Spouse and child immigration

[Mobassir]

Hi

I want to ask about my family immigration. I landed alone in Canada in 2010 November. I stayed in Canada for 45 days and then left. My PRC will expire on 14/12/2016. I am planning to go back to Canada in January or February 2014. So, is it possible for me to apply for my family immigration soon after I go there or will it create problems for their immigration as I stayed outside of Canada for last 3 years. My family is in Pakistan. I also want to know how long will their immigration process will take?

I need your advice and suggestions

thanks

 

[canuck_in_uk]

Hi

You don't meet the Residency Obligation. If you manage to enter without being reported, you will need to stay in Canada for a full two years without leaving in order to once again meet the RO. At that point, you can sponsor your family. No one can predict what the processing times will be in a few years.

If you apply to sponsor them before you meet the RO, you will most likely end you losing your PR status.

 

[Mobassir]

So it means I cant even enter canada even though 2 yrs still remain in the expiry of my prc??

 

[canuck_in_uk]

So it means I cant even enter canada even though 2 yrs still remain in the expiry of my prc??

It doesn't matter when your PR card expires. You have been out of Canada for over 3 years, so you don't meet the RO.

You can enter but may be reported for not meeting the RO. Without serious H&C considerations, you would lose your PR status and have to leave Canada. If you enter without being reported, you will have to stay for 2 years to meet the RO again.

 

[Mobassir]

What is residency obligation

 

[canuck_in_uk]

What is residency obligation

Seriously?

PRs are required to reside in Canada for a minimum amount of time to retain their PR status, currently 2 out of 5 rolling years. This means that you must always be able to look back 5 years and have spent at least 2 of those years in Canada.

 

[Mobassir]

I know that for renewal of prc one need to stay 2 out of 5 yrs. But to enter in canada this is also mandatory?

 

[Mobassir]

How much are the chances of getting reported
Sorry for bugging you
M asking all this because I will resign from my job and will then enter canada. And if canada will not let me enter then I will be nowhere

 

[scylla]

How much are the chances of getting reported
Sorry for bugging you
M asking all this because I will resign from my job and will then enter canada. And if canada will not let me enter then I will be nowhere

Unfortunately no one can give you the chances that you will be reported for failing to meet the residency obligation. You'll just have to enter Canada and hope for the best.

Note that you will not be able to sponsor your family as soon as you enter Canada because you don't meet the residency obligation. You will have to remain in Canada for 2 years straight to meet the residency obligation, and only then will you be able to sponsor your family for PR. Since you are a PR (and not a citizen), you will have to continue living in Canada while their application is being processed. A few short trips (e.g. 2-3 weeks) outside of Canada are OK. But if you leave for longer, then you risk having their PR application refused. Processing times for Islamabad are quite long (well over a year). So it's quite possible you are going to have to be separated from your family for several years if you want to save your PR status and then sponsor them for PR as well.

 

[Mobassir]

Thank you so much for your detailed and prompt reply