PR and RO: Questions on Sponsorship and Travel

[Neuron7997]

Hello, I am a new member. I searched the forum and found some anecdotes similar to my situation, but I cannot assume that they apply to my exact circumstances. Here is my permanent residency (PR) history:

​

- I landed in Canada as a PR on April 11, 2019.​

- My PR is valid until April 2024 (the card does not mention the exact date).​

- I stayed continuously in Canada after landing until February 11, 2020.​

- I visited India and got married in November 2020.​

- I flew back into Canada on March 3, 2023.​

So far, I have spent 1,116 days outside Canada and I am short by about 20 days to meet the residency requirement. Upon entry, an officer asked me about the length of my stay outside Canada. I answered that it was about 3 years. He asked if I was here to stay for 2 years now, and I said yes. He let me in. The conversation was brief, and I wasn't called to a counter. He casually asked me while I was walking in after the kiosk.

After entering Canada, I applied for my spouse's PR through spousal sponsorship on March 29, 2023. At the time, I considered it safe to do so instead of waiting to meet the residency obligation. My first question is how my sponsor eligibility will be assessed. Can they find me ineligible and question my PR during the sponsor approval stage? I cannot complete my residency obligation until March 2025 if I calculate technically.

I have been working in a well-paying full-time IT job in Toronto for two years. I do not own a home or a car yet, and this is my only tie to Canada apart from filing tax returns every financial year and my intention to settle here.

My second question is whether I should plan to visit my wife briefly on an occasion like a birthday or an anniversary. I would like to visit for no more than 10 days, but I am not sure if it will affect my eligibility to be a sponsor while the spousal sponsorship application is in process or affect my ability to enter Canada again. This confusion arises from the vague language for PRs less than 5 years in, after which rolling 730 days apply, and the residency obligation calculation becomes unambiguous.

I have found this forum to be immensely helpful, and I have been a reader for years. Thank you in advance, and please let me know if you need any further information.

 

[Ponga]

Hello, I am a new member. I searched the forum and found some anecdotes similar to my situation, but I cannot assume that they apply to my exact circumstances. Here is my permanent residency (PR) history:

​

- I landed in Canada as a PR on April 11, 2019.​

- My PR is valid until April 2024 (the card does not mention the exact date).​

- I stayed continuously in Canada after landing until February 11, 2020.​

- I visited India and got married in November 2020.​

- I flew back into Canada on March 3, 2023.​

So far, I have spent 1,116 days outside Canada and I am short by about 20 days to meet the residency requirement. Upon entry, an officer asked me about the length of my stay outside Canada. I answered that it was about 3 years. He asked if I was here to stay for 2 years now, and I said yes. He let me in. The conversation was brief, and I wasn't called to a counter. He casually asked me while I was walking in after the kiosk.

After entering Canada, I applied for my spouse's PR through spousal sponsorship on March 29, 2023. At the time, I considered it safe to do so instead of waiting to meet the residency obligation. My first question is how my sponsor eligibility will be assessed. Can they find me ineligible and question my PR during the sponsor approval stage? I cannot complete my residency obligation until March 2025 if I calculate technically.

I have been working in a well-paying full-time IT job in Toronto for two years. I do not own a home or a car yet, and this is my only tie to Canada apart from filing tax returns every financial year and my intention to settle here.

My second question is whether I should plan to visit my wife briefly on an occasion like a birthday or an anniversary. I would like to visit for no more than 10 days, but I am not sure if it will affect my eligibility to be a sponsor while the spousal sponsorship application is in process or affect my ability to enter Canada again. This confusion arises from the vague language for PRs less than 5 years in, after which rolling 730 days apply, and the residency obligation calculation becomes unambiguous.

I have found this forum to be immensely helpful, and I have been a reader for years. Thank you in advance, and please let me know if you need any further information.

So, you have been a PR for 4 years and a couple of weeks, correct? In that period you have spent ~ 385 days in Canada.
1.
Based on your information, as of today you should have about 385 days total, but you have another 11 months before your 5 year window closes (Apr 11, 2019 thru Apr 11, 2024). If you remain in Canada until that date, you will be close to meeting your Residency Obligation. In my opinion, you should not have applied to sponsor your spouse because you will not meet the R.O., which would appear to be some time in May 2024. You may need to withdraw the sponsorship application else you could be in a bind with IRCC (not completely certain about that).

2, You would be wise to remain in Canada until you have met (and even exceeded) the days to meet your R.O., as leaving Canada before that could mean real problems when you return. The CBSA officer noticed this and although it wasn't anything more than a light conversation, I'd expect the next officer to also have that same information...and may not be as passive.

You have to be able to look back 5 years from today, for example, and have at least 730 days spent in Canada. Same will apply on a day when you leave Canada; the day you submit an application for a new PR Card; the day you submit a spousal sponsorship application...which you already have.

Stay tuned for others to chime in, to confirm or contest my opinion. Hopefully, I'm wrong about this and, if so, will learn as well!

Good luck!

 

[Ponga]

See post #2 and #8 in this thread:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-with-expired-pr-card.769886/#post-10112862

 

[canuck78]

Hello, I am a new member. I searched the forum and found some anecdotes similar to my situation, but I cannot assume that they apply to my exact circumstances. Here is my permanent residency (PR) history:

​

- I landed in Canada as a PR on April 11, 2019.​

- My PR is valid until April 2024 (the card does not mention the exact date).​

- I stayed continuously in Canada after landing until February 11, 2020.​

- I visited India and got married in November 2020.​

- I flew back into Canada on March 3, 2023.​

So far, I have spent 1,116 days outside Canada and I am short by about 20 days to meet the residency requirement. Upon entry, an officer asked me about the length of my stay outside Canada. I answered that it was about 3 years. He asked if I was here to stay for 2 years now, and I said yes. He let me in. The conversation was brief, and I wasn't called to a counter. He casually asked me while I was walking in after the kiosk.

After entering Canada, I applied for my spouse's PR through spousal sponsorship on March 29, 2023. At the time, I considered it safe to do so instead of waiting to meet the residency obligation. My first question is how my sponsor eligibility will be assessed. Can they find me ineligible and question my PR during the sponsor approval stage? I cannot complete my residency obligation until March 2025 if I calculate technically.

I have been working in a well-paying full-time IT job in Toronto for two years. I do not own a home or a car yet, and this is my only tie to Canada apart from filing tax returns every financial year and my intention to settle here.

My second question is whether I should plan to visit my wife briefly on an occasion like a birthday or an anniversary. I would like to visit for no more than 10 days, but I am not sure if it will affect my eligibility to be a sponsor while the spousal sponsorship application is in process or affect my ability to enter Canada again. This confusion arises from the vague language for PRs less than 5 years in, after which rolling 730 days apply, and the residency obligation calculation becomes unambiguous.

I have found this forum to be immensely helpful, and I have been a reader for years. Thank you in advance, and please let me know if you need any further information.

When did you land exactly? pR card expiry dates tend to be 5 years and a few months after your original landing date so the expiry date shouldn’t be 5 years after your landing date. To be compliant with your RO you need to meet the 730 days within 5 years from your landing date. The expired date of a PR card is not related to your RO. It is very unfortunate that you didn’t return earlier and remain compliant with your RO. It also seems as though your file may have been flagged for not being compliant with your RO so I would discourage any future travel outside of Canada until you become compliant with your RO. Technically you should not sponsor anyone when you aren’t compliant with your RO because it highlights the non-compliance to IRCC which could lead to being reported for not meeting your RO. At this point you either take the risk of potentially being reported or wait 2 years to sponsor your spouse. If you weren’t living in Canada and had no ties there was no need to file taxes and filing taxes as a non-resident doesn’t add much to your file. If you had not advised CRA that you had left Canada and were receiving any form of payment from CRA then you need to call CRA asap and correct this. You were also required to notify the provincial health authority of your absence and reapply for a health card because even if you have a valid health card because you haven’t met the residency requirement to qualify for provincial health insurance. If you don’t reapply you could be asked to repay any care you receive. To qualify for provincial health insurance you must have a valid health card and meet the residency requirement to qualify for health coverage in that province. If you lived in a province like Alberta you actually never qualified for provincial healthcare. You are required to remain in Alberta for the first 12 months to qualify for AHS.

 

[Neuron7997]

Thank you for the valuable opinions.
As I mentioned, my first landing date with COPR was 11 April 2019 and I received my PR card in the mail in 15 days in the same month. My PR card expiry date is April 2024.

 

[Ponga]

Thank you for the valuable opinions.
As I mentioned, my first landing date with COPR was 11 April 2019 and I received my PR card in the mail in 15 days in the same month. My PR card expiry date is April 2024.

Yes, but that changes nothing.

You will not meet your R.O. AND you've applied to sponsor your wife.

I suggest you consult with someone that has real credentials to help guide you. Try reaching out to the law firm that generously provides these free forums. You'll find their contact number(s) at the top of the main page.

This is too risky to rely on a public forum, IMHO.