaving employment where they are residing. I understand some have applied this way and then moved during process, and updated address to remove that doubt. But it would likely mean being separated longer.

I realise inland may have disadvantages as well (esp employment and funds) but worth considering. If you are intent on returning to Canada to live and work, it may be easier in long run to face the harder part up front and actually move.

 

[ssk1854]

But sponsor can be inland and applicant can be outside until PR visa comes - is that not normal. or is it difficult and will need more documentation.

 

[armoured]

But sponsor can be inland and applicant can be outside until PR visa comes - is that not normal. or is it difficult and will need more documentation.

Yes you're correct. If you can live separate and have sponsor in Canada, removes the intent to return issue.

 

[ssk1854]

thx - in doing so is there any additional documentation required - like to prove that how are we keeping in touch with each other etc etc

 

[canuck78]

Think you will still may need to prove that you intend to return given your situation and you will run into similar issues if after PR you don’t meet your RO again. Yes a Canadian will be with you abroad but the issue of who is accompanying who will be an issue. You should only apply for PR when you actually intend on living in Canada and meeting the RO while in Canada.

 

[armoured]

thx - in doing so is there any additional documentation required - like to prove that how are we keeping in touch with each other etc etc

Look at the checklist. I believe if married sufficiently long, with children, mostly residing together, they will not require additional documentation such as letters and communications, but don't recall the exact requirements.

I do echo points that are made above, apply when you intend to reside full time in Canada.

 

[ssk1854]

Quiry on police clearance ...

Do I need to obtain plluce clearance from countries I lived last 10 yesrs or do I need to obtain from all countries where I stayed 180 days since 18 years of age ..