I am a PR living outside of Canada mostly. Need options to sponsor my wife and child

[papgust]

Hello all,

I have been a PR of Canada since Aug 2015. Ever since obtaining PR, I have not stepped into the country yet. However, I am seriously planning to move to the country soon.

I am aware of the residency obligations that I need to meet as PR (2 years out of 5 in Canada). I still have 2.5 years effectively before my PR expires. I am not aware of the new Express entry process for PR application. Having not stepped into the country myself yet,

1. What are my options to sponsor my wife and child?
2. Where do I need to start to apply for my dependents? Is this the link to start with -
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp?
If not, appreciate if you provide me with correct links and process.
3. If I have to move to Canada first before initiating the application process, are my dependents permitted to take a tourist visa to Canada first, land and then start the PR application process? If yes, Are they allowed to stay back with me until they get the PR?

Appreciate your expert opinions!! Thank you.

Pradeep

 

[Rob_TO]

Hello all,

I have been a PR of Canada since Aug 2015. Ever since obtaining PR, I have not stepped into the country yet. However, I am seriously planning to move to the country soon.

I am aware of the residency obligations that I need to meet as PR (2 years out of 5 in Canada). I still have 2.5 years effectively before my PR expires. I am not aware of the new Express entry process for PR application. Having not stepped into the country myself yet,

1. What are my options to sponsor my wife and child?
2. Where do I need to start to apply for my dependents? Is this the link to start with -
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp?
If not, appreciate if you provide me with correct links and process.
3. If I have to move to Canada first before initiating the application process, are my dependents permitted to take a tourist visa to Canada first, land and then start the PR application process? If yes, Are they allowed to stay back with me until they get the PR?

Appreciate your expert opinions!! Thank you.

Pradeep

PR status never expires, only the PR card does. The Residency Obligation is a rolling 5 years that you must always be in compliance with, and is not related to expiry date of PR card.

So if you landed as a PR in Aug 2015 then immediately left Canada, you will be in violation of the RO, unable to sponsor any family, and may be reported and have PR status revoked, any time after Aug 2018. You must return to Canada well before this time.

1 - Your option is to return to Canada, and only once in Canada submit app to sponsor your wife and child. You must also stay residing in Canada for duration of app processing (only short vacations outside Canada are allowed)
2 - Yes
3 - Your wife and child can certainly try to apply for a TRV. If it's approved, they can come to Canada and you can apply INLAND so they can stay with you during entire process
If their TRV is refused, they must remain in home country while you return to Canada and submit OUTLAND application. You will be separated from them for duration of processing (around 1 year).

 

[scylla]

I have been a PR of Canada since Aug 2015.

This date is incorrect. You received your PR card in August 2015. You landed and became a PR May 1, 2015 (based on your older posts). The date of your PR card doesn't matter - what matters is when you landed and became a PR.

Did you stay in Canada until August after landing in May? Or did you leave Canada right after landing in May? This is very important and will determine how soon you have to return to make sure you can keep your PR status.

 

[Buletruck]

Looks like they only remained in Canada 10 days. Assuming that’s correct, they would need to return by mid-May this year to maintain RO.

I applied for FSW visa in 2013 and very recently travelled to Canada for 10-day vacation to complete my landing in Canada (with the marital status of "Legally Separated") and returned back to my home country. I am waiting for my PR card.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/marital-status-change-after-landing-in-canada-need-advise.296662/

 

[papgust]

Thanks a lot, Rob, Scylla and buletruck.

You're right on the dates. I landed in Canada on 1st May 2015 and got my PR card only in Aug 2015. If the clock ticks from the day of landing for RO, then I am really falling short of time.

What would ideally happen if I move into Canada within 2 years of PR card expiry, i.e. after May 2018? Will I be able to apply for new PR card or will I deported on or after PR card expiry and asked to submit a new application and do everything from the start?

 

[Buletruck]

So by not returning before May 1 this year, you face a couple of issues. The first is the RO and entry to Canada. The risk is significant you will be reported for RO on entry. At that point they start the process of revoking your status. You can appeal, it without a solid H&C grounds and no establishment in Canada, a positive result for an appeal seems unlikely. And if you are reported, sponsoring your wife and child will not be possible.
Ow if you do manage to enter without being reported, you would still face the issue of sponsorship. Until you were compliant with RO, sponsorship would be out of the question. Applying would again draw attention to your residency, your application would be refused and your status would likely be sent for investigation for RO. So you would realistically need to be 2+ years away from your family.
Personally, if you want to maintain your PR status, you really need to return to Canada and establish yourself here before May. You can sponsor your family right away if you do. The longer you wait the harder it gets to make it work.

 

[scylla]

Thanks a lot, Rob, Scylla and buletruck.

You're right on the dates. I landed in Canada on 1st May 2015 and got my PR card only in Aug 2015. If the clock ticks from the day of landing for RO, then I am really falling short of time.

What would ideally happen if I move into Canada within 2 years of PR card expiry, i.e. after May 2018? Will I be able to apply for new PR card or will I deported on or after PR card expiry and asked to submit a new application and do everything from the start?

It's possible you may be successful returning to Canada if you wait - however then you will face a very long separation from your family during which time you may not be able to see or visit each other. Plan on a three year separation. Two years to wait for you to meet the residency obligation (you can't sponsor them until you meet RO) and then another year to sponsor them.

 

[evdm]

It's possible you may be successful returning to Canada if you wait - however then you will face a very long separation from your family during which time you may not be able to see or visit each other. Plan on a three year separation. Two years to wait for you to meet the residency obligation (you can't sponsor them until you meet RO) and then another year to sponsor them.

I agree, if you (@papgust) wait till after May 2018, you will face difficulties. Landing before this date means that there's no question as to your compliance with the residency obligations and you'd be able to sponsor your family (subject to the normal conditions of sponsoring).

Either way, you will be separated for a while, and @scylla makes a good point that in order to not be subject of a review of the validity of your status, you should be fully compliant with your residency obligation.

 

[scylla]

Why would @papgust have to wait to sponsor? Currently they are not in breach of the RO as they have not yet been a PR for 5 years and the initial 5-year period still applies.

I admit that it would not look good on the application and it may raise questions, but there's currently no need for papgust to be reported as long as they can still satisfy 730 days in the first 5-years of becoming a PR which I believe would be the case if they land before May of this year. as long as there are at least 730 days left in the initial 5-year period papgust is fully compliant and should be able to sponsor (subject to the normal conditions of sponsoring) their family members.

You (@scylla) are correct that there will be a separation as papgust will not be able to travel to ensure they stay compliant with the RO.

OP needs to return by May of this year in order to still be in compliance with RO and be able to sponsor immediately. OP asked what would happen if he waits and returns later (i.e. after May). If he waits and returns later, he'll no longer be in compliance with RO. That's the question I was answering.

 

[evdm]

OP needs to return by May of this year in order to still be in compliance with RO and be able to sponsor immediately. OP asked what would happen if he waits and returns later (i.e. after May). If he waits and returns later, he'll no longer be in compliance with RO. That's the question I was answering.

I re-read your post right away after submitting mine and realized my mistake in interpretation. I amended it right away but your response and my edits have crossed paths.

 

[papgust]

Thanks a lot once again folks. I do appreciate your views. I guess I will have to plan to return to Canada before May, otherwise I would need forget the country altogether and move on.

 

[papgust]

Hello All,

I am reopening this thread once again. Very recently, I have been offered a 6 month work assignment in Canada from my office in India.

I intend to travel alone, work there for 6 months and return back to India. I don't intend to settle there permanently. I am not worried anymore about family sponsorship either.

1. Am I good to proceed? Is there still a risk that I won't be allowed to go beyond the immigration counter in airport?
2. Do I need to consult an expert on the same, just in case? Appreciate if you pass on any contacts.

Pradeep

 

[russ6970]

Yes there is a big risk your PR will be revoked if you are reported at the border for not meeting RO. If you don't intend to settle in Canada you should give up your PR in my opinion.

 

[Buletruck]

Just to clarify, even if you are reported you won’t be turned away at the border. As a PR (compliant with RO or not) you are entitled to entry.

 

[vensak]

However once your PR is revoked, that can pose problems when it comes to you being able to work without a proper work permit. Also your immigration history might result into future work permit refusal. Just be aware of that.