Spouse sponsorship options/ PR applicant is in India and not working currently

[mratta23]

Hi,
I would like to know from the group members if the PR holder is divorced and moved to India during second marriage and Planning to stay in India till spouse ( husband) gets his PR approved, he is currently in India. I saw it online and it says you can not sponsor if PR holder is not physically present in Canada. Is it mandatory to sponsor only while being in Canada? We plan to come together as the process waiting time is 1 year right now. If not this, what other options do you guys recommend?
My spouse is a software engineer and he is currently working in India, will attaching his income proof and current job in spousal application help?
Please advise,
Also, can I apply for a tourist visa for spouse where we write a letter of explanation as to why I can not sponsor him ( because I am not in canada) and plan to sponsor him while we are in Canada together?

thank you

 

[canuck78]

Hi,
I would like to know from the group members if the PR holder is divorced and moved to India during second marriage and Planning to stay in India till spouse ( husband) gets his PR approved, he is currently in India. I saw it online and it says you can not sponsor if PR holder is not physically present in Canada. Is it mandatory to sponsor only while being in Canada? We plan to come together as the process waiting time is 1 year right now. If not this, what other options do you guys recommend?
My spouse is a software engineer and he is currently working in India, will attaching his income proof and current job in spousal application help?
Please advise,
Also, can I apply for a tourist visa for spouse where we write a letter of explanation as to why I can not sponsor him ( because I am not in canada) and plan to sponsor him while we are in Canada together?

thank you

Spouse has to physically in Canada to sponsor a spouse as a PR. How did your spouse get PR? Were they sponsored by the first spouse? If so when? Does your spouse currently meeting their RO? Has your spouse spent 730 days out of the past 5 years in Canada or is on track to do so? Your spouse can try and apply for a tourist visa but there are no guarantees it will be approved. Whether you are currently employed, have strong ties to India, have your own savings, etc. to prove that you are only visiting Canada will increase your chances of approval. If denied a TRV your spouse will need to move to Canada without you.

 

[mratta23]

I might have not framed the question correctly, so In this scenario, I (wife), am already a PR holder, I got my PR in 2017,
I have completed 1000+ days in Canada in the last 5 years
My spouse (husband) is an Indian citizen and has never applied for Canada, so he is working in India and I am unemployed as I moved to India to get married and left my job in Canada, I wish to move to Canada with him now so I am looking my options to sponsor him from India itself.
My husband will have two options -
first I sponsor him, which I am feeling is not possible as I am not in Canada physically, even though I am a PR holder.
Second, I apply for his tourist visa and attach a LOE explaining why we are using tourist visa option, as I can not sponsor him while being in India and we want to move back to Canada together. So, if his tourist visa is approved we both can move together and I can sponsor him then, from Canada itself.

 

[mratta23]

I might have not framed the question correctly, so In this scenario, I (wife), am already a PR holder, I got my PR in 2017,
I have completed 1000+ days in Canada in the last 5 years
My spouse (husband) is an Indian citizen and has never applied for Canada, so he is working in India and I am unemployed as I moved to India to get married and left my job in Canada, I wish to move to Canada with him now so I am looking my options to sponsor him from India itself.
My husband will have two options -
first I sponsor him, which I am feeling is not possible as I am not in Canada physically, even though I am a PR holder.
Second, I apply for his tourist visa and attach a LOE explaining why we are using tourist visa option, as I can not sponsor him while being in India and we want to move back to Canada together. So, if his tourist visa is approved we both can move together and I can sponsor him then, from Canada itself.

P.S we got married last October only. Also, I got my PR through EE in 2017 and I was the main applicant.

 

[armoured]

first I sponsor him, which I am feeling is not possible as I am not in Canada physically, even though I am a PR holder.
Second, I apply for his tourist visa and attach a LOE explaining why we are using tourist visa option, as I can not sponsor him while being in India and we want to move back to Canada together. So, if his tourist visa is approved we both can move together and I can sponsor him then, from Canada itself.

Yes, it won't be possible to sponsor him while you are out of Canada.

He can apply for TRV of course. It will be evaluated based on his likelihood of returning to his home country (intent to return and ties to India).

If you advise up front that the entire intent is to come to Canada and never leave, it's not going to be a strong case for a visitor's visa. If married to a Canadian resident, it also has a higher chance of refusal - but some do get approved.

Other options would include him applying for and qualifying as an immigrant in his own right.

But you should face fact that there is a possibility you may need to live apart for some time (realistically).

 

[steaky]

You can also delay. Become eligible for Canadian citizenship and get the passport.

Afterwards, go on with your plan to stay in India till spouse ( husband) gets his PR approved, and then move to Canada together.

 

[YVR123]

You can also delay. Become eligible for Canadian citizenship and get the passport.

Afterwards, go on with your plan to stay in India till spouse ( husband) gets his PR approved, and then move to Canada together.

Right. That's an option too. You can apply for citizenship if you have 1,095 days + in Canada. Currently citizenship is taking a bit long. But many waited outside for the test and only return for the Oath ceremony. Once you are a citizen, you can apply to sponsor your spouse outside of Canada.

 

[armoured]

Right. That's an option too. You can apply for citizenship if you have 1,095 days + in Canada. Currently citizenship is taking a bit long. But many waited outside for the test and only return for the Oath ceremony. Once you are a citizen, you can apply to sponsor your spouse outside of Canada.

It's true but you can't start the sponsorship process "as a citizen" (i.e. worry less about leaving the country during sponsorship) until you actually get citizneship. So if (say) citizenship takes 18 months, it's not really relevant to her situation right now (that is, wanting to not have any long periods of time apart from spouse). Still less practical than just doing sponsorship.

 

[YVR123]

It's true but you can't start the sponsorship process "as a citizen" (i.e. worry less about leaving the country during sponsorship) until you actually get citizneship. So if (say) citizenship takes 18 months, it's not really relevant to her situation right now (that is, wanting to not have any long periods of time apart from spouse). Still less practical than just doing sponsorship.

Well, she could submit her citizenship application and fly back to stay with her spouse. Wait till she got her oath invite and come back to Canada. And then travel back to live with her spouse again. Then apply to sponsor while staying outland. If NOT being seperated is the most important part, she could delay the sponsorship application for like 2 years.

 

[armoured]

If NOT being seperated is the most important part, she could delay the sponsorship application for like 2 years.

Fair enough, I was thinking of while also getting PR app for spouse moving before too long.

 

[YVR123]

Fair enough, I was thinking of while also getting PR app for spouse moving before too long.

I agree that's pretty unusual. Most people would try to get TRV and if spouse cannot get TRV. They (PRs) would just travel back to Canada and apply outland while waiting for the process. (wait while living in 2 countries for the process)

 

[mratta23]

Thank you everyone for the suggestions, I really appreciate your input. We will apply for TRV first and wait if any PNP without a job offer opens up and apply.