Spouse visa without meeting 730days rule

[umadevijuvva]

Hi All,

My husband received PR of Canada on May21 2016 which is expiring on May 21 st 2021.He wants to travel by end of September 2019.Like this he will not be able to meet the 730days rule in Canada.With the above scenario i have few questions,

1.Will the officer allow him in to the country since he is not meeting the condition of 730 days?

2.Even if he allows to enter the country can he be able to apply the dependent(Spouse sponsorship) visa for me?If yes what kind of problems we face in the process.

3.How can he apply for PR renewal?

Kindly help me with the above questions

 

[Bs65]

Others can comment as well but

1)as a PR he would always be allowed into the country but if has not met the residency obligation he could be reported subject appeal leading to PR status being revoked. If he manages to come in without being reported he needs to stay in country until in compliance

2)if he successfully enters the country he should not attempt any spouse sponsorship until back in compliance with the residency obligation

3)he should not apply to renew PR card until back in compliance which basically means once back in the country should not leave until in compliance

Note only PR cards expire, PR status can only be renounced or revoked

 

[umadevijuvva]

Thanks for your reply.
Can you please let me know how does it makes a difference to apply the spouse visa when he would have met the obligation and now for the below point?To brief why can't he apply for a spouse visa when the 730 days obligation is not met

2)if he successfully enters the country he should not attempt any spouse sponsorship until back in compliance with the residency obligation-

 

[scylla]

Thanks for your reply.
Can you please let me know how does it makes a difference to apply the spouse visa when he would have met the obligation and now for the below point?To brief why can't he apply for a spouse visa when the 730 days obligation is not met

2)if he successfully enters the country he should not attempt any spouse sponsorship until back in compliance with the residency obligation-

IRCC only allows spousal sponsorship when an applicant meets the residency requirement. Sponsoring a spouse is a privilege - not a right. If your husband hasn't meet the residency requirement to keep his PR status, then it makes sense he shouldn't be allowed to sponsor someone else. If your husband tries to sponsor you without meeting the residency requirement, the sponsorship application will be refused and then IRCC will most likely move to revoke his PR status for failing to meet the residency obligation.

If he has been outside of Canada for more than three years, once he returns, he will need to live in Canada for two years straight before he will be able to sponsor you for PR. Again, if he tries to sponsor you earlier, your application will be refused and he should expect to lose his PR status.

 

[umadevijuvva]

IRCC only allows spousal sponsorship when an applicant meets the residency requirement. Sponsoring a spouse is a privilege - not a right. If your husband hasn't meet the residency requirement to keep his PR status, then it makes sense he shouldn't be allowed to sponsor someone else. If your husband tries to sponsor you without meeting the residency requirement, the sponsorship application will be refused and then IRCC will most likely move to revoke his PR status for failing to meet the residency obligation.

If he has been outside of Canada for more than three years, once he returns, he will need to live in Canada for two years straight before he will be able to sponsor you for PR. Again, if he tries to sponsor you earlier, your application will be refused and he should expect to lose his PR status.

Thanks for your reply.He is married to me outside Canada an year back.At that point of time do we need to intimate the Government of Canada that he is married to me though he is not in Canada?If yes how to do that?

We have all the proofs that he is married to me like videos ,photgraphs,Marraige certificate from Indian government.

 

[YVR123]

Thanks for your reply.He is married to me outside Canada an year back.At that point of time do we need to intimate the Government of Canada that he is married to me though he is not in Canada?If yes how to do that?

We have all the proofs that he is married to me like videos ,photgraphs,Marraige certificate from Indian government.

If he is lucky enough to entered without being reported, then he would be staying in Canada for 2 years straight without leaving the country.
Within that 2 years, he would be filing his tax return. And in his tax return, he can declare himself as married and you as his spouse/wife.

There is no other "system" in Canada to report as married. (may be provincial health forms but you won't be covered anyway since you are not in Canada)

At this moment, don't worry about proving that you are married to him. The first obsticale is to enter without being reported and you and him being seperated for 2 - 3 years at least.