Spouse didn't maintained PR residency obligations

[amar_scorpio]

Hi Everyone,

Hoping if someone can help me.

Me, wife and kid got PR together via express entry. My wife couldn't maintain PR residency obligation of 730 days, however I was able to complete 1095 days of physical presence and apply for citizenship.

We are planning to return to Canada after 3-4 years. What are the options available for my wife to return back. She haven't renounced the PR yet.

Many thanks for assisting here.

Thanks
Amar

 

[Ponga]

Hi Everyone,

Hoping if someone can help me.

Me, wife and kid got PR together via express entry. My wife couldn't maintain PR residency obligation of 730 days, however I was able to complete 1095 days of physical presence and apply for citizenship.

We are planning to return to Canada after 3-4 years. What are the options available for my wife to return back. She haven't renounced the PR yet.

Many thanks for assisting here.

Thanks
Amar

How long has she been a PR?

Is her PR card still valid? If it is not, she will need to apply for a PRTD in order to return to Canada via a commercial carrier...and would likely be denied, since IRCC could determine that he has not met her Residency Obligation. Alternatively, if she can travel to the U.S., she could fly there and cross a land PoE to return to Canada.

Your wife still has PR status and cannot be denied entry into Canada, BUT...she may be questioned (extensively) if the CBSA officer determines, or suspects, that she has not meet the R.O. and could be reported. If she is reported, she could remain in Canada pending a hearing to possibly lose her PR status. If she is not reported, she would need to remain in Canada for 730 days (+ a couple of weeks, buffer) to then apply for a renewed PR card. If approved, she would then be in compliance.

Renouncing her PR is certainly an option, but it depends, in part, on why she was unable to meet the R.O.

 

[amar_scorpio]

How long has she been a PR?

Is her PR card still valid? If it is not, she will need to apply for a PRTD in order to return to Canada via a commercial carrier...and would likely be denied, since IRCC could determine that he has not met her Residency Obligation. Alternatively, if she can travel to the U.S., she could fly there and cross a land PoE to return to Canada.

Your wife still has PR status and cannot be denied entry into Canada, BUT...she may be questioned (extensively) if the CBSA officer determines, or suspects, that she has not meet the R.O. and could be reported. If she is reported, she could remain in Canada pending a hearing to possibly lose her PR status. If she is not reported, she would need to remain in Canada for 730 days (+ a couple of weeks, buffer) to then apply for a renewed PR card. If approved, she would then be in compliance.

Renouncing her PR is certainly an option, but it depends, in part, on why she was unable to meet the R.O.

Thanks for your reply. We want to come back after 4 yrs and by that time her PR card would be expired. Can I re-sponsor her again as a family sponsor since I am a citizen? Are there chances of refusal there?

 

[scylla]

Thanks for your reply. We want to come back after 4 yrs and by that time her PR card would be expired. Can I re-sponsor her again as a family sponsor since I am a citizen? Are there chances of refusal there?

You can definitely sponsor her again. There shouldn't be any chance of refusal unless for some reason IRCC doubts that you actually plan to return to Canada.

 

[amar_scorpio]

If I stay with year outside canada for 2yrs can we apply her PR card renew, me being citizen so would her days with me be counted towards PR residency obligation

 

[canuck78]

If I stay with year outside canada for 2yrs can we apply her PR card renew, me being citizen so would her days with me be counted towards PR residency obligation

How long did your spouse spend in Canada after getting PR?

 

[Ponga]

If I stay with year outside canada for 2yrs can we apply her PR card renew, me being citizen so would her days with me be counted towards PR residency obligation

I don't believe so, since you are not a Canadian citizen...yet. Or are you now a citizen (your first post just said that you applied for citizenship).

In any event, you were not a Canadian citizen when she became a PR, so I honestly do not know if your citizenship would even apply, for her to `accompany' you abroad. There's also that `who followed who' debate regarding this type of situation.

 

[amar_scorpio]

How long did your spouse spend in Canada after getting PR?

About 14onths in 5 years period

 

[amar_scorpio]

I don't believe so, since you are not a Canadian citizen...yet. Or are you now a citizen (your first post just said that you applied for citizenship).

In any event, you were not a Canadian citizen when she became a PR, so I honestly do not know if your citizenship would even apply, for her to `accompany' you abroad. There's also that `who followed who' debate regarding this type of situation.

I would be staying with her after I get my Citizenship.

 

[canuck78]

If I stay with year outside canada for 2yrs can we apply her PR card renew, me being citizen so would her days with me be counted towards PR residency obligation

If you plan on returning to Canada in 3-4 years by the time you actually get your citizenship it will likely be close to the period you plan on returning. You can try to count the time spent together abroad. The who accompanied whom argument may come up and lead to having to fight whether you can have the 2 years abroad count. Given current rulings it will likely eventually count but it is likely cheaper and probably faster to reapply for sponsorship.

 

[amar_scorpio]

Thanks for this helpful information, appreciate everyone's help here