Can I get PR??????????

[sasha008]

I got married in 2011.My husband is Canadian and He sponsored me to come to Canada after 1 year I got my visa and caught my flight I met an Immigration officer At Pearson Airport he signed all the papers and I also signed papers in front of him he congratulated me of becoming permanent resident of Canada but suddenly when I was on my way he stopped me and took away all my papers and told me that my visa wasn't valid my husband had cancelled his sponsorship. Officer told me that I was not admissible to Canada and I was sent to detention centre.One of my Relative paid a bond and now I am out. Its a month has passed but case is still pending . My husband filed divorce against me he cheated me He didn't tell me about cancellation of sponsorship.I tried a lot to keep my marriage alive but nothing worked out.. He sold out his everything his house his car. He took away all my jewellery. Can you please guide me what should I do now? How can I get permanent Residency of Canada?Where should I go ?Can somebody help me please please

 

[Leon]

You need a lawyer. There is a thread about this issue here: http://www.canadavisa.com/canada-immigration-discussion-board/-t125624.0.html where it is discussed whether sponsorship can be cancelled after the issue of PR visa but before the spouse lands. In your case, you were already landed so you have an even better case. If you want your PR, you should appeal this but you need an immigration lawyer.

As for the theft of your jewelry, you can press charges against your husband in court.

 

[princeofindia]

Dear Leon Sir

You are a guru in Canadian immigration matter. I will be grateful if you can give me your view on the following issue.

I am going to get Canada PR under provincial Nominee program of Opportunities Ontario and my wife and child as dependants. After we land in canada and all of us get PR card, i believe we should stay for 730 days out of 5 years. Now suppose my PR card and my child's pr card expires in 5 years and we have not stayed 730 days but my wife manages to stay for say 800 days.

1) Can she get her PR crd renewed because she stayed more than 730 days in canada in last 5 years even though the primary applicant i.e me did not meet the 730 days criteria.
2)Can the child who will be 9 years old when his PR card expires be able to renew his PR card if he stayed for say only 430 days in last 5 years.
3)If my wife is able to renew her PR card, can she sponsor a new PR Card from scratch by sponsoring her husband i.e. me and her child even if she has no income in Canada and survives on the money remitted by me to her every month. So what i mean to say is even if mine and my child's pr card expires; it does not matter because she can file a fresh PR card sponsorship under family category for both of us. Is that possible even if she has no income?

regards
princeofindia

You need a lawyer. There is a thread about this issue here: http://www.canadavisa.com/canada-immigration-discussion-board/-t125624.0.html where it is discussed whether sponsorship can be cancelled after the issue of PR visa but before the spouse lands. In your case, you were already landed so you have an even better case. If you want your PR, you should appeal this but you need an immigration lawyer.

As for the theft of your jewelry, you can press charges against your husband in court.

 

[Msafiri]

........
1) Can she get her PR crd renewed because she stayed more than 730 days in canada in last 5 years even though the primary applicant i.e me did not meet the 730 days criteria.
2)Can the child who will be 9 years old when his PR card expires be able to renew his PR card if he stayed for say only 430 days in last 5 years.
3)If my wife is able to renew her PR card, can she sponsor a new PR Card from scratch by sponsoring her husband i.e. me and her child even if she has no income in Canada and survives on the money remitted by me to her every month. So what i mean to say is even if mine and my child's pr card expires; it does not matter because she can file a fresh PR card sponsorship under family category for both of us. Is that possible even if she has no income?......

1. Yes.

She must ensure she has conclusive proof of her physical presence in Canada. CIC deem the best evidence of physcial presence in Canada as employment in a job that requires your attendance...I call it the "bus driver test" i.e. does the job this person does require him or her to show up to work for x days per week in Canada. She must keep a record of all her exits and entries into Canada. This involves making sure she has a stamp in her passport at each entry into Canada..if one is not issued ask CBSA for one...she may get sent to Secondary Inspection.

2. He will have to demonstrate Humanitarian and Compassionate (H&C) reasons as to why PR Card should be renewed without meeting the Residence Obligation (RO). Minors usually get such issued via the "I had no say in being removed from Canada" position. Your situation may be viewed different though as one parent has met the RO...why doesn't the child stay with his mother? If the PR Card renewal is denied then you can appeal to the Immigration Board and if that fails to the Federal Court. Appeals are currently taking between 12-18 months to be listed.

3. Yes as long as she is not on welfare, on active bankruptcy or having serious criminal convictions. She willl have to both meet the RO and be resident in Canada throughout the sponsorship process. Depending on the visa post processing your application the process may take anywhere from 6-24 months. You would have to remain admissible for the process i.e. no medical or criminal issues.

I suggest you read the forum threads with subject such as PR card renewal denied, don't meet the RO obligation etc...you may wish to make a new plan that involves you trying to maintain your RO.

 

[Leon]

1) Can she get her PR crd renewed because she stayed more than 730 days in canada in last 5 years even though the primary applicant i.e me did not meet the 730 days criteria.

Yes, once you are landed, there is no primary applicant any more. The only exception is when you immigrate under a program like an entrepreneur program were requirements must be met. In that case, if the PA doesn't meet the requirements of the program, the whole family may lose their PR.

2)Can the child who will be 9 years old when his PR card expires be able to renew his PR card if he stayed for say only 430 days in last 5 years.

Doubtful because even if you appeal for it on H/C grounds you can not show that it is in the best interest of the child to keep their PR because if the child only stayed 430 days in 5 years, they obviously do not have strong ties to Canada. If you just got your PR and are still planning the future, do the child a favour and let it live with the mother in Canada and go to school in Canada. If you want to keep your PR and you want your child to have a good future in Canada, having a Canadian education will really help. Another option is to bring the child to Canada before the PR card expires and let it stay for a full 2 years before attempting to renew the PR card. It is not a problem to be in Canada with an expired PR card and if immigration doesn't catch a person on entry or have any business to look into their case during the two years, when they apply to renew, immigration will only look at their past 5 years as a PR of which they will have stayed 2 in Canada and approve them for renewal.

3)If my wife is able to renew her PR card, can she sponsor a new PR Card from scratch by sponsoring her husband i.e. me and her child even if she has no income in Canada and survives on the money remitted by me to her every month. So what i mean to say is even if mine and my child's pr card expires; it does not matter because she can file a fresh PR card sponsorship under family category for both of us. Is that possible even if she has no income?

There is no specific income requirement to sponsor a spouse and dependent child. However, immigration can refuse if they believe your family will end up on welfare. She should therefore write a statement saying that you are the breadwinner and will continue to support the family and show proof of your income. She also needs to file taxes in Canada, even if she files zero so she can show her tax records for the sponsorship because the tax records will show that she is not on welfare which immigration also wants to know. However, if the wife is alone in Canada with you and the child elsewhere, why isn't she working? Working is really the best proof of having met ones residency requirements. Even with 800 days in Canada, if immigration doesn't believe her and wants to see proof, it may be hard for her to prove.

 

[princeofindia]

Thank you for your guidance.
Appreciate it.

Regards

1. Yes.

She must ensure she has conclusive proof of her physical presence in Canada. CIC deem the best evidence of physcial presence in Canada as employment in a job that requires your attendance...I call it the "bus driver test" i.e. does the job this person does require him or her to show up to work for x days per week in Canada. She must keep a record of all her exits and entries into Canada. This involves making sure she has a stamp in her passport at each entry into Canada..if one is not issued ask CBSA for one...she may get sent to Secondary Inspection.

2. He will have to demonstrate Humanitarian and Compassionate (H&C) reasons as to why PR Card should be renewed without meeting the Residence Obligation (RO). Minors usually get such issued via the "I had no say in being removed from Canada" position. Your situation may be viewed different though as one parent has met the RO...why doesn't the child stay with his mother? If the PR Card renewal is denied then you can appeal to the Immigration Board and if that fails to the Federal Court. Appeals are currently taking between 12-18 months to be listed.

3. Yes as long as she is not on welfare, on active bankruptcy or having serious criminal convictions. She willl have to both meet the RO and be resident in Canada throughout the sponsorship process. Depending on the visa post processing your application the process may take anywhere from 6-24 months. You would have to remain admissible for the process i.e. no medical or criminal issues.

I suggest you read the forum threads with subject such as PR card renewal denied, don't meet the RO obligation etc...you may wish to make a new plan that involves you trying to maintain your RO.

 

[princeofindia]

Hi

Thanks for your reply. I have just one more question for you. I plan to keep my wife and child in canada for 730 days in 5 years i.e close to 4.8 months every year by utilising my child's school holidays. Once they meet 730 days criteria and file to renew pr card; can you tell me how long it takes to get the renewed pr card if done from inside canada and do they have to stay inside canada till they get renewed pr card.My situation is as follows:

1)I want canadian citizenship only for my son.
2)I dont want to leave my job in abu dhabi as i dont think i will get any job in canada.
2) i dont want to split the family.
3) I cannot send my child to canada permanently before class XI as he will lose one year as indian school give admission one year earlier than canadian schools.
4)My only option is to extend his pr card once because then during the next 5 year cycle he can go to canada with pr status as class XI student without losing an year.
5)The best option for me looks like to send my wife and child for 4.8 months during his school holidays to accumulate 730 days in 5 years.

 

[Leon]

Hi

Thanks for your reply. I have just one more question for you. I plan to keep my wife and child in canada for 730 days in 5 years i.e close to 4.8 months every year by utilising my child's school holidays. Once they meet 730 days criteria and file to renew pr card; can you tell me how long it takes to get the renewed pr card if done from inside canada and do they have to stay inside canada till they get renewed pr card.My situation is as follows:

1)I want canadian citizenship only for my son.
2)I dont want to leave my job in abu dhabi as i dont think i will get any job in canada.
2) i dont want to split the family.
3) I cannot send my child to canada permanently before class XI as he will lose one year as indian school give admission one year earlier than canadian schools.
4)My only option is to extend his pr card once because then during the next 5 year cycle he can go to canada with pr status as class XI student without losing an year.
5)The best option for me looks like to send my wife and child for 4.8 months during his school holidays to accumulate 730 days in 5 years.

It currently takes 88 days to renew a PR card, see http://www.cic.gc.ca/english/information/times/perm-card.asp However, if immigration suspects that somebody does not really have 730 days which is more likely to happen if they have only stayed in Canada during holidays and have little proof of having been in Canada such as having attended school, worked etc. the PR card renewal application can take much longer because immigration may investigate and ask them to prove their days in Canada. They should religiously keep all boarding cards and flight tickets and all documents about their staying in Canada.

However, apart from that, it will be hard to prove. A rental agreement does not prove that they lived in the apartment and they will not have health care if they only stay 4.8 months a year so there will be no doctors visits unless absolutely necessary, broken arm etc. You have to make sure they have emergency insurance if something happens. What I think of, that might be a good idea is for your wife to enroll your kid in courses, arts or sports every time they are in Canada and get a letter from the institution/teacher/coach every time that he was enrolled in such and such and attended x times a week for the period of date 1 through date 2. It will also give him a chance to make Canadian friends and socialize.

It would be better for them or at least for your wife to stay in Canada until they get the new PR card because in case immigration does not believe them and wants them to prove their stay, being outside Canada after their PR cards have expired, unable to prove their stays would mean they need a travel document to get back and they may not get one and it would be hard to keep your PR if you can not sufficiently prove your days to immigration and are outside Canada and can not get back.

I do not see that loosing a year of school will be a disaster for your child. When he is an adult, having graduated HS 1 year earlier or later will not matter much. However, I guess your plan for him is to let him complete HS in India and then go to college in Canada and then he can apply for citizenship after he has his 3 years? This plan would work if that is what he wants to do.

 

[Msafiri]

Hi

Thanks for your reply. I have just one more question for you. I plan to keep my wife and child in canada for 730 days in 5 years i.e close to 4.8 months every year by utilising my child's school holidays. Once they meet 730 days criteria and file to renew pr card; can you tell me how long it takes to get the renewed pr card if done from inside canada and do they have to stay inside canada till they get renewed pr card.My situation is as follows:

1)I want canadian citizenship only for my son.
2)I dont want to leave my job in abu dhabi as i dont think i will get any job in canada.
2) i dont want to split the family.
3) I cannot send my child to canada permanently before class XI as he will lose one year as indian school give admission one year earlier than canadian schools.
4)My only option is to extend his pr card once because then during the next 5 year cycle he can go to canada with pr status as class XI student without losing an year.
5)The best option for me looks like to send my wife and child for 4.8 months during his school holidays to accumulate 730 days in 5 years.

1. He would be included as a minor in you/ your spouses citizenship application. For a citizenship application to be considered routine you must have 1095 days of physical presence in Canada in the 4 years prior to the application date. Your plan already presents a challenge to maintain PR so I don't see how you will ever get the 1095 days needed for citizenship. In addition your profile fits that where CIC issues a Residence Questionnaire adding another 12-18 months to the processing time.

2. Have you tried to get a job in Canada or you just have a better deal in AD? What stream of the Ontario Opportunities scheme did you get PR?

3. I don't quite get this - isn't this what you are doing in your plan where it seems your child will be in India, the mother in Canada and you in AD?

4. Is there an advantage to the earlier admission? As per Leon having a canadian education will be better for your child.

PR card renewals are taking about 90 days plus mailing time but who knows how long it will take when your spouse applies. Again based on her profile they likely will issue her a Residence Questionnaire to ensure she did really live in Canada for the claimed duration which adds to the processing timelines. You must be in Canada in the day you apply for PR Card renewal. You don't have to wait in Canada for the PR Card during renewal but I would suggest she waits for an acknowledgement that its in process before leaving Canada. If you are a PR outside Canada without a valid PR Card and need to return to Canada then you can apply for a Travel Document at the visa post. Again you need to provide proof of 730 days of physical presence in the 5 year period prior to TD application date.

 

[princeofindia]

Dear Leon Sir

Thank you very much for your response to my questions. I appreciate your logical and factbased answers and also that you are generous in giving them free specially in this era of immigration consultants dime a dozen here in Abu Dhabi who would not let me in their office without a cheque.

1. Actually my wife and son will not stay in a rental apartment but will stay in a hotel apartment in Canada for 4.8 months (march, jun, jul, aug) and (dec) by going 3 times a year. So they will have hotel bill in my wife's name.
2. How can a PR holder not get medical from canadian government. PR card holders get free medical care in canada. So why are you saying to buy insurance?
3.In worst possible case, in your knowledge of past cases how many months do you think it has taken to renew a pr card where immigration has doubt and asks somebody to prove. Will it take more than 6 months?
4.We all stay in Abu Dhabi where my child attends an Indian school. My plan was to keep his PR active and send him for Class XI to canada as they dont ask for age criteria for class XI in canada.So he would not then lose a year.
5.A few more questions for you: Can a minor with expired PR when he turns 18; return to canada with a travel document on the ground that he had no role to play in expiration of his PR card.
6. If i send my wife and child permanently to canada in the 5th year are they likely to be stopped by immigration if they enter via USA as they have US visas.Does a school create problem to give admission to a child with expired PR or a PR card holder who enters canada in the 5th year.

Thank you very much for your advise.

regards
princeofindia

It currently takes 88 days to renew a PR card, see http://www.cic.gc.ca/english/information/times/perm-card.asp However, if immigration suspects that somebody does not really have 730 days which is more likely to happen if they have only stayed in Canada during holidays and have little proof of having been in Canada such as having attended school, worked etc. the PR card renewal application can take much longer because immigration may investigate and ask them to prove their days in Canada. They should religiously keep all boarding cards and flight tickets and all documents about their staying in Canada.

However, apart from that, it will be hard to prove. A rental agreement does not prove that they lived in the apartment and they will not have health care if they only stay 4.8 months a year so there will be no doctors visits unless absolutely necessary, broken arm etc. You have to make sure they have emergency insurance if something happens. What I think of, that might be a good idea is for your wife to enroll your kid in courses, arts or sports every time they are in Canada and get a letter from the institution/teacher/coach every time that he was enrolled in such and such and attended x times a week for the period of date 1 through date 2. It will also give him a chance to make Canadian friends and socialize.

It would be better for them or at least for your wife to stay in Canada until they get the new PR card because in case immigration does not believe them and wants them to prove their stay, being outside Canada after their PR cards have expired, unable to prove their stays would mean they need a travel document to get back and they may not get one and it would be hard to keep your PR if you can not sufficiently prove your days to immigration and are outside Canada and can not get back.

I do not see that loosing a year of school will be a disaster for your child. When he is an adult, having graduated HS 1 year earlier or later will not matter much. However, I guess your plan for him is to let him complete HS in India and then go to college in Canada and then he can apply for citizenship after he has his 3 years? This plan would work if that is what he wants to do.

 

[princeofindia]

Thank you Msafiri for your answer to my question. You guys are doing a wonderful job by advising others so that they can bond families and dreams.

To give a brief background about my opportunities ontario nomination. I actually filed for FSW category from New delhi in 2005(age 29) and that was the time when i badly wanted to go to canada. My twin sister was in canada and got PR but then she surrendered it recently when she got US green card.For 6 years they did not take any decision and then recently 6 months back told me to apply for Opportunites ontario provincial nominee program under FSW category failing which they would refund my money and close my case. Fortunately i got selected under opportunites ontario last month and sent my papers. Now i see that it takes 2 years to process provincial nominee visa from abu dhabi canada embassy (and that is good for me because my child grows up).

I am now 35 years with 4 year old child. I am now in abu dhabi for last 5 years in a govt job with tax free salary and leaving this and going to canada would not make economic sense. I am a CPA, CFA (Financial Analyst category in Opportunities Ontario) but i dont think i stand much chance in canada without canada education or experience. That is what i have heard. We all stay in abu dhabi where my child attends an indian school here in abu dhabi.I am very happy in my job and like the life in abu dhabi.

My only objective is to get Canada PR/citizenship for son but i dont want to split the family. (Seems like i want to have the cake and want to eat it too!!!).
So i thought of the option

1. Extend PR by making wife and child stay for 4.8 months a year and then sending my child permanently in class xi wih valid pr in the next 5 year cycle.
2. Or send my child and wife permanently in year 4 or year 5 int he first 5 year cycle. By then the child is 11 or 12 years old assuming 2 more years to get landing papers, 1 year from then to land and then going in 5 th year.(4 yearold now+2+1+4).

i thank you for your advise.

I wanted to know from you how you are doing in canada? WHat would you have done in my place?

regards
princefindia

1. He would be included as a minor in you/ your spouses citizenship application. For a citizenship application to be considered routine you must have 1095 days of physical presence in Canada in the 4 years prior to the application date. Your plan already presents a challenge to maintain PR so I don't see how you will ever get the 1095 days needed for citizenship. In addition your profile fits that where CIC issues a Residence Questionnaire adding another 12-18 months to the processing time.

2. Have you tried to get a job in Canada or you just have a better deal in AD? What stream of the Ontario Opportunities scheme did you get PR?

3. I don't quite get this - isn't this what you are doing in your plan where it seems your child will be in India, the mother in Canada and you in AD?

4. Is there an advantage to the earlier admission? As per Leon having a canadian education will be better for your child.

PR card renewals are taking about 90 days plus mailing time but who knows how long it will take when your spouse applies. Again based on her profile they likely will issue her a Residence Questionnaire to ensure she did really live in Canada for the claimed duration which adds to the processing timelines. You must be in Canada in the day you apply for PR Card renewal. You don't have to wait in Canada for the PR Card during renewal but I would suggest she waits for an acknowledgement that its in process before leaving Canada. If you are a PR outside Canada without a valid PR Card and need to return to Canada then you can apply for a Travel Document at the visa post. Again you need to provide proof of 730 days of physical presence in the 5 year period prior to TD application date.

 

[Leon]

1. Actually my wife and son will not stay in a rental apartment but will stay in a hotel apartment in Canada for 4.8 months (march, jun, jul, aug) and (dec) by going 3 times a year. So they will have hotel bill in my wife's name.

With a hotel bill, I suppose it is good enough proof that they were staying in Canada. Very few people would pay for a hotel if they weren't staying there.

2. How can a PR holder not get medical from canadian government. PR card holders get free medical care in canada. So why are you saying to buy insurance?

Health care in Canada is provincial and each province has their own rules but all provinces have the rule that you are not eligible for their health care unless you live in the province for at least 183 days a year. Of course it is possible for someone to apply for health care, get it and continue using it without staying in Canada 183 days a year in the hopes that they will not get caught. However, if they are caught, the healthcare can make them pay back for all the expenses they have paid for them and this can be expensive because healthcare will make you pay back what they paid for you and not what you would have paid yourself and hospitals and doctors may have different price lists where they actually charge health care more than they charge paying customers. Therefore, it would be smart to have travel insurance to take care of costly emergencies but for routine visits because of minor things, they can pay cash.

3.In worst possible case, in your knowledge of past cases how many months do you think it has taken to renew a pr card where immigration has doubt and asks somebody to prove. Will it take more than 6 months?

Yes, it can take a couple of years sometimes and in the end, immigration may refuse to renew the card based on not believing that the person stayed 730 or more days.

4.We all stay in Abu Dhabi where my child attends an Indian school. My plan was to keep his PR active and send him for Class XI to canada as they dont ask for age criteria for class XI in canada.So he would not then lose a year.

Have you talked to a school in Canada to ask if he can be enrolled in a grade now that will cause him to not lose a year?

5.A few more questions for you: Can a minor with expired PR when he turns 18; return to canada with a travel document on the ground that he had no role to play in expiration of his PR card.

A person who doesn't meet the residency requirements but still hasn't officially lost their PR has a pretty good chance of getting a travel document to return to Canada if they argue that they were removed from Canada by their parents and are returning to Canada first chance after reaching the age of majority.

6. If i send my wife and child permanently to canada in the 5th year are they likely to be stopped by immigration if they enter via USA as they have US visas.Does a school create problem to give admission to a child with expired PR or a PR card holder who enters canada in the 5th year.

You mean if they have not stayed in Canada at all and try to enter permanently in their last year of PR card? It is possible that immigration reports them on entry for not meeting the requirements. It is also possible that they walk through without a problem. If they get reported, they can try to appeal for their PR but without having had a good reason for not being in Canada, your wife will probably lose her PR. Your son might be allowed to keep his because he is a minor. However, he can not stay in Canada by himself as a minor and if she loses her PR, she has to leave. If they are not reported, they can stay for 2 years straight and then apply to renew their PR cards as they will meet the requirements again. A person with an expired PR card is still a PR if they are in Canada so a school can not refuse them admission.

 

[princeofindia]

Sir - one unusual question for you but my mind has been working overtime since being nominated for PR. Even if this sounds a stupid question kindly give your frank assessment if legally this is possible.

Sir

I have one interesting question for you. My research says by Canadian law this is possible. Can you please confirm.

My PR application is being processed along with my wife and one child. It takes 2 years to process from Abu dhabi. Assume in 1 year from now I have a second child.
1. If I update them the birth of my second child will they process PR for my second child along with ours so that we can all land together in 2 years from now.
2. Suppose number 1 is accomplished and my wife and second child stay back for 3 years in the first 5 year cycle. During this time my first child and myself stay back in Abu dhabi.
3. Having accomplished 1095 days in Canada my wife files for citizenship application for herself and my second child since both stayed for 1095 days in Canada.
4. Canadian law states for child under 18 to apply for citizenship:

-the person applying is the child’s parent, adoptive parent or legal guardian
-the child is a permanent resident, but does not need to have resided in Canada for three years; and
one parent is already a Canadian citizen or is applying to become a citizen at the same time.

So EVEN IF MY FIRST CHILD STAYS WITH ME IN ABU DHABI HE IS ELIGIBLE FOR CITIZENSHIP WHEN MY WIFE FILES FOR HERSELF AND MY SECOND CHILD.

5. I know this separates me from second child and my wife from first child but this ensures one child stays with one of the parents and the emotional turmoil is at least less. Then the mother and second child come back to Abu dhabi in 3 years with citizenship.

6. Finally both children both Canadian citizens go back to Canada for graduation without losing a school year which they would if they had studied in Canada.

Sir this might seem like a movie script but do you see this being legally possible.

Regards
Princeofindia
quote author=Leon link=topic=128063.msg1974224#msg1974224 date=1356724879]

[/quote]

 

[Leon]

The minor child must still be a PR when they get citizenship and they must be in Canada when the application goes in. If you intend to keep the child with you in Abu Dhabi all the time and only visit Canada on vacations, it is possible that the child is unable to meet the PR residency requirements for the first 5 years before reaching the point of being granted citizenship. If immigration knows about this, they will not grant citizenship to the child.

However, if your wife gets citizenship and after that returns to you and child in Abu Dhabi, as long as you have not officially lost your PR before then, her presence will protect your PR because when you are accompanying a Canadian citizen spouse or parent in another country, those days will count towards your residency requirements.

 

[Msafiri]

princeofindia,

According to your plan on what dates (Month/Year) will:

1. Your spouse apply for PR Card renewal?
2. Apply for Citizenship?