is he still PR or not ?

[lynn_ca]

hi

me and my husband became PR in 2008. we stayed here 2 months, got our PR cards and SIN and went back home. i came to canada by myself in 2011 and still holding on.

my husband got PR card and SIN in 2008 but has been present in canada only 3 months. now his PR card is expired.

questions:

1.is he still PR or not?
2.can he enter canada as a PR with the card expired?
3.can he enter canada as a tourist (he doesnt need any visa) or not since he has once become PR?
4.can i sponsor him given his uncertain status?
5.can i still sponsor him since i filed my taxes as separated?
6.should i wait to become citizen and then sponsor him?
7.how long takes the sponsorship process?

we had some issues, were separated but now would like to be together again. is our story credible?

thank you.

 

[Leon]

1. As his PR status was never officially revoked, he is still a PR.

2. and 3. As a PR, he should not enter as a tourist. He should however not show the airline his expired card or they may not let him board. He can fly as a tourist with his visa exempt passport but once in Canada, tell them he is a PR. Upon entry, the immigration officer may let him enter in which case, he should stay in Canada for 2 years straight, then meeting the RO again, he can renew his PR card. He may however face challenges living in Canada without a valid PR card such as with getting a drivers license, getting health care, in some cases even getting a job. If the immigration officer reports him for not meeting the RO as he enters, he could appeal but without a H&C reason for not meeting it, he will lose. Therefore, I think it would be better in his case that he would accept the loss of his PR if he gets reported.

4. You can not sponsor him as long as he is still officially a PR. You can only sponsor him if he loses his status.

5. If you were truly separated but got back together, you have no problem because you have not lied to anybody or committed fraud in any way.

6. It doesn't matter if you are a PR or citizen.

7. It depends on his home country or whether you sponsor him inland or outland. For inland, he must stay in Canada throughout the sponsorship process which can take a year for him to get an open work permit which means he will be sitting at home for a year and you will be supporting him. This could be a difficult period for you both. Applying outland is in many cases faster and does not mean that he can't visit you during the processing time but he would also be free to go home and work for a bit.

 

[lynn_ca]

Thank you so much Leon.

I have another question though it may sound a bit crazy:

He is a seaman and comes often to different ports in Canada. Do you think is a good idea when he gets off in one of these ports he stays here and don't go back on the ship. And then after 2 straight years in Canada apply for new PR card.

I would like your opinion on this.
Always appreciate your answers.

 

[Leon]

Thank you so much Leon.

I have another question though it may sound a bit crazy:

He is a seaman and comes often to different ports in Canada. Do you think is a good idea when he gets off in one of these ports he stays here and don't go back on the ship. And then after 2 straight years in Canada apply for new PR card.

I would like your opinion on this.
Always appreciate your answers.

He could do that. However, as I said, there could be some challenges involved staying in Canada without a valid PR card for two years.

 

[PMM]

Hi

He could do that. However, as I said, there could be some challenges involved staying in Canada without a valid PR card for two years.

Although he is probably sailing on a seaman's book, and the company would then report him to CBSA as a ship jumper. This would really put the "cat amongst the pigeons" as CBSA would then issue a warrant for his arrest.

 

[Msafiri]

Hi


Although he is probably sailing on a seaman's book, and the company would then report him to CBSA as a ship jumper. This would really put the "cat amongst the pigeons" as CBSA would then issue a warrant for his arrest.

Does this not only apply to foreign nationals as 'breach' of the temporary landing for the vessel and crew? Why would CBSA be arresting a PR with the right of entry into Canada? Post confirmation of his PR status why would CBSA carry out an RO review? If you were in RO compliance many a lawyer would bite your hand to sue the Feds eh!