My Wife's PR has expired

[cordepaus]

Hi,

I've been a Canadian Citizen for 25+ years.

My wife and I got married in Jan 2006 in Iran.
We've been happily married for 9 years.

She was awarded PR status and Landed in Canada in Dec of 2006, we were living together in Canada up to early 2008.

When my father was diagnosed with stage 3 cancer I decided to move back to Iran in early 2008 to care for him and my mother.
Naturally my wife came back to Iran with me, she had no other relatives in Canada, and as her Husband I was her sole relative and sponsor.

Since then her PR card has expired, and obviously she did not meet the requirement to renew her PR status.

With my father passing away about 1.5 years back I am considering to move back or at least to share my time between Canada and Iran.
I have a mother in Iran that requires care and I am her only son.

What is to become of my wife. Can she return to Canada? Can she apply for a new PR?

Your guidance on above subject is appreciated.

 

[zardoz]

Hi,

I've been a Canadian Citizen for 25+ years.

My wife and I got married in Jan 2006 in Iran.
We've been happily married for 9 years.

She was awarded PR status and Landed in Canada in Dec of 2006, we were living together in Canada up to early 2008.

When my father was diagnosed with stage 3 cancer I decided to move back to Iran in early 2008 to care for him and my mother.
Naturally my wife came back to Iran with me, she had no other relatives in Canada, and as her Husband I was her sole relative and sponsor.

Since then her PR card has expired, and obviously she did not meet the requirement to renew her PR status.

With my father passing away about 1.5 years back I am considering to move back or at least to share my time between Canada and Iran.
I have a mother in Iran that requires care and I am her only son.

What is to become of my wife. Can she return to Canada? Can she apply for a new PR?

Your guidance on above subject is appreciated.

As you are a Canadian citizen, your wife is protected against losing her PR status because she is accompanying you. Therefore there is no reason why she should be refused a PR Travel Document to return to Canada and, once there, renew her PR card.

 

[cordepaus]

Thanks for the quick reply.

I also thought this was a very simple issue.

Having said that when I contacted a lawyer to manage this for me he told me it could be a long complicated process.
Told me Canadian government is at time not so compassionate about such matters.

He has sent me a questionnaire for permanent resident card to fill out for my wife.
But based on everything I have read on this forum first she needs a travel document to travel to Canada and once there to ask for renewal of her PR.

This is why I am a bit confused.

Is it possible that once we go back to Canada they may refuse here a new PR?

Is it correct, incorrect, better, worse to apply for new PR now or once she is back in Canada with me?

Thank you again.

 

[zardoz]

Thanks for the quick reply.

I also thought this was a very simple issue.

Having said that when I contacted a lawyer to manage this for me he told me it could be a long complicated process.
Told me Canadian government is at time not so compassionate about such matters.

He has sent me a questionnaire for permanent resident card to fill out for my wife.
But based on everything I have read on this forum first she needs a travel document to travel to Canada and once there to ask for renewal of her PR.

This is why I am a bit confused.

Is it possible that once we go back to Canada they may refuse here a new PR?

Is it correct, incorrect, better, worse to apply for new PR now or once she is back in Canada with me?

Thank you again.

As she is not visa-exempt to Canada, she will ether require a PRTD to travel on a commercial carrier or she can cross the USA border via private transport, using just her COPR document. PR card renewal applications must be submitted from inside Canada but there is no absolute requirement for the applicant to be in Canada. You should be absolutely clear on one very important point, her card expires but her PR status does NOT.... They are not the same thing. A PR card is essentially only a travel document (or at least, that was it's primary purpose).

 

[cordepaus]

Zardoz...

This is making me very angry.

The lawyer I spoke to either miss understood my wife's case (I hope) or he's is trying to take me for a ride.
He's asked for a few thousand dollars in retainer to handle this case.
But seems to me there is no case, her PR status is still valid!!!

She's been living with here husband who is a Canadian citizen outside of Canada.

Based on what you are telling me I can easily travel to Ankara or Abu Dhabi and apply for my wife's PRTD.
Once we are in Canada she can easily get a new PR card (as you said here PR is not expired) only the card is expired.
Save myself a few thousand dollars in legal fees.
Am I right?

I am furious that a lawyer would make such a simple matter seems so difficult to manage.

 

[zardoz]

Zardoz...

This is making me very angry.

The lawyer I spoke to either miss understood my wife's case (I hope) or he's is trying to take me for a ride.
He's asked for a few thousand dollars in retainer to handle this case.
But seems to me there is no case, her PR status is still valid!!!

She's been living with here husband who is a Canadian citizen outside of Canada.

Based on what you are telling me I can easily travel to Ankara or Abu Dhabi and apply for my wife's PRTD.
Once we are in Canada she can easily get a new PR card (as you said here PR is not expired) only the card is expired.
Save myself a few thousand dollars in legal fees.
Am I right?

I am furious that a lawyer would make such a simple matter seems so difficult to manage.

Basically, that is correct. Please feel free to wait for other seniors here to contribute. Your only issue is making sure that you can demonstrate that your wife has in fact been accompanying you, as required by the Regulations... A good paper trail helps..
To save me typing it all out, read http://www.americanlaw.com/cdnmaintres.html

 

[cordepaus]

Just one more question...

In the application for travel document (I went and downloaded from the site) There are 4 questions in part 13.
Once questions is "have you ever lost your status as permanent resident?

Based on what you have told me the correct answer is "NO"?

 

[zardoz]

Just one more question...

In the application for travel document (I went and downloaded from the site) There are 4 questions in part 13.
Once questions is "have you ever lost your status as permanent resident?

Based on what you have told me the correct answer is "NO"?

Correct.

 

[cordepaus]

You have been very helpful.

As you suggested I will wait for another person to verify.
Then I give that lawyer a piece of my mind (in a politest manner possible).

On a related subject as I mentioned in my original post, I will need to travel back and forth to attend to my mother.
Having said that if it was at all possible to arrange for her to move to Canada with my wife and I all my problem would be resolved.

My Mother is over 60 years old.
As I mentioned my father has passed away and I am her only son.
Based on this is it possible for me to apply for her residency as well?

Would this be treated as a normal case of a son applying for his mother's residency with lead times associated with that?
Or would she be treated as my dependent (similar to child or wife) with lead times associated with that?

Thank again for the reply.

 

[zardoz]

You have been very helpful.

As you suggested I will wait for another person to verify.
Then I give that lawyer a piece of my mind (in a politest manner possible).

On a related subject as I mentioned in my original post, I will need to travel back and forth to attend to my mother.
Having said that if it was at all possible to arrange for her to move to Canada with my wife and I all my problem would be resolved.

My Mother is over 60 years old.
As I mentioned my father has passed away and I am her only son.
Based on this is it possible for me to apply for her residency as well?

Would this be treated as a normal case of a son applying for his mother's residency with lead times associated with that?
Or would she be treated as my dependent (similar to child or wife) with lead times associated with that?

Thank again for the reply.

Given the information that you have provided, there is no realistic possibility of an application to sponsor your mother for at least 3 years, probably 4, due to the minimum necessary income requirements. It's not known what the parents/grandparents immigration rules will be at that time. However based on the 5000 limited applications this year, it would prove to be a "challenge"....

 

[PMM]

Hi

Given the information that you have provided, there is no realistic possibility of an application to sponsor your mother for at least 3 years, probably 4, due to the minimum necessary income requirements. It's not known what the parents/grandparents immigration rules will be at that time. However based on the 5000 limited applications this year, it would prove to be a "challenge"....

1. Once the OP returns to Canada and can meet the LICO, he can apply for a "super visa" for his mother. He should read the information here: http://www.cic.gc.ca/english/information/applications/guides/5256ETOC.asp
2. This would allow his mother to reside in Canada for up to 2 years at a time as a visitor.

 

[Rob_TO]

Based on what you are telling me I can easily travel to Ankara or Abu Dhabi and apply for my wife's PRTD.
Once we are in Canada she can easily get a new PR card (as you said here PR is not expired) only the card is expired.
Save myself a few thousand dollars in legal fees.
Am I right?

I am furious that a lawyer would make such a simple matter seems so difficult to manage.

Yes it is really this easy. Simply apply for her PRTD (including evidence you are a Canadian citizen and have been living together all this time), and once that's approved and she returns to Canada then simply apply to renew her expired PR card. It's that easy. No need to pay a penny to any lawyer.

Your mom is a more difficult matter. As was mentioned, going through typical parents sponsorship program you are looking at least a 4+ year wait before you can even attempt to submit an application (since you need 3 years of Canadian tax returns showing you meet income requirements). Of course she can always come as a visitor under regular TRV or a supervisa.

Another option is to submit a PR app for your mom based on Humanitarian & Compassionate reasons. You might want to talk to this poster about their recent successful experience doing this: http://www.canadavisa.com/canada-immigration-discussion-board/hc-application-as-alternative-to-sponsorship-of-parents-t272011.0.html

 

[CanV]

Zardoz...

This is making me very angry.

The lawyer I spoke to either miss understood my wife's case (I hope) or he's is trying to take me for a ride.
He's asked for a few thousand dollars in retainer to handle this case.
But seems to me there is no case, her PR status is still valid!!!

She's been living with here husband who is a Canadian citizen outside of Canada.

Based on what you are telling me I can easily travel to Ankara or Abu Dhabi and apply for my wife's PRTD.
Once we are in Canada she can easily get a new PR card (as you said here PR is not expired) only the card is expired.
Save myself a few thousand dollars in legal fees.
Am I right?

I am furious that a lawyer would make such a simple matter seems so difficult to manage.

Of course the lawyer would make it sound complicated, how else would they make money?

Your case is beyond simple. You have absolutely nothing to worry about. She applies for PRTD, she gets it in 5 business days (most visa offices). Once in Canada she applies to renew PR card. In the renewal application, there is a section specifically for applicants applying with less than 730 days of physical residence in Canada but who can count time spent outside Canada with a Canadian spouse.

 

[cordepaus]

Dear All,

Thank you kindly for all your comments and advise.

Super visa seems like a very good option for my mother, and message regarding my wife is loud and clear now.


I promise this will be my last question, and it only came to mind because of the last comment.
Too afraid to ask a lawyer it may cost me another 10 grand.

In terms of applying for my wife's citizenship.
Would the time my wife has spend with me abroad be credited the same for applying for her citizenship as her PR?

We've been together for 8 years. But as mentioned before she was only physically present in Canada for the first 1.5 years.

Thank you again to everyone for your contribution.

 

[CanV]

Dear All,

Thank you kindly for all your comments and advise.

Super visa seems like a very good option for my mother, and message regarding my wife is loud and clear now.


I promise this will be my last question, and it only came to mind because of the last comment.
Too afraid to ask a lawyer it may cost me another 10 grand.

In terms of applying for my wife's citizenship.
Would the time my wife has spend with me abroad be credited the same for applying for her citizenship as her PR?

We've been together for 8 years. But as mentioned before she was only physically present in Canada for the first 1.5 years.

Thank you again to everyone for your contribution.

No she has to be physically in Canada for 3 years out of 4 years. This will change soon to 4 years out of 6 years. In other words if she returns this month and doesnt leave Canada at all she becomes eligible in March 2019.