Can my wife as a PR apply for PR status for me if I lose it?

[anandheeraman]

Good day to all,

I currently work in the Middle East and my wife and 3 kids were granted residency status.  Finding a job is a bit difficult now in Canada so I have decided to keep my job in Qatar for the time being. 

My wife and kids can stay in Canada for 5 months per year to satisfy PR requirements.  However, I would not be able to.  After three years therefore I will lose my PR status but the family will have it.

Questions;

1. Can my wife reapply for me to reinstate my PR
2. If not, will I be able to request a visa to visit after the end of year 3 or will I have to wait until my wife becomes a citizen for her to apply for me?
3.

[Leon]

1. Yes, she can
2. You can attempt to enter on your PR card until they stop you.  If they catch that you have not been living in Canada, they will let you enter for 30 days and tell you to prove that you meet the residency requirements and since you can't, you would lose your PR status then.  After that, you would be as any tourist but if you need a visit visa to visit your wife who is PR, they may refuse your visa because of the risk of you overstaying.  At that point, your wife could sponsor you for PR again.

Also, if your family can live in Canada for 3 years in a 4 year period, they would qualify to apply for citizenship.  It may be hard for your children to stay in Canada 5 months a year.  It means they would be part of the year in a Canadian school, part of the year in another school.  You should consider that they live the whole school year in Canada and stay with you in the summer and you can visit them during the winter or spring break.  That way, they are 9 months a year in Canada and qualify to apply for citizenship after 4 years.

[anandheeraman]

Thanks a lot Leon for the detailed response.  It's really much appreciated.

Staying 5 months in Canada is not a problem.  The children can go to school in Qatar and leave 2 weeks before the July/August holdidays and return two weeks later (3 months).  They can also leave 2 weeks prior to the month of December and return just about two weeks after Dec in Jan. 

It's the job I'm concerned about.  I am very comfortable working here for a while.  I am trying to work around having to relocate earlier and I'm also working around having to pay taxes just yet. 

 (1) So I was thinking to have the wife and children stay 5 months in Canada (I only have 2 months vacation so I would lose my residency at the end of Year 3.  When I lose it she can apply for me.  How long does it take?

 (2) Also since my wife and children would be able to have access to medical (since they stay 3 months in any one year), will I have to pay taxes even though I plan not to own any property but rent for those 5 months?1

 (3) Finally there is a section I think which says that if you're in the company of a Canadian Resident outside of Canada then that can count as time towards your stay in Canada.  Is it that my spouse must also be employed with a Canadian company for the days to be counted?


Please let me know what you think.

Kind Regards,
Anand.

[Leon]

1. If you are legally resident in Quatar, you can choose to have your application processed at the visa office responsible for Quatar and if your citizenship is from somewhere else, you also have the choice of getting it processed in your homeland.  The processing time depends on where you get it processed, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp  Just wait until you are sure you have lost your PR until you apply for a new one.

2. You do not have to pay taxes in Canada when you are not living in Canada.  Your wife can file taxes stating that she's not making any money, probably better if she did to establish her residency because with only 5 months a year, she is not legally resident in Canada either and doesn't technically qualify for health care.  Maybe because she's never gone for a full 6 months at a time, she would be ok.  It's another matter if the health care system will be watching their movements.  In most provinces, you get a health card after a 3 month waiting period.  In some you can get it right away if you move from overseas.  If you hang on to that health card, the health care may not know you have left the province or for how long.

3. If you want to keep your PR without staying in Canada for 2 out of 5 years you have 3 ways to do that.  You are working for a Canadian company that transferred you to another country OR you are accompanying your wife who is a PR and is working for a Canadian company that transferred her to another country OR you are accompanying your wife who is a Canadian citizen.  I don't think any of this applies to your situation.  If your wife spends 5 months a year in Canada, she will not lose her PR.

[anandheeraman]

I was on another forum.  Someone made a reference to the following website saying that the IRPA does NOT explicitly bind these rules together.  I'm not sure who the IRPA is but if you could please check this site and see how this is different from what you mentioned.  The option 2 that I was looking at is staying with a Canadian resident who is your spouse but she must also be working for a Canadian Company.  This website does not refer to the spouse having to work for a Canadian Company.

I will review as well but if you do have the time please take a look at it and see what you can make of it.  Thanks a lot.  http://www.cic.gc.ca/english/information/applications/guides/5529E2.asp

Regards,
Anand.

[Leon]

That is definitely a point.  According to that, your days spent with your wife, 7 months a year, would count towards your residency requirements.  Her having 5 months a year in Canada and you 7 means that you would actually have more time towards your residency than her.  I am not sure there is no small print in that though.  When you get to Canada, call CIC and ask to make sure.  If this is right, the kids will not have to travel with her either.

Edit: Actually the small print is in the application form, see http://www.cic.gc.ca/english/pdf/kits/forms/IMM5444E.pdf which is the application form to renew a PR card.  Under D. Residency obligation, it asks you to fill that out if you were outside Canada for more than 1095 days in the past 5 years.  It gives you 4 options, Option 1: Absence while accompanying a family member who is a Canadian citizen, Option 2: Absence while employed by a Canadian business or in the Canadian federal or provincial public service, Option 3: Absence while accompanying a family member who is a PR of Canada and who is employed by a Canadian business or in the Canadian federal or provincial public service, Option 4: Absence while in the possession of a valid Returning Resident Permit.

[anandheeraman]

Thanks Leon for the information, it was too good to be true anyways.

Take care,
Anand.