Husband's PR

[woodbird]

My husband is a PR since 2011 and from that time he stayed only for almost a month in Canada as he's been supporting us financially for all the expenses we need from shelter, food and all the day to day needs. Our PR expires in 2016. Until present he is still in the Middle East and planning to come by January 2015. We are aware of the fact of the PR obligation. In case, he is not able to meet the 730 days requirement, will he be able to renew his PR at the same time we are renewing ours (mine and my 2 daughters) while assuming he is already at the time staying with us here in Canada?

Secondly, as our kids are going to Universities in near future, he is planning to continue his contract in the Middle East to save for their education as we know for a fact that it will cost us a lot of money to send them to college. My question is, will i be able to arrange a new PR for him? will he still go to the same procedures how we did in our first application.

We are confused and we need your advise desperately. Thank you in advance as thru your columns and forums before entering Canada there are lots of tips and information we have learnt and i hope this time you will help us in our present situation and clear our doubts.

 

[scylla]

Since he has spent so little time in Canada, you should expect that he will most likely lose his PR status. If this happens, you can sponsor him for PR as your spouse once he is ready to spend enough time in Canada to meet the residency requirement. You can find out more about the spousal sponsorship process here:

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

 

[woodbird]

Thank you so much for your prompt reply.
In case he enters next year and stays with us throughout the days till our visa expires, will he be given chance to renew his visa or will be advised to leave Canada.

 

[davek1979]

No he will have to meet the residency obligation on his own. His PR is not connected to yours. Your best bet is to wait until he is ready to return to Canada on a more permanent basis and then sponsor your husband.

 

[woodbird]

Appreciate your prompt reply. This clarifies our doubts and serves us a guide to understand what's the next course of action we have to take.
However, can he still enter Canada to visit us till his visa is still valid? will he be stopped from the airport from entering and leaving in case he comes to visit us. Thanks again.

 

[Leon]

As long as he has a valid PR card, he can continue to visit Canada but the further he gets away from meeting the RO, the more likely it becomes that he will get reported on entry. If this happens, it is basically immigration verifying that he doesn't meet the RO and revoking his PR status and there is no point in him fighting it. Losing his PR after a report, he can apply for a multiple entry visit visa or you can sponsor him for PR again. If he is not yet ready to settle in Canada, I would suggest that you go with the visit visa because otherwise you would be wasting money on sponsorship when he will 3 years later not meet the RO again and risks losing his 2nd PR too. You can sponsor him for PR when you know he is getting ready to join you in Canada.

If he manages to keep his PR without getting reported until his PR card expires, he would have to apply for a PR travel document in order to lose it and then can apply for a visit visa.

 

[woodbird]

Thanks Leon.
He is planning to enter Canada by January or June 2015 and stay for few weeks for my daughter's graduation.
In case he is questioned about not meeting his residency, will he be allowed entry and exit without any problem.
In case he is reported of not meeting his residency and PR is revoked, like what you said he can still apply for his multiple visa and I can apply for a new PR for him.
Is there any issue like putting a ban on his entry to Canada.
Please advise.
Thanks.

 

[Leon]

Thanks Leon.
He is planning to enter Canada by January or June 2015 and stay for few weeks for my daughter's graduation.
In case he is questioned about not meeting his residency, will he be allowed entry and exit without any problem.
In case he is reported of not meeting his residency and PR is revoked, like what you said he can still apply for his multiple visa and I can apply for a new PR for him.
Is there any issue like putting a ban on his entry to Canada.
Please advise.
Thanks.

If he gets reported on entry, he will still be allowed to enter. If he doesn't appeal, he will lose his PR and then he can apply for a multiple entry visit visa and you can sponsor him for a new PR.

He will not get a ban from entering Canada but if he is not visa exempt and has lost his PR, he will need a visit visa and when somebody applies for a visit visa, they must show that they will not overstay. There is never a guarantee for somebody who applies for a visit visa that they will get it.

 

[woodbird]

Thanks so much Leon.....Your help really means a lot to us......

 

[woodbird]

Hello Leon,

Further to my previous queries, my husband will be entering Canada in another 2 weeks (June 2015), his PR expires July 2016, he never stayed in Canada for a long period of time as he continued his work in the Middle East to provide our financial needs.

Are there any new rules when re-entering Canada with an issue such as my husband's?

Will he be allowed to re-enter Canada?

He will be here for 3 weeks, will he be allowed to leave Canada?

What do you mean when you mentioned

"If he doesn't appeal, he will lose his PR and then he can apply for a multiple entry visit visa and you can sponsor him for a new PR"

How will he make the appeal ?

Thank you so much and would appreciate your reply at the earliest.

 

[Leon]

As you have said, his PR card is still valid but he does not meet the RO.

He will be allowed to enter Canada. However, if the immigration officer suspects that he doesn't meet the RO, they can report him.

If he wants to appeal the reporting, they will tell him how. However, if his reasons for staying outside of Canada were just because of a well paid job overseas and he is leaving again after a short visit, he has absolutely no chance of winning so he might as well accept the loss of his PR if that happens and not waste immigration time and his own by appealing.

Nobody will ever stop him from leaving Canada.

 

[woodbird]

Thank you for your prompt reply.

If he loses his PR and get reported. Can I apply for a visa for him and is there any chance to re-apply for his PR again ? Are there new rules for applying a PR once it get revoked.

 

[Leon]

Thank you for your prompt reply.

If he loses his PR and get reported. Can I apply for a visa for him and is there any chance to re-apply for his PR again ? Are there new rules for applying a PR once it get revoked.

If he loses his PR, he can apply for a multiple entry visit visa himself, stating that he lost his PR due to not living in Canada for the past few years and he isn't about to move to Canada right now but wants to visit his family occasionally. I know of people who have lost PR and have been given a multiple entry visit visa without a problem.

As I wrote in my reply to you in November of 2014, see above, you can sponsor him for PR again. This is however expensive and likely to take quite some time and if he is not ready to settle in Canada in the next 3 years, he will have problems because of the residency obligation again. Therefore, it would be better for you to delay the sponsorship until you know he is getting ready to settle. That is unless he is refused a visit visa in case you would have to sponsor him in order for him to be able to visit you.

 

[woodbird]

Thank you so much. Appreciate your help.....