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Sponsorship My Wife In China

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Sponsorship My Wife In China

Postby Jokull » Wed Dec 07, 2016 7:40 am

Dear Mr. Morson,

I am a Canadian citizen working and living in China(I opened a company and have a two year working visa which can be renewed as long as my company is running). I am planning to marry a Chinese girl in China. my questions are:

1. After the marriage takes place, If I want to sponsor my wife immigrate to Canada, do I need to come back to Canada to

apply for the sponsorship or I can do it in China?

2. If my wife is granted permanent residence visa, do I have to come back to Canada with her and stay with her for 2 out of 5 years in order to keep her PR status? or only she has to stay in Canada for 2 of 5 years to keep her PR status.

3. If the answer is no for question 2, after she landed in Canada, can she come back to China with me, live and work in China and keep her PR status without any issues as long as she is with me?

Thank you very much for you time,

Franklin    

2.  
Jokull
 
Posts: 31
Joined: Mon Mar 17, 2014 12:50 pm

Sponsorship My Wife In China

Postby juanito » Sun Dec 11, 2016 6:01 pm

Dear Franklin,

As a Canadian citizen you can sponsor your spouse's application for permanent residence in Canada without having to first re-establish residence in Canada. But you will need to show proof of your intention to resettle in Canada. This can take the form of a job offer, home purchase, new lease on an apartment, etc. Canada's immigration officials may want to know what you plan to do with your business in China as proof of your intention to return to Canada.

To answer questions 2, you would normally be expected to return to Canada to settle here, although the immigration rules don't specify how long a time that must be. This would mean that your spouse too would be expected to remain in Canada with you, although again the time is not defined in the law.

A permanent resident who spends anytime outside Canada while accompanied by her Canadian Citizen spouse is not penalized for being outside the country. In other words, she could spend 10 or 20 years outside the country under current rules and still maintain her status as a permanent resident provided that time is spent with her Canadian spouse(days spent apart will be added up to see if she still meets the residency requirement -- which is 2 out of every 5 year period).

Here are a couple of links that you may find useful:

SPOUSAL APPLICATION PROCEDURES: OUTSIDE CANADAhttp://www.cic.gc.ca/english/information/applications/fc.asp

SPOUSAL APPLICATION - IMMIGRATION OFFICER'S MANUALhttp://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

To know a little more about the jurisprudence concerning spousal cases that were refused, visit the following two links:

IMMIGRATION AND REFUGEE BOARD(IRB) - DECISIONShttp://www.iijcan.org/en/ca/irb/index.html

In box one, type key words such as immigration, spouse, sponsor non-resident, etc.

FEDERAL COURT OF CANADA - DECISIONShttp://decisions.fct-cf.gc.ca/en/index.html

Use the search tool with key words such as immigration, spouse, sponsor non-resident, marriage to find decisions related to spousal applications.

This response is for information purposes only. About 25% of spousal applications out of China are refused. So you should be very careful in putting the application together to avoid needless obstacles or problems.

Please contact me directly if would like more detailed professional immigration advice.

I would be grateful if you would complete the AllExperts rating form if you found my response at all helpful, Thanks and best wishes,
juanito
 
Posts: 61
Joined: Fri Apr 01, 2011 4:40 pm

Sponsorship My Wife In China

Postby Washington » Mon Dec 12, 2016 9:33 pm

Dear Mr. Morson,

I am a Canadian citizen working and living in China(I opened a company and have a two year working visa which can be renewed as long as my company is running). I am planning to marry a Chinese girl in China. my questions are:

1. After the marriage takes place, If I want to sponsor my wife immigrate to Canada, do I need to come back to Canada to

apply for the sponsorship or I can do it in China?

2. If my wife is granted permanent residence visa, do I have to come back to Canada with her and stay with her for 2 out of 5 years in order to keep her PR status? or only she has to stay in Canada for 2 of 5 years to keep her PR status.

3. If the answer is no for question 2, after she landed in Canada, can she come back to China with me, live and work in China and keep her PR status without any issues as long as she is with me?

Thank you very much for you time,

Franklin    

2.  
Washington
 
Posts: 45
Joined: Sun Jan 05, 2014 7:35 pm


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