Help needed ....PR Expiring soon

[sabaadil]

Dear all the experts there,

My name is Saba Adil. I am a Canadian Citizen. I have a difficult situation upcoming for my husband.

I applied for my husband's sponsorship in 2010 and he was granted a PR status in Apirl 2013. He came here , got his PR but left back he could not get a job. My husband lives in Pakistan and is working there . He has came here a couple of times but that doesnt fulfill the requirement to renew PR. HIs PR is expiring in June 2018.

I am mother of 2 kids. both kids are Citizens, One is 7 years and the other one is 3 years. We live away from my husband as i had to complete my days of citizenship. My husband wants to come back now and want to live with his family. I dont know what to do in this situation . because if we apply for PR renewal , CIC will reject it and revoke his status.

And the other option is voluntarily revoke his PR status. I need help regarding this.

Regards
Saba Adil

 

[Buletruck]

Personally, I would try to enter Canada before his PR card expires. If he is reported, renounce his PR, come in as a visitor and then you can sponsor him again as a PR. If he isn’t reported, don’t renew the PR card until he meets residency. It’s only the card that expires, not his status. There is no requirement to renew the PR card.

 

[sabaadil]

Thank you so much for the prompt reply... But what if he wants to go back again to Pakistan to work for couple of more months as he is on contract..
Is there a possibility that I go with him back to Pakistan and then apply for sponsorship again

 

[Buletruck]

You can go anywhere you want. And as a Canadian, you can sponsor from outside of Canada. You need to supply strong proof you intend to reside in Canada when the sponsorship is approved, particularly since he already had a PR and didn’t remain in Canada.

 

[sabaadil]

Oh then it is a possibility to apply from outside Canada... But for that first we have to renounce the PR status right now... And then only we can through the process...
Isn't this reason enough that the kids need their father an they are growing up.. And we want to live like a family.

Regards

 

[Buletruck]

You would have to renounce first to re-apply. Playing devils advocate, your husband has had 5 years to live like a family, but you made a decision to do otherwise, for whatever reason (really, not being judgemental...just presenting an opposing viewpoint). I know it’s good enough for you, but Remember everyone that works at IRCC has seen thousands of reasons that “should be enough”, so there is some scepticism involved. And it’s also a pretty mechanical process....if yes, do this, if no go here......all policies and procedures.

 

[sabaadil]

Yeah that's seems a very valid point that he had 5 years anyways to live like a family .... Sincerely speaking this is getting to much on our head that what should be done...

The situation is as follows ... My husband was working in Pakistan n supporting us here... He tried a couple of times but was not successful in getting a job..n then my husband's elder brother was going through a critical illness in which he had to support his family.. That's was one of the biggest barrier... My brother in law passed away last year..
Pls help me solve this mystery .. if we renounce how do start that

 

[Buletruck]

Has he got a US visitor visa? Don’t give up his PR until you are actually pressed on the issue. If he can’t return before his PR card expires to stay, cross at the US border. If he get in without being reported, don’t leave again until he meets RO. If he gets reported, he has 30days to decide if you want to appeal, or renounce. Decide what to do when it happens. You can apply to sponsor him again, either with you in Canada or in Pakistan or anywhere else you want. But until then, no point in stressing about it. You know what the possible outcome will be.

 

[meyakanor]

Thank you so much for the prompt reply... But what if he wants to go back again to Pakistan to work for couple of more months as he is on contract..
Is there a possibility that I go with him back to Pakistan and then apply for sponsorship again

Is living with him in Pakistan for two years straight a possibility?

He may be able to count days he spends with you out of Canada towards PR residency obligation.

If he stays with you 731 days out of the last five years, even out of Canada, he satisfies the residency requirement.

There might be some ambiguity on who accompanies whom, but in general, so long you are living together, it should be fine

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is, ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada, provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent.

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

 

[Buletruck]

Is living with him in Pakistan for two years straight a possibility?

Never thought of that! Another good option.

 

[canuck78]

Not sure at this point they could claim the 2 years living together to meet RO given the 5 years apart. Would have been possible for sure had the family moved with him or at least 2 years ago although they may have faced scrutiny about who relocated.

 

[Buletruck]

It doesn't stipulates anywhere that you have to live with your Canadian spouse from the time you leave Canada, only that time spent with your Canadian citizen spouse counts as time towards RO. If she remained with him from now until April 2020; they would have 2 years RO and meet the 730 days in the previous 2 years.

 

[canuck78]

If that is the case I would be concerned that the fact that she moved after 5 years of him living in Pakistan clearly shows who is accompanying who. They would have to take a calculated risk that they wouldn't be denied the years together because of this. Dependent on who reviews the case it seems. Luckily sponsorship again is always an option.

 

[meyakanor]

The ENF23 manual does mention that it should not matter who accompanies whom and for what reason. A PR simply needs to ordinarily reside with their citizen spouse or parent (in the case of minor child)

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

But as you said, he can always be responsored if they really decide to revoke his PR.

 

[canuck78]

There have been rulings where the accompanying has been interpreted as needing to follow the Canadian citizen. I've attached an example.

https://www.canlii.org/en/ca/irb/doc/2005/2005canlii56917/2005canlii56917.html