Getting PR again after first PR is expired based on same spouse sponsorship

[Dk26]

Hi,
one of my friend got PR based on his spouse 3 years back and he started working in USA on h1b work permit.
he did not go back to Canada after having first PR within last 3 years and now his pr is expired 3 months back.
now he wants to go back to Canada and settle down there because he is saying that it is hard to get job in USA nowadays being on H1b work permit and Getting Green card is time consuming process.
will he be eligible to get PR again based on his spouse? his spouse is Canadian citizen.
If no, then why ? if yes then how can he get?
Thanks,

 

[ramkris]

If he got 3 years back how was it expired?. Second thing PR status never expires.He can enter canada by a private vehicle showing his copr . or if he is staying with canadian spouse then he might have fulfilled pr obligations.

 

[Dk26]

He got pr based on spouse which usually issued by cic for 2 years then you have to renew it. he lives with his spouse in USA since last 3 years and his spouse is Canadian Citizen.

 

[canuck_in_uk]

He got pr based on spouse which usually issued by cic for 2 years then you have to renew it. he lives with his spouse in USA since last 3 years and his spouse is Canadian Citizen.

Wow, someone is completely misunderstanding what PR status is.

There is no "2 year PR status" that a person must renew. PR status is permanent unless formally revoked by IRCC or renounced by the PR holder. Condition 51, which requires a couple live together for 2 years after approval, has nothing to do with PR expiry.

As your friend resides outside of Canada with his Canadian citizen spouse, he meets the Residency Obligation. His PR status is perfectly fine.

 

[ramkris]

He got pr based on spouse which usually issued by cic for 2 years then you have to renew it. he lives with his spouse in USA since last 3 years and his spouse is Canadian Citizen.

You may also count days outside of Canada as days that you meet the residency obligation in these situations:

Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Proof needed

You must provide supporting documents to prove that:

The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.
Supporting documents may include:

Mandatory:
all passports or other travel documents that the person you are accompanying used in the five (5) years before the application;
documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen;
proof of the residential addresses of the person you are accompanying for the five (5) years before the application;
marriage licence or proof of common-law partnership (if you are accompanying a spouse or common-law partner);
child’s birth certificate, baptismal document, or adoption or legal guardianship document (if you are accompanying a parent);
You may also include:
Canadian Income Tax Notice of Assessment (NOA) for the past two (2) years
school or employment records;
association or club memberships;
any other documents you want us to consider.

 

[thecoolguysam]

Hi,
one of my friend got PR based on his spouse 3 years back and he started working in USA on h1b work permit.
he did not go back to Canada after having first PR within last 3 years and now his pr is expired 3 months back.
now he wants to go back to Canada and settle down there because he is saying that it is hard to get job in USA nowadays being on H1b work permit and Getting Green card is time consuming process.
will he be eligible to get PR again based on his spouse? his spouse is Canadian citizen.
If no, then why ? if yes then how can he get?
Thanks,

Were both living together in USA during that period of time? Usually PR card is valid for 5 years from the date of issue and the person has to stay in Canada 2 out of 5 years in order to maintain his pr status.

 

[ramkris]

Validity of a PR card[edit]

Permanent Resident Card (2002-2009)

Permanent Resident Card (Current)
The PR Card is normally issued for 5 years. In some circumstances it may be issued for 1 year only.

Possession of a valid PR Card does not ensure that one's permanent resident status will remain valid until the expiry date. In some circumstances - notably where breaches of residence obligations are involved - permanent resident status can be lost before this date.

Similarly, a PR Card's expiration date does not indicate that the holder's status as a permanent resident has expired, or will expire, on that date. It is the date after which the card must be replaced with a new card, if the holder is still a legal permanent resident at that time.

PR Card application lodged outside Canada[edit]
It is not possible to apply for the PR Card outside Canada. Instead, those permanent residents wishing to prove their status may apply for a single use Travel Document which allows a journey to Canada as a permanent resident. The application may be submitted to any CIC office outside Canada and the fee is $50 CAD.[4]

 

[canuck_in_uk]

Were both living together in USA during that period of time? Usually PR card is valid for 5 years from the date of issue and the person has to stay in Canada 2 out of 5 years in order to maintain his pr status.

He got pr based on spouse which usually issued by cic for 2 years then you have to renew it. he lives with his spouse in USA since last 3 years and his spouse is Canadian Citizen.

As OP already stated, his friend resides in the US with his Canadian citizen spouse, so he meets the Residency Obligation without residing in Canada.

 

[Dk26]

canuck_in_uk
i m confused here after having various replies.
would you mind to explain again whether he wil be eligible to renew PR or not ?
if yes then How is it possible ? what law does allow applicant to renew Pr after staying out side of canada with Citizen spouse?

Thanks

 

[steaky]

canuck_in_uk
i m confused here after having various replies.
would you mind to explain again whether he wil be eligible to renew PR or not ?
if yes then How is it possible ? what law does allow applicant to renew Pr after staying out side of canada with Citizen spouse?

Thanks

Yes, he will be eligible to renew his PR card. See the second reply from "ramkris".

http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp#5529E2

 

[canuck_in_uk]

would you mind to explain again whether he wil be eligible to renew PR or not ?
if yes then How is it possible ? what law does allow applicant to renew Pr after staying out side of canada with Citizen spouse?

He doesn't need to renew his PR status. As you say he's only been a PR for 3 years, he should have a PR card valid for 2 more years.

If he has his PR card, he can return to Canada. If he has lost his PR card or doesn't have it for some reason, he can apply for a PR Travel Document to return to Canada.

See here http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

 

[thecoolguysam]

As OP already stated, his friend resides in the US with his Canadian citizen spouse, so he meets the Residency Obligation without residing in Canada.

Thanks! I did not notice it.

 

[thecoolguysam]

@ Dk26

Your friend is eligible to renew the PR card as he was staying outside Canada with his Canadian spouse:

Here is the detailed information as per the following links:
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=10


From USA, he can simply apply for a travel document and come back to Canada and then apply to get a replacement PR card:
http://www.cic.gc.ca/english/information/travel-document/
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=605&top=10



Once he is in Canada, use the following link to apply for PR card:
http://www.cic.gc.ca/english/information/pr-card/apply-how.asp

By the way, was your initial PR card issued with 2 years validity or what?

 

[Leon]

He got pr based on spouse which usually issued by cic for 2 years then you have to renew it. he lives with his spouse in USA since last 3 years and his spouse is Canadian Citizen.

I think you are mixing Canadian rules up with the US. In the US, a sponsored spouse gets a conditional green card which is valid for 2 years and during the 90 days before the card expires, they must apply to remove the condition or otherwise lose their PR status. The condition will only be removed by showing that the marriage was and is genuine and still has not been terminated.

In Canada they started a similar condition but it is not as strict. It's called condition 51 and applies to sponsored spouses who applied on or after October 25th 2012 and who did not at the time have children with their sponsor and who had not yet been with their sponsor for 2 or more years. A sponsored spouse in Canada still gets a normal 5 year PR card and the 2 year condition is automatically removed after 2 years as long as nobody has reported any wrong doing to immigration. They also have exceptions to the 2 year rule for abuse or neglect.

In any case, his PR card should still be valid for 2 more years if he only got it 3 years ago. Condition 51 will have been removed in his case. He still meets the RO by living with his spouse outside Canada so he can return with his still valid PR card without a problem and when it's about to expire, he can renew it without a problem.

 

[Dk26]

canuck_in_uk

he got pr for 2 years as conditional when he applied for spouse pr visa. His PR is already expired and living with his canadian citizen spouse in USA. He or his spouse is not working for any Canadian firm but he works for IT firm based on USA.
what could be possible ?