PR card expired but living with a Canadian wife

[pakistan2]

Hello,

My uncle's PR card has expired and he did not stay in Canada long enough to be a PR of Canada. Now he is living in UAE with a Canadian wife who is dependent on him for all expenses. Does that satisfy his residency requirements and can he get his PR back. Should he apply for a fresh Immigration application under family (spouse sponser)?

Please advice.

Thank you very much.

Regards

 

[canadianwoman]

Time spent living outside of Canada with a Canadian citizen spouse counts as time in Canada for the PR residency requirements. It depends on how much time he spent outside of Canada after landing but before marriage.

 

[RobsLuv]

That actually depends on whether the Canadian citizen spouse is the sponsor. I don't think it's enough to maintain residency requirements just to be living with a Canadian citizen spouse - I'm pretty sure it has to be the sponsor.

 

[rjessome]

That actually depends on whether the Canadian citizen spouse is the sponsor. I don't think it's enough to maintain residency requirements just to be living with a Canadian citizen spouse - I'm pretty sure it has to be the sponsor.

No, it doesn't have to be the sponsor. See S.61(4) of the Regulations. The real question here is did he marry the Canadian before or after he left Canada. The only time it would count towards residency is if they were married before he left Canada and moved to another country because the key word is "Accompanying".

 

[Leon]

If you look at http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp they only ask for the number of days outside Canada while accompanying a Canadian citizen spouse.

As for the definition of accompanying, it could be interpreted in the way that his wife is accompanying him and not the other way around because she is not working and has no compelling reason to be living in the UAE. This may get him denied.

If he wants to find out, he should apply for a travel document when he is ready to return to Canada. If they deny him, his wife can sponsor him for PR again but if she wants to do that while staying in the UAE, she must show that they have plans to move to Canada when he gets his PR back.

 

[pakistan2]

Thank you all.

Well actually they were married when they both immigrated to Canada but for work reasons he could not stay long enough in Canada to meet the residency requirments. He has three children, two 18 plus and one 16 and they are all Canadian citizens.

Regards