Permanent residence expired

[leeli2008]

Hi Everyone, I have completed my three years out of Canada this week. I have a new baby born after six month of immigration. I submitted a request TRV application for his visa but was refused. My husband then went to Canada and sponsored him that was approved. However, it took almost 6 months for my child since his case is in process for his permanent residence. I thought that it will be done but the embassy said that it may take some time more. I also told in the letter to the embassy that my PR status that will be expired in two months but nothing happend.

My question is that now if my son PR case is processed and he gets visa. But I have lost my my PR residence obligation of being away for more then 3 years in 5 years. Do I need to reapply it by my husband will sponosring it or it has been finished now. What are the other options are available. My husband told me that there are people who came even after over stay of 3 years but they were not asked by the immigration authorities at the airport. However, I have seen on various immigration forums that it different when I read various posting.

Thank you.

Leeli

[yppgina]

If you have been living with your Canadian Citizen Husband during your time away from Canada it would count towards your residency requirement..... if he sponsored you for your PR that is.... hoping this is the case?

[leeli2008]

Thank you for your response. Unfortunately this is not the case as my husband is also a permanent resident. For me it was not possible to live my child behind and visit my husband as for both of us the priority is our children and their future. The same was communicated to the embassy too. 

[Leon]

If you don't get asked in the airport how long you were gone, I am sure you have to fill it out on your customs card.  Maybe you will get through but when you apply later to have your PR card renewed and you fill out how many days you were gone from Canada, you will have a problem.

This is from the immigration Canada website though:


If you are unable to meet the residency obligation, we will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status.

see http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

Now, I don't know if they ever really use this clause or if they will tell you that you could have come back and left the baby with relatives or you could have come back and sent your husband to take care of the baby but it's worth a shot.  Otherwise, maybe your husband will have to sponsor you again.