daughter has pr card but studying india

[akbah]

Hi All

We took landing in aug 2010 and currently out of canada after initial 10 days stay in canada,meanwhile my elder daughter got admission in professional college in 2011 and her studies will be over by 2016 and by that time her PR card will expire.Can my daughter(was 17 when she got PR card) enter canada on a travel document after her PR card expiry, inspite of not meeting the Residency Obligation?
Secondly ,as I am not getting Job in canada as being in regulated profession(Really Tough as I heard),my wife planning to go to Canada in july 2013 and I will support her in that case can she sponsor me and my younger daughter(will stay with me in india,and she is 11 yrs age) later?. At what time she can sponsor after spending at least 2 yrs in canada?
Thanx

 

[Leon]

Your older daughter could try to apply for a travel document in 2016 and claim that she was removed from Canada as a minor by her parents and is returning first chance. I can not tell you what her chances are. They often allow minors who were removed from Canada by their parents to return. However, she was almost adult when she got her PR and she made the decision to go into a 5 year study program one year later so that may count against her.

Is there no way for her to complete a BA/BSc and then transfer to a Canadian college? If she plans to live in Canada, she would be better off with Canadian education.

Your wife can sponsor you and your younger daughter if you lose your PR as well as the older daughter if she is still a full time student, single and financially dependent on her parents at that point. However, she can not sponsor you for PR while you still have yours and you do not lose it automatically just by not meeting the residency requirements. You can lose your PR if you apply for a travel document while not meeting the residency requirements or if you enter Canada and get reported on entry and don't appeal or lose your appeal and you can lose it by renouncing it. Your wife can sponsor you as long as she is a PR, living in Canada and meets the residency requirements herself. She is considered to meet the residency requirements as long as she still has the time to spend 730 days in Canada before the 5 year anniversary of her landing.

What you could do is let your wife move to Canada in 2013. You and your younger daughter can go and visit her as you wish while your PR cards are still valid. Your wife should not leave because she needs the time put in to meet the residency obligation. In 2015 when your PR cards expire, you have to decide if you want to renounce your PR and have her sponsor you again or if you try to apply for a travel document. Keep in mind that if you get it, you would have to go to Canada and spend 2 years to secure your PR. Sponsoring you and the younger daughter again can take anywhere from months to years depending on what country you live in. Your wife must continue to stay in Canada during the sponsorship. In 2016, she can apply for citizenship. If your younger daughter at that time is still PR and is living in Canada, your wife can include her in the application. She should stay and see it through. It is taking longer now, 80% of cases are done by 21 months. If she gets citizenship and then comes back to join you, if you still have PR at that time or a new PR after being sponsored, living with a citizen spouse will protect your PR and the PR of your minor daughter.

 

[akbah]

Thankyou Leon,
We have one more problem ,our PR card not arrived as there was Photo issue as not meeting the specification,so in case of this we will need Travel document before going to canada.How long is TD valid for travel once issued as we will take it before 3 yrs outside canada.
Secondly now my wife and younger daughter planing to go but you mentioned I can go to canada as and when required as long as PR card is valid? Will they not ask that you donot meet Residency obligation ,hence not allowed??
Lastly If my PR card expires than how can I enter canada to meet my family? Sponsorship takes time ,i think?
Thanx a lot.

 

[Leon]

You need to apply for the TD a while before your wife has been outside Canada for 3 years. It could be valid for 6 months. However, she should not stay outside Canada for more than 1095 days (3 years) in her first 5 years as a PR. You need her to meet the residency obligation if you want her to be able to sponsor you.

As for yourself, you can visit while your PR card is valid but if at any point immigration starts giving you a hard time for not meeting the residency requirements, they could at some point report you for it which means they let you enter Canada but give you 30 days to appeal their decision. If you do not appeal or you lose your appeal, you lose your PR. If that happens, your wife can sponsor you, as long as she meets the residency obligation herself. If she had gotten a TD before she was outside Canada for 3 years but had ended up being outside for more than 3 years before travelling back, she would be in breach of the residency obligation and could not sponsor you until she would have 2 solid years in Canada herself.

Thankyou Leon,
We have one more problem ,our PR card not arrived as there was Photo issue as not meeting the specification,so in case of this we will need Travel document before going to canada.How long is TD valid for travel once issued as we will take it before 3 yrs outside canada.
Secondly now my wife and younger daughter planing to go but you mentioned I can go to canada as and when required as long as PR card is valid? Will they not ask that you donot meet Residency obligation ,hence not allowed??
Lastly If my PR card expires than how can I enter canada to meet my family? Sponsorship takes time ,i think?
Thanx a lot.