Giving up PR; Re-enetering via Family Sponsorship?

[wahwah]

Hello, My wife, son and I landed as PRs in Canada in 4Q2008. We got our PR and SIN cards too. Each year, 2008 through to present we spent a couple of weeks in Canada. Due to family and other cannot-be-deferred commitments we will only relocate permanently to Canada in 4Q2011 to fullfill our remaining 2 years out of 5 years PR requirement. Our first 5 year PR cycle ends in 4Q2013.

If my wife do not join us by 4Q2011 and hence her PR will lapse because she will fail to fullfill the minimum 2 year PR requirement, may I ask whether I can still sponsor her under the spouse/family program several years later. Or she would not qualify because she was once a PR and did not fulfill it? If she qualifies for spouse/family PR sponsorship, does anyone knows currently how long this track normally takes to be successfully granted PR again? Thank You!

[Leon]

If your wife would make it to Canada before her PR card expires, all she has to do to get her PR re-instated is to let it expire, wait until she has 730 days in the previous 5 years and then apply to renew.  They can only look at the last 5 years, not any 5 year period.

If she doesn't make it before then, her PR card will expire, she can apply for a PR travel document at the embassy stating that she wants to join her family and had good reasons why she didn't meet the residency requirements.  If they give her a travel document, again, go to Canada, wait and apply to renew PR card later.

If she can't get a travel document, she will lose her PR and then you can sponsor her again.  It will take the same amount of time as anybody else trying to sponsor a spouse from your home country.  Depending on where that is, it could take between a few months and a year.

[wahwah]

Hi Leon, Thks for your comments. Much appreciated.

I find your first para interesting and to let me rephrase your "principle", if I understood it correctly:

My wife landed as PR in 4Q08 and her PR card expires five years later in 4Q13. Lets assume she landed and left the next day for illustration purposes. My original understanding: In order for her to maintain her PR beyond 4Q2013, she has to stay in Canada from 4Q2011 to 4Q2013 ie 2 out of the 5 years period (ie the last 730 days, since she never stayed there in the first 3 years) which will qualify her to renew her PR for another 5 years to 4Q2018.

However, your 1st para infers that even if she returns to Canada on the eve of her PR card expiry in 4Q2013 and she continues to stay on for the next **730days days she will be able to renew her PR card in 4Q2015? In other words she would not lose her PR status even if she failed to stay 730 days (2 years) during the 5 year period of 4Q2008-4Q2013. Can this specific **730 days period of residing in Canada be cumulative or uninterrupted ie cannot leave Canada for 2 years in this context.

Many Thanks!

[Leon]

However, your 1st para infers that even if she returns to Canada on the eve of her PR card expiry in 4Q2013 and she continues to stay on for the next **730days days she will be able to renew her PR card in 4Q2015?

That is if she gets in without having any problems on entry.  When she enters Canada, if they suspect that she doesn't meet the residency requirements, they may start proceedings to revoke her PR.  She would be able to appeal it but if she really doesn't meet the residency requirements, then she needs to have a good reason for why she couldn't, like taking care of a dying parent or some such.  Saying that she stayed outside Canada because she had a really good job would not cut it.

In other words she would not lose her PR status even if she failed to stay 730 days (2 years) during the 5 year period of 4Q2008-4Q2013. Can this specific **730 days period of residing in Canada be cumulative or uninterrupted ie cannot leave Canada for 2 years in this context.

She would lose it if they caught her on entry but if she gets in without any questions being asked, she would be able to do this.  Even if her PR card is still valid when she arrives, leaving Canada again would pose a risk because immigration might catch her when she comes back.  After the PR card expires, she would not be able to travel.

You can find this here:

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application.