Spouse Sponsorship Issue

[beatitboss]

Hi Guys,

Together with my fiancee, we are collecting documents and evidence in order to apply for a sponsorship visa so that my she can settle in Canada with me - I am the citizen.

I just came across a small confusion; I am willing to complete an MBA program in the USA which will last for 1,5 years but I will be travelling back and forth all the time.

I still don't know when exactly I am going to begin the program however I'd like to know whether my fiancee (who'll become my wife soon) will be allowed to remain in Canada while I'll be commuting back and forth to the USA. Obviously my main residence will be in Canada and I am not willing to move to the USA upon the completion of my degree.

Cheers,

 

[rhcohen2014]

it depends if you are talking about during the application process or after the application is approved. if it's during the application process, and you have applied outland, sponsor and applicant do not need to live together. as an outland applicant, most likely the applicant's status is visitor, so "living" in canada is a no-no. "visiting" is the only option, unless you are there on a work or study permit. A visitor has to abide by the rules set by CBSA when they arrive, which means if they only are allowed to visit until a certain date, they need to leave by that date. If you happen to leave while she's there as a visitor, i can't see that as an issue. The only issues CBSA/CIC care about is if someone there as a visitor overstays, works or goes to school there... all illegal.

If you are asking about going back and forth once PR has been approved, that is more tricky. Technically sponsor and PR need to live together so that the PR status is not in jeopardy. Living together does not need to be in Canada, so both sponsor and PR can both live in the US together. So if you are going back and forth for a long period of time, your wife needs to go with you. If CIC finds out that sponsor and PR are not living together for an extended period of time, there is risk to the PRs status, and it can be revoked. I am not sure how frequent short trips (2-3 weeks at a time) count toward this rule.

since you aren't even married yet, and haven't applied for sponsorship, it's quite possible you can finish your grad program before the PR application is approved. i'd try to do that, since it will make things a lot less complicated.

 

[beatitboss]

Hi,
Thanks a lot for your help. It clarifies many things.
I was obviously talking about situation nr.2 where we are already approved to settle in Canada and I am doing my graduate stuff in the USA.
However as you noted, we are not married yet and we haven't applied so far. We'll be getting married later this year in Melbourne, Australia as we are both living in Australia now. My fiancee's never been to Canada so the visitor thing isn't even applicable.
I will have to think it through once again. It looks like it's gonna be a complicated one and I am glad that I don't have to deal with it right now.
Basically speaking, I am willing to go to graduate school only after having spent/worked a couple of years in Canada which means that I am not gonna go to grad school at least until 2018.
I guess that in this case the CIC may change rules and many other things can happen including the fact that she may be naturalized.

Nevertheless, if my fiancee performs the official 'landing' in Canada and then spends 1,5years in Texas with me; will she lose her PR status? Or as long as she's with me she'll have the right to get back to Canada with her PR?
I am asking this question as I read somewhere that as long as the PR spouse accompanies the citizen during his stays overseas and evidence can be produced, the PR status remains unaffected, correct me if am wrong please.
Cheers,

 

[Avadava]

Hi,
Thanks a lot for your help. It clarifies many things.
I was obviously talking about situation nr.2 where we are already approved to settle in Canada and I am doing my graduate stuff in the USA.
However as you noted, we are not married yet and we haven't applied so far. We'll be getting married later this year in Melbourne, Australia as we are both living in Australia now. My fiancee's never been to Canada so the visitor thing isn't even applicable.
I will have to think it through once again. It looks like it's gonna be a complicated one and I am glad that I don't have to deal with it right now.
Basically speaking, I am willing to go to graduate school only after having spent/worked a couple of years in Canada which means that I am not gonna go to grad school at least until 2018.
I guess that in this case the CIC may change rules and many other things can happen including the fact that she may be naturalized.

Nevertheless, if my fiancee performs the official 'landing' in Canada and then spends 1,5years in Texas with me; will she lose her PR status? Or as long as she's with me she'll have the right to get back to Canada with her PR?
I am asking this question as I read somewhere that as long as the PR spouse accompanies the citizen during his stays overseas and evidence can be produced, the PR status remains unaffected, correct me if am wrong please.
Cheers,

That is true. The time spent outside Canada while accompanying the Canadian spouse will count towards the required days for PR renewal. However, it doesn't count towards the required days towards citizenship.

 

[beatitboss]

That is true. The time spent outside Canada while accompanying the Canadian spouse will count towards the required days for PR renewal. However, it doesn't count towards the required days towards citizenship.

thanks a lot!