SPOUSE AND CHILD IN CANADA FOR PR OBLIGATIONS

[rayan123]

Hi All,

My Q is that myself, my spouse and child, we 3 entered canada on Sep-25, 2008 and left after 3 weeks and went back to our Qatar, from where we went from. Now, this coming Sept-25, 2011, we had planned to enter canada to complete our 730 days obligation to enable us to renew our PR card status.

I have a job here in Qatar and not in a situation to leave now for sometime. Is it possible, if I go and leave my wife and child in canada and settle them there and keep working here in Qatar.

I mean to say that, if my wife and child start staying in canada, atleast they will get their PR 730 days obligation completed. Later, will I be able to join them, or can they be able to hire advocate to bring me back to canada and live with them.

Please give your best and valuable advise asap.

Thanks.

[Leon]

It is cutting it very close to plan to leave it exactly 730 days just to meet the residency requirements.  And if your wife has a family emergency, somebody gets sick or even dies, would she not want to go there?  If you do this, tell your wife to not apply to renew the PR card until she already has the 730 days, that is let the old one expire and then apply.  According to the rules, CIC should actually renew the PR card if she still has a chance to meet the 730 day requirements before her first 5 years as a PR are up but they may send it to residency questionnaire because she is so close to not making it.  If they do, that will really delay her card.  If she applies with 730 days exactly, they may also send to RQ.

As for you joining them later, you can plead for your PR.  They may take into account that your wife and child are in Canada and let you keep it.  If they don't, your wife can sponsor you for PR again.

[rayan123]

Thanks Leon, as always it was quick.

So, I can assume that if my wife and child enters canada before Sept-25, 2011, she is legal to stay and complete her 730 days PR obligation and later when PR expires, she can renew it ? I believe entering canada before Sept-25, 2011, immigration wont ask any questions.

Understand that she will be unable to leave canada for next 730 days, even in case of emergency.

As, I will be staying out of canada, will I be able to enter canada after Sept-25, 2011 ?. If not, will I be able to go and meet my family in between.

Pls. advise.

Thanks.

[Leon]

Yes, she will be able to stay in Canada and renew her PR card when it expires.

You will probably be able to get into Canada with your PR card until it expires.  If they stop you at some point and complain that you don't meet the residency requirements, they may start proceedings to revoke your PR but you will be allowed to enter Canada and can appeal their decision if you want to.