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Tuckers73

Newbie
Jan 2, 2017
5
0
We sponsored my mum under family class and she resided here for 5 years. She then met her partner, a UK citizen, and tried to continue to meet the RO... she failed but was allowed to renew her card after H&C appeal... they are now married and she knows going into the future she will find it hard to meet the RO over the next 10+ years. He does not want to permanently live in Canada. She obviously wants to live in the same country as her husband! They visit here approx 4 months each year. She fully intends to become a PR full time when she is a widow (her husband is 12 years older than her so it is likely this way round). She is 68. He is 80. She will continue to visit 2-3 times a year for many weeks/months at a time but for now her permanent abode will be the UK.

My question is now that circumstances and intentions that changed with regard to residency should she let the pr card expire and not renew until she has done 730 days in 10-15 years time...understanding that she will likely get questions every time to comes to stay in Canada prior to that.
OR
Should she voluntarily give up her PR status and we re-sponsor her under family class when she is in a position to fulfill the RO?
 
I would personally keep the PR status until she's forced to give it up. You have no idea what her health will be like in 10-15 years. If it's not good, this could very well be a barrier to re-sponsoring her.
 
Tuckers73 said:
should she let the pr card expire and not renew until she has done 730 days in 10-15 years time

The residency obligation is to spend 730 days (2 years) in Canada within every 5 YEARS, not 10-15. Basically that means she needs to spend 40% of her time physically in Canada, so she would need to spend an average of just under 5 months a year here going forward to meet minimum RO requirements.

As soon as she has spent 1095 days (3 years) abroad in a 5 year span, she is in violation of the RO and risks having her PR status revoked the next time she tried to come to Canada. After PR card has expired (assuming she's not a US passport holder) she would need a PR Travel Document to return to Canada, which will trigger a Residency obligation investigation.

I doubt they would grant another H&C decision in her case to keep PR status.

If/when her PR status is lost, recall that the new parents PR program is now lottery based and who know how rules will change, so no guarantee you would ever be able to sponsor her again.