Can I really do this?

T

tyronen

New Member
I am a Canadian citizen working in the US on an H1-B. My wife is a Sri Lankan citizen on an H4. We have applied for a US green card but it could be several years before we get it. For a while we've been a bit concerned that if anything were to happen to me, my wife would have to return to Sri Lanka, not advisable given that war has just resumed there.

From what I understand, I can initiate a sponsorship application while residing in the US, but in order for it to actually take effect we must both reside in Canada. Then I discovered this on the CIC site:

You can also count Canadian residency days if you are outside Canada for an extended period of time and...you are accompanying your Canadian-citizen spouse
Click to expand...

What this seems to mean is that I could sponsor my wife to Canada, and she could, indeed, hold Canadian PR while living in the US, as long as she is with me. So if anything did happen to me, she could go to Canada and eventually obtain citizenship there.

Is this correct? Or must we make a move to Canada and then return to the US, not live in the US the whole time? Would CIC deny her PR application if they believed we were planning to do this?
 
My canadian citizen friend recently sponsored his wife and she received her PR. HOwever once you are a PR, the rule to maintain PR remains the same. You have to be in Canada for atleast 2 years in the 5 year period.

In case I am wrong, others please respond. Please read carefully the consulate site for more details that I might have missed.
 
You would have been right in most cases. However if your spouse is a Canadian citizen then the 2 in 5 yr rule doesnt apply to you. You can keep your PR as long as your husband is with you (ie husband cant be in some other place and you in some other place - both have to share same permanant address).

By the way this only keeps PR alive, this time doesnt apply towards citizenship appl.
 
Thats the same thing I also heard. But my friends wife got the PR and it is said specifically to stay in Canada (with/without spouse) for the period mentioned.

May be some new rule?
 
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