Expired PR status but with valid spousal visa

[Balakuz]

Hi,
I'm in a bit of a predicament, any help or info on this would be great!
I just moved to Montreal on a 2 year work permit. My Wife is suppose to join me in 3weeks time. She JUST found out that when she was younger her parents registered their family for PR but she herself have never stayed in Canada before. Her status on CIC is PR but probably expired. She doesn't have a PR card, no address in Canada, no Canadian passport.
If she flys into Quebec Montreal before 15th March (before eta is needed) under these circumstances will there be any issue? She has a spousal package to show at the border which should get her a spousal visa

I've read that u need to renounce the PR or apply for a new PR card. But she can't apply for a new card because she's never stayed in Canada, and renouncing the PR may tAke a few months of processing..

Pls help

Thanks

 

[scylla]

First of all, without officially renouncing her PR status she should NOT be able to get a spousal visa at the border since the system will show she is still a PR. If she wants to go the spousal visa route, she needs to start the process of officially renouncing her PR status asap.

If she doesn't renounced, it's quite possible she may be able to enter Canada without any issues. If she does, she will need to remain in Canada for two years (i.e. 730 days out of five years) to meet the PR residency requirement before she can apply for a new PR card.

 

[Balakuz]

Hi Scylla, thanks so much for the reply!
Just a few more things I need to clarify,
Will she be able to renounce her PR at the border and then get the spousal visa which will then allow her in?

If she decides not to renounce her PR she will still be able to enter Canada without a PR card, passport? And subsequently when she is here is can get a new PR card etc?

Thanks, do sincerely appreciate the help!

 

[scylla]

I'm not sure if renouncing at the border is possible. I honestly don't know.

If she does not renounce then one of two things will happen:

1) She will be allowed into Canada without being reported for failing to meet the residency requirement. If this happens, she will need to live in Canada for two years to meet the residency obligation BEFORE she will be able to apply to renew her PR card. Assuming she doesn't already have a SIN, during these two years she may find it difficult to obtain a SIN and be able to work, obtain health care coverage, etc.

2) She will be allowed in but reported for failing to meet the residency requirement. If this happens she will have to appear at a hearing to argue why she should be allowed to keep her PR status even though she doesn't meet the residency requirement for maintaining PR. It's likely this hearing will not turn out in her favour. If that happens, her PR status will be officially revoked and she will be asked to leave Canada.

 

[Balakuz]

Hey Scylla,

If she does get allowed in to Canada with the PR by one of the two ways you mentioned, can she then renounce her PR here but present a spousal Visa that will allow her to stay with me?

The thing is we may or may not be staying here for the next 2 years so I'm not sure if it's possible for her to keep her PR here

Thanks!