Visiting spouse while application is in process..

[syeddd]

Hi all,

All I want to know is if my wife can visit me while my spouse visa application is in process. She holds a PR card. If yes then how long can she stay with me ??

Thanks in advance
ss

 

[Baseera]

Hi all,

All I want to know is if my wife can visit me while my spouse visa application is in process. She holds a PR card. If yes then how long can she stay with me ??

Thanks in advance
ss

Of course she can visit you but she can only stay less then 6 months because she has a PR

 

[PMM]

Hi

Of course she can visit you but she can only stay less then 6 months because she has a PR

Wrong, his spouse is the PR sponsoring him, PRs must be resident in Canada during the processing of the sponsorship and application. From the Act

130. (1) Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

PMM

 

[BlueDragon17846]

Hi

Wrong, his spouse is the PR sponsoring him, PRs must be resident in Canada during the processing of the sponsorship and application. From the Act

130. (1) Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

PMM

Unless I'm reading this wrong, the OP seems to indicate that his wife (PR and sponsor) will simply visit him, not that she will be residing outside Canada. I would imagine that as long as she maintains the required number of days per year in Canada to still maintain her PR, she could simply visit him. Is this not true?

 

[PMM]

Hi

Unless I'm reading this wrong, the OP seems to indicate that his wife (PR and sponsor) will simply visit him, not that she will be residing outside Canada. I would imagine that as long as she maintains the required number of days per year in Canada to still maintain her PR, she could simply visit him. Is this not true?

No, you may wish to search the CanLaw Site for some of their decisions http://www.canlii.org/en/ca/irb/index.html search for text sponsorship and residing in Canada.

1. http://tinyurl.com/yfch4ag
2. http://tinyurl.com/yhx27np

PMM

 

[syedd]

Hi Thanks for all replies,

I read through the cases which u referred. I understand a pr card holder should be residing in canada while an application is in process. There are 2 more questions rising from this.

1. Untill the decision made means the time when the sponsor is approved in misisssauga, or the time when visa is issued.
2. Does it means that a sponsor can't visit even for 15 days during whole that process while she or he is on job holidays. what i can understand is that a sponsor should meet the requirements of residency during the process of application in a way that he or she spend most of the time in canada while holding some strong ties like jobs etc. or is it something like YOU CAN'T LEAVE CANADA AT ALL UNLESS A DECISION IS MADE. correct me if i m wrong

cheers

 

[BlueDragon17846]

Hi Thanks for all replies,

I read through the cases which u referred. I understand a pr card holder should be residing in canada while an application is in process. There are 2 more questions rising from this.

1. Untill the decision made means the time when the sponsor is approved in misisssauga, or the time when visa is issued.
2. Does it means that a sponsor can't visit even for 15 days during whole that process while she or he is on job holidays. what i can understand is that a sponsor should meet the requirements of residency during the process of application in a way that he or she spend most of the time in canada while holding some strong ties like jobs etc. or is it something like YOU CAN'T LEAVE CANADA AT ALL UNLESS A DECISION IS MADE. correct me if i m wrong

cheers

I'm interested in the 2nd question particularly because my husband (a Canadian ctzn, who is my sponsor) will be going to the U.S. for a week this summer to volunteer at a camp. We both reside here in Canada and have applied inland. I know that I cannot risk going, as I am only a visitor, waiting for PR inland. But my husband is a Canadian citizen and has a job here in Canada, we both reside here in an apartment in Canada, does this mean that he, too, cannot "visit" the U.S. for just a week?

 

[BlueDragon17846]

Hi

No, you may wish to search the CanLaw Site for some of their decisions http://www.canlii.org/en/ca/irb/index.html search for text sponsorship and residing in Canada.

1. http://tinyurl.com/yfch4ag
2. http://tinyurl.com/yhx27np

PMM

Both links refer to cases where the sponsor clearly lived and even worked outside Canada during the process. In both of them, there are indications that permanent residence was set up outside Canada. That still leaves the possibility that someone (Canadian ctzn or PR) who works and lives permanently in Canada, but simply took 1-2 weeks vacation from work to travel outside Canada, would still be eligible to sponsor a PR.

 

[jaune]

Oh so I have similar concern as you BlueDragon( but you seem determined not to be going out of Canada), I applied inland being sponsored by my common-law partner. But I really really want to go to Brazil and do some volunteering work this summer as I'm invited there, it would be an extraordinary opportunity for me, so I'm really hesitating if I should take this risk and am estimating how high this risk could be...

 

[BlueDragon17846]

Oh so I have similar concern as you BlueDragon( but you seem determined not to be going out of Canada), I applied inland being sponsored by my common-law partner. But I really really want to go to Brazil and do some volunteering work this summer as I'm invited there, it would be an extraordinary opportunity for me, so I'm really hesitating if I should take this risk and am estimating how high this risk could be...

To you, it would be a huge risk to leave, in case they refused you entry when you return (given that you do not yet have PR status). My question, however, is whether or not the sponsor can travel outside Canada on a short 1-2 week vacation.