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Will I be considered based on C&H factor?

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rahx View Drop Down
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    Posted: 05 Jan 2010 at 10:33am
Hello all,
I received my PR in December 2007 but didn't land till April 2008 due to some personal reasons. I left Canada for my home country in July, 2008 to marry my girl and then planned to bring her with me back to Canada.

I had been staying in Canada during 2002-2008, first studying and then working. All of my identifications (SIN card, PR card, driver's license, etc.) are intact. You can see that I'm establishing my life here.

All was well, until my fiancee fell ill around May 2009. This is not her first time. Hospital suspected Myocarditis but could not provide an effective cure, citing that it is a chronic illness. She's now on herbal medicine and is slowly recovering but both her physician and psychiatrist have determined that she's in no form for long distance travel any time soon.

So here comes my dilemma: I have until July 2011 before I use up all the 3 years in my first 5-year period, but with my girl like this, there's a chance that I won't be able to make it. I've consulted with our local Canadian Embassy but they said they could not advise me whether I would meet the residency obligation in a future time.

I read up on CIC's website and came across this Human and Compassionate factor stuff. Does anyone know whether this applies to me? Or a more general question: what should I do now so that I won't lose my PR status in case I cannot go back to Canada in time?

Sorry for the rambling. Any inputs are much appreciated.
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2010 at 2:26pm
Hi

Originally posted by rahx rahx wrote:

Hello all,
I received my PR in December 2007 but didn't land till April 2008 due
to some personal reasons. I left Canada for my home country in July,
2008 to marry my girl and then planned to bring her with me back to
Canada.

I had been staying in Canada during 2002-2008, first studying and then
working. All of my identifications (SIN card, PR card, driver's
license, etc.) are intact. You can see that I'm establishing my life
here.

All was well, until my fiancee fell ill around May 2009. This is not
her first time. Hospital suspected Myocarditis but could not provide an
effective cure, citing that it is a chronic illness. She's now on
herbal medicine and is slowly recovering but both her physician and
psychiatrist have determined that she's in no form for long distance
travel any time soon.

So here comes my dilemma: I have until July 2011 before I use up all
the 3 years in my first 5-year period, but with my girl like this,
there's a chance that I won't be able to make it. I've consulted with
our local Canadian Embassy but they said they could not advise me
whether I would meet the residency obligation in a future time.

I read up on CIC's website and came across this Human and Compassionate
factor stuff. Does anyone know whether this applies to me? Or a more
general question: what should I do now so that I won't lose my PR
status in case I cannot go back to Canada in time?

Sorry for the rambling. Any inputs are much appreciated.




Extremely unlikely as with a non PR wife and no ties to Canada, haven't met residency requirements, doubtful that IAD will give you the benefit of the doubt.

PMM
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rahx View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rahx Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2010 at 8:08pm
Thanks for the reply.
So at this point, is there anything I can do?
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IslandGirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IslandGirl Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2010 at 10:01pm
Yeah, watch your time outside Canada
You married in July 2008 - you could have returned to Canada & applied to sponsor her then - not a factor that weighs in your favour
It was almost a year from the time you got married until she became ill, your information is vague but it sounds like you stayed outside Canada after you got married also

Originally posted by rahx rahx wrote:

Thanks for the reply.
So at this point, is there anything I can do?
Used to be known here as "feb7" - there's no doubt to my gender this way
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rahx Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jan 2010 at 5:58am
Sorry I didn't make it clear.

We haven't got married yet. We had been apart for over 2 years since my last return and a lot of things had to be arranged first (it's a tradition thing...). With her illness last year, our wedding was once again postponed. Right now it looks more like end of this year (2010).
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IslandGirl Quote  Post ReplyReply Direct Link To This Post Posted: 07 Jan 2010 at 5:40am
Then exactly what PMM said, highly unlikely - you wife isn't a PR so....no
You do know to even sponsor your wife once you're married that you, as PR have to be resident in Canada to sponsor her - with your PR in good standing (IE - not in question)

Originally posted by rahx rahx wrote:

Sorry I didn't make it clear.

We haven't got married yet. We had been apart for over 2 years since my last return and a lot of things had to be arranged first (it's a tradition thing...). With her illness last year, our wedding was once again postponed. Right now it looks more like end of this year (2010).
Used to be known here as "feb7" - there's no doubt to my gender this way
My previous profile
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rahx Quote  Post ReplyReply Direct Link To This Post Posted: 07 Jan 2010 at 8:43am
Thanks IslandGirl. I guess I'll just have to see how my girl goes then...

One correction though, you can apply to sponsor a family member while staying outside of Canada (see http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq12.asp), as long as you can show sufficient financial support to the sponsorship.

[edit]: grammar


Edited by rahx - 07 Jan 2010 at 8:44am
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jamaisomal View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 07 Jan 2010 at 9:19am
You can sponsor a family member while staying outside of Canada if you are a Canadian citizen. You can't do that if you are a permanent resident only.
Originally posted by rahx rahx wrote:


Thanks IslandGirl. I guess I'll just have to see how my girl goes then...One correction though, you can apply to sponsor a family member while staying outside of Canada (see http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq12.asp), as long as you can show sufficient financial support to the sponsorship.[edit]: grammar
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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edmotonresident View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote edmotonresident Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jan 2010 at 2:23am
A Canadian permanent resident has the same rights and responsibilities other than voting, the question is, why a PR can't sponsor a family member while residing temporary out of Canada?
"Canada, where good people live"
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jan 2010 at 7:41am
Voting isn't the only right that distinguishes PRs from citizens. Unlike PRs, those who hold citizenship do not have to reside in Canada 2 out of every 5 years to maintain status. Citizen are also able to obtain and travel on a Canadian passport. Perhaps others don't share my view - however I think there's actually a significant difference between the two (i.e. PR status and citizenship).
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