Canada Sponsorship by Spouse for an Expired PR Hol |
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traincan
New Member Joined: 28 Mar 2017 Status: Offline Points: 2 |
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Posted: 28 Mar 2017 at 3:06pm |
Hi,
I have applied for immigration to Canada in 2011, so we
submitted an application for myself as main applicant, my wife and daughter as
dependents. I didn’t sponsor my wife, we
landed and I went in and out While I haven't met my residency obligations. but I
am now a holder of an Expired PR (date
of Expiry is May 2016). My wife and daughter are living now in Canada as PR
holders. my PR got expired when I was outside Canada and I am out of Canada
now. can my wife sponsor me now? if positive, do I need to ask to withdraw my
residency status first so that my wife can apply to sponsor me? please note
that while being a resident in Canada, I have sponsored my daughter from my
Ex-wife who is now 18 years old. my daughter
has already landed and became a permanent resident 4 month ago. will withdrawing my residency rights affect
my daughter's legal presence as a resident in Canada? and will the fact that I
already sponsored her within the last 2 years affect / forbid me from being
sponsored by my wife? Can I initiate the sponsorship application by my wife
before I withdraw my residency rights first? what is the best approach for the
scope of action plan? Thanks for your help. |
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colin
Moderator Group Immigration Attorney Joined: 29 Nov 2009 Location: Canada Status: Offline Points: 133 |
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Before you can make any application to re-apply for PR status, you must renounce your current status. Before doing this however you should look in to the residency obligations and see if any exemption is applicable given your circumstances. If you fall within one of the exemptions, you may be able to show that you meet the residency obligations.
In the event that you have lost your PR status, the fact that you have recently sponsored your step daughter does not prevent you yourself from being sponsored by your wife. In addition to this, renouncing your own PR status will not affect your daughter's PR status now that she has landed so long as there was no misrepresentation as to the material facts of your residency in her sponsorship application. Please refer to http://www.immigration.ca/appendix-b-a40/ for more insight on this issue. You have raised many issues that require more insight and discussion. Consider hiring a professional for a consultation. Find out how we can help: http://www.immigration.ca/immigration-telephone-consultation/ |
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Colin Singer, Canada Immigration Lawyer & Managing Partner, immigration.ca |
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