I got my card in July'04. We had a baby this year in May'06. Now I want to move to Canada to maintain my PR card. The question I have is the 2 out of 5 year requirement, is it just for me or does it also apply for my wife as well ? For my kid i will apply as soon as I go back to Canada. I will enter canada in October. My wife wants to enter canada only after another 1 year. In another 1 year she would have already spent 3+ years outside Canada, so does that mean she did not maintain her PR card ? or since I was the primary applicant only my stay counts ?
- Home
- Forums
- Other Countries - Visiting, Living in, Moving to o
- Canada - Visiting, Living in, Moving to or Moving
- Permanent Residence in Canada
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Maintain Status for Wife ?
- Thread starter njdude26
- Start date
I got my card in July'04. We had a baby this year in May'06. Now I want to move to Canada to maintain my PR card. The question I have is the 2 out of 5 year requirement, is it just for me or does it also apply for my wife as well ? For my kid i will apply as soon as I go back to Canada. I will enter canada in October. My wife wants to enter canada only after another 1 year. In another 1 year she would have already spent 3+ years outside Canada, so does that mean she did not maintain her PR card ? or since I was the primary applicant only my stay counts
2 out of 5 year requirement for PR status applies to everyone holding the PR card. Therefore, the same rule will apply to you as well as your wife, on the individual basis.
2 out of 5 year requirement for PR status applies to everyone holding the PR card. Therefore, the same rule will apply to you as well as your wife, on the individual basis.
texancanadian
Registered Users (C)
What biogboy00 says is true in theory. However in practice if you maintain your residency she should be fine. When she tries to eventually enter Canada even if they catch her, they will let her enter the country and you can apply for her again as your spouse. Only thing is she may not be able to work in that time.
Important thing is at least 1 of you keep your status valid or you both will loose it. Also what status will she be foir the 1 yr in US ? F1 ?
Important thing is at least 1 of you keep your status valid or you both will loose it. Also what status will she be foir the 1 yr in US ? F1 ?
However in practice if you maintain your residency she should be fine. When she tries to eventually enter Canada even if they catch her, they will let her enter the country and you can apply for her again as your spouse. Only thing is she may not be able to work in that time.
TexanCdn,
It is not like what you say. They will let her enter only to face the immigration hearing - i.e. whether she has her status or not. Most probably - she would lose it. If she does, she will have to leave the country soon.
It is not that simple like what you have said - "she may not work and you will have to apply for her again". It is like this : She will have to leave the country if she loses her status (upon her immigration hearing). Then yes, he will have to re-apply for her, but I guess, everybody knows how painful the whole process is.
TexanCdn,
It is not like what you say. They will let her enter only to face the immigration hearing - i.e. whether she has her status or not. Most probably - she would lose it. If she does, she will have to leave the country soon.
It is not that simple like what you have said - "she may not work and you will have to apply for her again". It is like this : She will have to leave the country if she loses her status (upon her immigration hearing). Then yes, he will have to re-apply for her, but I guess, everybody knows how painful the whole process is.
texancanadian
Registered Users (C)
All im saying is she has a good chance of staying. If he files for her again while she is in Canada most of the time they will aprove it very fast.
Best option is of course they both should go. However even if one of them goes its much better than neither going.
If wife is staying for good reason (completing studies etc) it makes sense.If for no reason than it doesnt make sense.
Worst case wife can go back to home country and wait till her residency comes through again. Should come through in 1 year. As can be seen in the link below even for a Place like India where tons of ppl apply for spouses etc, wait time for an interview from application date is only 6 months.
http://www.dfait-maeci.gc.ca/asia/new-delhi/site/servstan-en.asp#perm
Best option is of course they both should go. However even if one of them goes its much better than neither going.
If wife is staying for good reason (completing studies etc) it makes sense.If for no reason than it doesnt make sense.
Worst case wife can go back to home country and wait till her residency comes through again. Should come through in 1 year. As can be seen in the link below even for a Place like India where tons of ppl apply for spouses etc, wait time for an interview from application date is only 6 months.
http://www.dfait-maeci.gc.ca/asia/new-delhi/site/servstan-en.asp#perm
Last edited by a moderator: