sehwan said:
Hello, I landed on December 12, 2011 and I have lived in my country almost 3years since January 21st 2014. I have lived in Canada for 721days which is 10days short to meet residency obligation in last five years.
My first trip to oversee after leading was on January 08, 2013 for 39days.
To meet RO, the qualification of applying renewal PR card will be on January 18, 2018.
My question is that I have to wait until January 18, 2018?
Is there no problem to stay and work for company in Canada even if I have expired PR card?
I got married in June this year. I have a plan to immigrate to Canada with my wife.
If I have to wait until 2018, it is really complecated to us.
Is it possible that my wife come to Canada in order to get a job or wait until January 2018?
Is it okay to live with me in canada if she does not get a job?
If you have any idea to help me, please give me your expert advice.
Thanks
Cutting-it-close can be risky. Falling short by even a little is a lot more risky.
But if you are currently in Canada, living in Canada, and will
stay in Canada, you can probably keep your PR status, eventually obtain a new PR card, eventually sponsor your spouse.
Beyond that, based on the information in your post, I cannot fully calculate what your situation is. It appears precarious. It appears you do
not have much leeway, that unless you are in Canada (or able to soon be in Canada) to
stay, there is a significant risk you could lose your PR status.
This is not a good situation to be in for a newly wed with a spouse who is not able to come to Canada to stay unless and until a sponsored PR application is made and granted. You may have to suffer some separation, some long separation, if you want to keep Canadian PR status and bring your spouse to Canada to live.
Some particulars:
It is difficult to offer particular responses to your queries because there are so many important details, details which are not revealed, or which are unclear in your post, which can have a big impact.
Most significant detail: it is unclear whether you are currently in Canada or not? If not, it appears you are very much at risk of losing PR status. If you are not in Canada currently, the only practical chance for keeping PR status would be to come to Canada as soon as possible,
planning to stay in Canada until you are fully in compliance with the PR Residency Obligation. But you may not be able to bring your wife with you.
If you are in Canada, your chances of keeping PR status are very good
if you stay in Canada. Again, that requires you to
stay in Canada until you are fully in compliance with the PR Residency Obligation, make no applications to IRCC in the meantime, and take
NO trips outside Canada in the meantime.
Which brings up another important factor: does your spouse have a visa-exempt passport or would your wife need a visa to come to Canada? The odds are good your wife could come to Canada in the meantime
if your wife has a visa-exempt passport. While your wife would not be able to work in Canada, at least your wife could spend time in Canada with you, reducing the extent of separation while you wait until you are in a position to sponsor your wife's PR.
If your wife does not have a visa-exempt passport, it is possible but more difficult (and it can be very difficult) for your wife to obtain a visitor's visa to Canada. If your wife is not able to come to Canada and if you have to stay in Canada and wait two years before you can even apply to sponsor, and then wait for the sponsored PR application to go through, that will mean a very long separation.
Responses to particular questions:
"[Do I] have to wait until January 18, 2018 [to apply for PR card]?"
You need to wait until you have been in Canada 730+ days within the five year period of time immediately preceding the day you apply. Remember: days in Canada more than five years ago fall out of the calculation and do not count.
Is it possible that my wife come to Canada in order to get a job or wait until January 2018?
You should not attempt to sponsor her until, again, you have been in Canada 730+ days within the five year period of time immediately preceding the day you make the sponsorship application.
Whether your wife can come to Canada in the meantime depends on whether she has a visa-exempt passport or not.
In any event, your wife would not be able to work in Canada unless and until she is granted PR status.
There is, possibly, an alternative path to obtaining status allowing your wife to work pending a sponsorship application, if she is able to visit Canada, and once in Canada there is an in-Canada application for sponsorship. But that really is not a practical option in the current situation since, again, there should be no sponsorship application made unless and until you have been in Canada 730+ days within the five year period of time immediately preceding the day any such application is made.
Is it okay to live with me in canada if she does not get a job?
Again, if your wife is visa-exempt, she should be able to come to Canada for at least a long visit, and that visit can probably be extended. She will not be able to work during that time. Whether or not she will be allowed to extend her stay for the full period of time you need to wait before making a sponsorship application is uncertain.
If your wife does not have a visa-exempt passport, odds are against her being able to come to Canada in the meantime. Yes, this would mean your situation is not just complicated, but rather difficult.
Reminder: I am NO expert. I am not qualified to give personal advice.
Your situation appears to be not just complicated but difficult. You may need to assess whether it would be possible to let your PR status go and make a new application for PR . . . if you are qualified for the current Express Entry program.
H&C option:
Since there are many other details which could have a big impact on how things go for you, if you are currently in Canada and working in Canada, and if as of today (December 27, 2016) you have been in Canada more than 700 days since December 27, 2011, it may be worth your while to obtain a consultation with a reputable, licensed immigration
lawyer (not a consultant) to go over your case and discuss particular plans. For example, if you are now firmly established in Canada, it might be OK to make a new PR card application specifically making a H&C case with reasons why you should be able to keep your PR status despite being short of complying with the PR Residency Obligation. A lawyer's help in doing this would be important. Expensive too. But IRCC can be lenient, even generous, toward those PRs who clearly are actively pursuing a plan to settle permanently in Canada but who have encountered some difficulties in meeting the PR RO during their first five years after becoming a PR. What your chances are, in this regard, I cannot even guess. A good lawyer should be honest with you about what your chances are and how to go about this.
Sorry I cannot offer better news.
