still married, hope to get wifes visa approved

[bornhere]

My wife and I have been living apart for the last couple years. I was her sponsor for permanent residency process. We moved to Canada when it was now or never to meet the requirements of pr for her. She is living in Quebec receiving social assistance and working a bit. Her permanent residency expired last month. She has met the minimum living requirements for her permanent residency but still needs another 6 months to meet the citizenship; we intend to apply for that then. First we intend to renew her pr card soon but it has been expired for a month now.

1)Will I need to reimburse the Quebec gov't for social assistance money she's received if we weren't living together when she received it?
2)Will the fact that we haven't lived together for two years affect her approval of either?
3)Does her receiving social assistance affect her approval for pr renewal for either?
4)Will her leaving the country now make it more difficult or easier for her to get either approved?

any suggestions are much appreciated :-[

Colombicanadian couple

 

[SenoritaBella]

1. If it's still within 3 years from when she became PR, you have to reimburse the gov't but not after that.
2. If she meets requirements for both, there shouldn't be problems.
3. I don't think so - however, she should have proof of her physical presence in Canada just in case e.g. T4s, notice of assessments, etc.
4. She has to be in Canada to renew her PR card. For citizenship, she needs to have at least 1095 days of physical presence in the 4 yrs preceeding the application. If she meets requirements and wants to leave the country, there shouldn't be issues but note that she can be called for an interview or to write the test and would have to make arrangements to return.

 

[bornhere]

Thanks a lot for the info SenoritaBella. This is such a great place to find info I need.

 

[bornhere]

I see they ask where she has been living in the 5 years since acquiring PR.

She lived the first 2 years in Colombia during which she worked a couple summers in Canada.

What kind of proof of residency does immigration canada require for her residence down there?
If important, does it need to be notarized?

Hopefully it is only her time in Canada she needs to provide. Will they ask her about time outside of Canada? She was doing university courses there if it matters.

 

[SenoritaBella]

She needs proof of residency in Canada for at least 730 days in the last 5 to renew her PR. I don't believe she needs proof from Columbia.

 

[bornhere]

What kind of proof do they take for her presence in Canada? Is a tenency agreement/ one year lease with her name with mine be an accepted proof?

 

[bornhere]

2) She didn't get her t4's in and hasn't done her taxes this year. Is this necessary for her to do before to renew her expired PR card?

3) Is she going to be required to stay in Canada after she applies for PR renewal and is awaiting a response? Will they mail her the renewed card?

4) Is she able to use this time after her PR card expiry and new PR card renewal as time towards her Citizenship if she is in the Country?

Concerned

 

[bornhere]

what about domestic air travel? Can she get on a plane in Quebec and fly to BC on another ID?

 

[SenoritaBella]

2) Please refer to the guide - http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

3. PR cards are mailed to Canadian addresses only. She may be asked to pick it up from a local CIC office and must bring originals of the documents provided as proof of residency.

4. Yes. Note that for this time to count towards her citizenship, it must still be within the 4 years immediately preceeding her citizenship application. So staying outside Canada for long periods after renewing her PR defeats the purpose.

Note that CIC awards half credit(up to 1 year) for time spent in Canada before becoming a permanent resident, if it falls within the 4 year window before the citizenship application.

Yes, she can travel within Canada with a photo ID like driver's license or provincial ID.

2) She didn't get her t4's in and hasn't done her taxes this year. Is this necessary for her to do before to renew her expired PR card?

3) Is she going to be required to stay in Canada after she applies for PR renewal and is awaiting a response? Will they mail her the renewed card?

4) Is she able to use this time after her PR card expiry and new PR card renewal as time towards her Citizenship if she is in the Country?

Concerned

 

[bornhere]

Thanks for references and answers SenoritaBella

Since I was with her on her first two years when she was a permanent resident of Canada in Colombia and I'm a citizen of Canada, does/can that count towards her Citizenship application minimum living requirements?

I saw something about it on the guide and thought I'd ask...? :

We could have applied for PR and had time counted preceding the PR application but they denied her tourist visa since we were already married(it sounds crazy I guess they thought it was a sham marriage) but they said the only way she would get into Canada was if she applied for Permanent Residency.

 

[SenoritaBella]

I think what you refer to is when a permanent resident accompanies his/her Canadian citizen spouse, they can count that time towards meeting residency obligations.
It does not count for citizenship though... physcial presence is required. Here's what the guide says:

"You may be eligible for Canadian citizenship

Adults may be able to obtain Canadian citizenship if they:
•are permanent residents of Canada
•have lived in Canada for at least three out of the four years immediately preceding the date of an application for Canadian citizenship and
•meet all other requirements"

It is more plausible she was denied because they did not believe she will leave Canada at the end of her visitor visa. She had to demonstrate strong(er) ties to Columbia(steady employment, adequate funds, something compelling to make her want to go back, etc). Having a Canadian citizen spouse usually sends red flags about the possibility of overstaying. Who amongst us would want to leave our spouse? hehe Those officers are kinda too smart for our and their own good.

Thanks for references and answers SenoritaBella

Since I was with her on her first two years when she was a permanent resident of Canada in Colombia and I'm a citizen of Canada, does/can that count towards her Citizenship application minimum living requirements?

I saw something about it on the guide and thought I'd ask...? :

We could have applied for PR and had time counted preceding the PR application but they denied her tourist visa since we were already married(it sounds crazy I guess they thought it was a sham marriage) but they said the only way she would get into Canada was if she applied for Permanent Residency.

 

[bornhere]

I guess it's too late now, but if she could have stayed in Colombia longer than the 1075 days for University or something else, she could have still renewed her PR card if I was accompanying her when she was there within the 5 years of Permanent Residency?

 

[SenoritaBella]

I'm not sure I understand the question. She has to be accompanying you(the Canadian citizen), not the other way around.

I guess it's too late now, but if she could have stayed in Colombia longer than the 1075 days for University or something else, she could have still renewed her PR card if I was accompanying her when she was there within the 5 years of Permanent Residency?

 

[Leon]

I'm not sure I understand the question. She has to be accompanying you(the Canadian citizen), not the other way around.

They do not really go into who was accompanying whom. A PR who is living with a Canadian citizen spouse outside of Canada will continue to meet the residency requirements but it is a bit tricky to renew their PR card every 5 years because a PR renewal application should originate from within Canada and in some cases they are asked to come and pick up their card in person. They can however at any time go to a Canadian embassy and apply for a PR travel document to return to Canada because living with their spouse 2/5 years is as good as being in Canada for 2/5 years. A PR card expiring does not mean you lose your status. As long as you still meet the requirements, you can renew it even years later.

However, a PR spouse will not get to apply for citizenship based on days they spent with their spouse overseas unless the spouse is military or works for the Canadian government. Otherwise, they have to stay in Canada in order to meet the citizenship residency requirements like almost everybody else.

 

[bornhere]

Another question that I don't understand please and thank you:

Question #16 on the application for a permanent resident card (renewal) says, "Place you became a permanent resident of Canada"

She was approved while outside of Canada. Does this question mean the first immigration office she arrived at in Canada, like I think it was Toronto where she landed.


When did she technically become a pr of canada, when she was approved or when she arrived?
Maybe she flew into Canada and they gave her the the card, I can't remember.

On her IMM5292 it says became PR at: 322(or 7)3... if that helps

Also on #19C. They ask for your address history since becoming a PR. Four lines to indicate all places lived just isn't enough especially if they stipulate in the guide to account for each month. Where do they want you to write all of the places