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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship
My wife could not meet the residency obligation (2 in 5 Years) due to unavoidable circumstances and she's currently living outside Canada.
My question is: If in case she loses her PR because she was unable to meet the residency obligation, can I sponsor her back after 5 years have passed from being PR?
Looking forward to your replies and thank you for the advise!
Based on the limited details in your post, the 5-year sponsorship bar does not apply to you. It applies to those who have been sponsored as a spouse or partner, and then turn around and want to subsequently sponsor a spouse or partner themselves. Hence, a 5-year bar was imposed. You, as a sponsor, are not allowed to sponsor again while the original undertaking is in effect (that's 3 years). I'm not sure how they apply that rule or not, to a 2nd sponsorship of the same individual. You would think the bar would be waived, but common sense doesn't always necessarily prevail.
My wife could not meet the residency obligation (2 in 5 Years) due to unavoidable circumstances and she's currently living outside Canada.
My question is: If in case she loses her PR because she was unable to meet the residency obligation, can I sponsor her back after 5 years have passed from being PR?
Looking forward to your replies and thank you for the advise!
I know you can word this better than me, but what if she gets back to Canada can she then just make sure she fulfills her residency again or if you fail once its over .
I know you can word this better than me, but what if she gets back to Canada can she then just make sure she fulfills her residency again or if you fail once its over .
If she can somehow make it back into Canada without being flagged for missing her RO, then she can stay under the radar for a minimum of 2 years and then renew her PR Card, yes.
It is not always in the persons best interest to attempt to 'sneak' into the country because it can have negative effects on things like drivers license, health card, SIN card and such which would make life difficult, at best, but it CAN be done.
To the OP. You won't have any issues to re-sponsor your wife, however she will need to 'lose' her current PR status before that can be done. She will need to either be reported upon entering Canada and then not appeal or apply for a PRTD from her originating country and be denied and not appeal. Both scenarios would generate the necessary kick-start to having her PR removed in order to be re-sponsored by you.
You don't really need a lawyer unless there is something new for your spouse that might prohibit her from being eligible, such as a police record or some other disqualifying situation. Also be sure she is ready to settle in Canada this time, otherwise it is a waste of your time and money if she is just going to stay outside of Canada again. If that is the case, then multiple entry visas are a smarter choice at least until she is ready to settle here.
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