Sponsor's PR status problem, Help~~~

[sasalaha]

Hello everyone,
I'm happy to find this Forum.There are many kindly people here.I really need your help!

My husband is a PR of Canada. We married in March 2008.He return to Canada in May 2008.Then submit our sponsor Application immediately and still live in Canada until now.After a lengthy waiting,now our application status is "Awaiting information from external source. " He received a letter from immigrantion Canada which in order to review his residency obligation as a PR of Canada.

Actually, his PR card will expires in May 2009. he have not meet the permanent resident obligation by physically present in Canada for 730 days within the past five years. And haven't meet other exceptions yet. We can only explain some personal reasons and hope the officer will take acount of our circumstances by humanitarian and compassionate considerations.Now, he is working for a Canada company.He can provide all supporting documents they requested.

I want to know that...

1. What will happend next? The one who has not meet the resident obligation,must be lost his PR status? Does our case will be rejected when the sponsor's PR status has not been granted?

2. What can we do?
As you know,We have been living far apart from each other more than 8 months. I feel so helpless.We missing each other so much! We want to reunite in Canada as soon as possible.

I will be highly appreciated if you have some advise for us.

Thanks a lot!

sasalaha

[PMM]

Hello everyone,
I'm happy to find this Forum.There are many kindly people here.I really need your help!

My husband is a PR of Canada. We married in March 2008.He return to Canada in May 2008.Then submit our sponsor Application immediately and still live in Canada until now.After a lengthy waiting,now our application status is "Awaiting information from external source. " He received a letter from immigrantion Canada which in order to review his residency obligation as a PR of Canada.

Actually, his PR card will expires in May 2009. he have not meet the permanent resident obligation by physically present in Canada for 730 days within the past five years. And haven't meet other exceptions yet. We can only explain some personal reasons and hope the officer will take acount of our circumstances by humanitarian and compassionate considerations.Now, he is working for a Canada company.He can provide all supporting documents they requested.

I want to know that...

1. What will happend next? The one who has not meet the resident obligation,must be lost his PR status? Does our case will be rejected when the sponsor's PR status has not been granted?

The sponsorship will be held in abeyance until your sponsor's immigration status is decided. If he is reported it could end up being removed from Canada.

2. What can we do?

If CBSA/CIC reports him, he probably should consult a lawyer

As you know,We have been living far apart from each other more than 8 months. I feel so helpless.We missing each other so much! We want to reunite in Canada as soon as possible.

It will be quite a bit longer before any decision is made on the sponsorship/application

I will be highly appreciated if you have some advise for us.

Thanks a lot!

sasalaha

PMM

[sasalaha]

Thanks your kindly reply. you know, it's not good news.

But I want to know, how to definite "reported".  It means that CIC will not give us any chance even he was willing to meet the permanent resident obligation in the future five years period.

sasalaha

[PMM]

Hi

Thanks your kindly reply. you know, it's not good news.

But I want to know, how to definite "reported".  It means that CIC will not give us any chance even he was willing to meet the permanent resident obligation in the future five years period.

sasalaha

Nope, the law states 2 years residence in each 5 year period.

PMM

[sasalaha]

Thanks your quickly reply. I am very appreciate!

I know your mean. but from my understanding, I copy something from CIC web site:

"You must meet the residency obligation to obtain a Permanent Resident Card. The following table represents the minimum requirements.
If you have been a permanent resident for you must
five years or more have been physically present in Canada for a minimum of 730 days within the past 5 years.
less than five years show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
 
Seem like we .... you know I mean...
whether only my husband sponsor, the result is CIC know this issue... we lose this opptunity...

Thanks again!

sasalaha

[RobsLuv]

Sasalaha - If you could provide us with some specific dates, it might help us answer your question.  When was your husband originally granted permanent status?  When did he leave Canada?  I think what you need to understand is that he has to reside in Canada for 730 days (2 years) of every 5 year period after he receives his permanent residence in order to maintain it.  So, if his PR card expires in May 2009, that means 730 days between May 2004 and May 2009.  Since you didn't say when he originally left Canada - only that you married in March 2008 and he came back to Canada in May 2008, and he's been in Canada ever since - it's hard to know how much time he had "on the books" before he left.  We know that he's at least been in Canada for approximately 270 days, and will probably make it to 365 days - but if he wasn't in Canada for at least one year before he left, he will not have maintained his permanent residency - which means he wouldn't be eligible to sponsor you.  In addition, if he's cut it that close and let's say he was in Canada for just a year before he left - he's going to have to fulfill the rest of the 730 days BEFORE they're going to continue processing your PR application.