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Canadian citizen returning to Canada with PR holder spouse after 3 years.

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  • Canadian citizen returning to Canada with PR holder spouse after 3 years.

    Hi,

    I am really overwhelmed by ton of information here and am looking to your guidance.

    I am a Canadian citizen and have been living in India for the past 3 years. My wife got her PR and we both went to Canada in April 2007 and stayed there for around 3 months. We have since then not returned to Canada and are planning to go to Canada sometime in July 2010/August 2010. I have my own company in India working in the video game industry.
    • Will I or my wife face any issues as we have not been in Canada for more than 3 years? Her PR Card expires in April 2012. I have read online that if a PR holder accompanies a spouse who is Canadian, the time spent with the spouse is considered in the total days of PR in Canada. Is this correct or are there some specific rules for this to hold true?
    • We have a kid who is 2.5 years who was born in India and he has a Canadian citizenship certificate. I am looking to apply for his passport from India but am confused regarding the guarantor section? Do I have to get a guarantor from Canada or will any guarantor from India do?

    Thanks again for your time.

    ~Abhinav

  • #2
    First: You do not have any problem returning as a PR can live outside with a Canadian Citizen indeifintely. This as per IRPA Section A28.

    Second, on your childs passport application, your wife signs as APPLICANT and YOU sign as guarantor, with your Canadian Passport number. Please rad instructions, I beleive that to be true.
    Mr. S MALI AOS mariage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated by ij 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 andenied 10/08 ombundman complaint 10/08 751 waiver approved 12/08 filed mandamus to get n-400 apprvd 1/09 case dismissed 6/09 r3rd n-400 6/2009 n-400 aprv and oath ltr rd 9/2009 file wife aos 10/09 ead, ap 11/09 wife intrw 1/12 aos aprvd 1/25/10

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    • #3
      Help needed!

      Abhinav,

      I just read your post. I am in the same position as you are and am wondering what you had to face with your wife's PR? Did she have a problem in coming back to Canada? Any help would be appreciated!

      Thnx.

      Parag.

      Comment


      • #4
        PRs who accompany a Canadian spouse outside Canada are covered by IRPA A28(2)(a)(ii). My wife has Canadian PR status for the last 4 years and has spent just 60 days physically in Canada. Her PR status is intact.

        Originally posted by PM3346 View Post
        I am in the same position as you are and am wondering what you had to face with your wife's PR? Did she have a problem in coming back to Canada? Any help would be appreciated!
        Regards,
        S K Ghori
        skg@vex.net
        http://www.vex.net/~skg/

        **NOTE**
        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

        **DISCLAIMER**
        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

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