Losing PR Status, not completed 2 years

[buffalo-toronto]

Hello,

I had applied for PR for me my wife and 2 kids back in 2005. We all landed in 2006. I and my wife went back and still lived in India and frequented Canada from time to time. My 2 kids studied here, got citizenship and are now working. My wife was able to fulfill the 2 yrs required to extend the PR but I will lose out because of that. Is it possible for my wife to sponsor me now on basis of Spousal PR?

Is there any other way I can manage to file extension?

[buffalo-toronto]

This is the case of my Father-in law...BTW...FYI!

[Alabaman]

So your PR expires some time this year?

[Leon]

The wife can sponsor you but you have to lose your PR officially before that can happen.  Are you now in Canada?  Is your wife now in Canada?  To be able to sponsor you for PR, your wife must be residing in Canada.

If you yourself are in Canada but with an expired PR card, knowing it will not be renewed, you can actually save yourself the hassle of sponsorship by waiting to renew your PR card until you meet the residency requirements again.  They are only allowed to look at the 5 years immediately preceding your application.

If you are not in Canada but have not officially lost your PR yet, you need to talk to the embassy about clearing that up.  If your PR card is still valid, you could actually go to Canada on it and see above, wait to renew until you meet the requirements again.  If your PR card is expired, you could apply for a travel document to go back to Canada.  Most likely it will be refused because you don't meet the residency requirements and then you will have officially lost your PR and your wife can sponsor you.

[Nikeh]

Leon, even if his wife has not yet completed her 730 days but she is still living in canada ( just in case of ) , can she sponsor him after he lost his PR status ?

[Leon]

I do not know if they check if the sponsor meets the residency requirements.  If the wife has not yet completed 730 days but still could within her first 5 years as a PR, she still does meet the residency requirements though.

[buffalo-toronto]

Ok Thanks Leon.

I am in Canada right now but I cannot complete the requirements and have to go back to India for business purposes. My wife is in Canada and has completed her 730 days and will apply for her renewal.

So just to clarify, once I officially lose my PR, my wife CAN sponsor me for PR in the Family class as Spousal Sponsorship correct?

What are the chances of me getting a PR again knowing that I was not able to complete the PR obligation before?

[Leon]

As far as I know, they see it as a brand new application so as long as your wife qualifies to sponsor you, they do not refuse you PR based on you having had PR before.

[buffalo-toronto]

That is good news, hopefully it works out because otherwise my child would had to sponsor me and its taking about 6 yrs to get the PR that way.

Last Qs for you Leon would be....Our house in Canada and the car is in my wife;s name, she stays with me in India and is in canada for about 3-4 months in a year to fulfill the 730 days obligation.

She doesnt work there so does not file taxes. I know we have to submit Option C from CRA, but when she hasn't filed taxes in last 3-4 yrs, would that be seen as a red flag?

[Leon]

It is possible that she should be filing taxes in Canada if she owns a home.  This is a question you would have to ask CRA (Canada Revenue Agency).  If she doesn't have to, then tell them that she doesn't file because she doesn't have to and therefore has no tax records or that you are the breadwinner and she doesn't work if that is also true.  They do not refuse spousal sponsorship because of lack of income as long as it looks like the two of you could support yourselves in Canada.  She needs to be residing in Canada through while she applies for your sponsorship and during the time it gets processed.

[Rajdxb]

I have one more question on this topic.

I am the principal applicant and I intend to have my wife and two kids in Canada so that they complete the 730 days for PR to continue and I shall be returning back to India to continue my business. Can my wife sponsor me once I decide to come and stay with my family in Canada. Does it imply that once the PR Card is issued there is no relevance of the principal applicant  and all the major PR holders are treated at par.

Thanks for all the help.

Rajesh

[Leon]

Right, once you all have landed, there is no principal applicant any more.  They can keep their PR by staying at least 730 days in 5 years and if they manage to stay 1095 days in a 4 year period, they can even get citizenship.  If you lose your PR at some point, your wife could sponsor you again.

[Rajdxb]

Leon,

Thanks a lot for the prompt reply.

Regards,

Rajesh