I have (expiring) PR but my wife doesn't have PR. How to move to Canada ?

[ahmadka]

Hi guys. I have a little complicated situation and need advice. I got my Canadian PR in August 2016 whose 5 years are expiring in August this year. I was supposed to spend at least 2 years of these 5 years in Canada to maintain my PR, but I didn't spend any time there. My wife on the other than doesn't have Canadian PR, but does have a valid TRV visa. I have been considering moving to Canada for several years now but due to life events happenings, I haven't had time to do this till now. I'm now taking this a little more seriously and want to know what's the best course of action. We also want to go to Canada together. In other words, nothing like one person going there before and sponsoring the other for PR from within Canada.

Because my PR is expiring soon, I don't know what to do. One idea we were thinking was that my wife can apply for Canadian PR through express entry and include me in that too, but since I technically already have PR, I don't know if this is possible. Should I renounce my PR first ? If yes, won't this delay the process by a lot ? ... Can I do anything else ?

 

[scylla]

Hi guys. I have a little complicated situation and need advice. I got my Canadian PR in August 2016 whose 5 years are expiring in August this year. I was supposed to spend at least 2 years of these 5 years in Canada to maintain my PR, but I didn't spend any time there. My wife on the other than doesn't have Canadian PR, but does have a valid TRV visa. I have been considering moving to Canada for several years now but due to life events happenings, I haven't had time to do this till now. I'm now taking this a little more seriously and want to know what's the best course of action. We also want to go to Canada together. In other words, nothing like one person going there before and sponsoring the other for PR from within Canada.

Because my PR is expiring soon, I don't know what to do. One idea we were thinking was that my wife can apply for Canadian PR through express entry and include me in that too, but since I technically already have PR, I don't know if this is possible. Should I renounce my PR first ? If yes, won't this delay the process by a lot ? ... Can I do anything else ?

How many points does she have under Express Entry?

Yes, you would need to renounce PR first in order to be included as a dependent in her application.

 

[kusrbo]

Interested to learn more about this as I might fall in a similar situation soon.

What options one got to renew PR when falling short of finishing complete 2 years out of 5 years in Canada. Considering the current pandemic are there be any relaxation on the Residency Obligation rules?

 

[scylla]

Interested to learn more about this as I might fall in a similar situation soon.

What options one got to renew PR when falling short of finishing complete 2 years out of 5 years in Canada. Considering the current pandemic are there be any relaxation on the Residency Obligation rules?

There's been no relaxation of the residency obligation.

You still need to meet the 2 out of 5 years to renew your PR card.

Assuming your PR card is still valid, you should return to Canada as soon as you can and then remain in Canada until you meet the residency requirement and can successfully apply to renew your card.

 

[kusrbo]

There's been no relaxation of the residency obligation.

You still need to meet the 2 out of 5 years to renew your PR card.

Assuming your PR card is still valid, you should return to Canada as soon as you can and then remain in Canada until you meet the residency requirement and can successfully apply to renew your card.

Thanks. Just wondering would there be a problem at the port of entry even my PR card is about to expire in just 6 more months and staying beyond the expiry date on PR card is legal?

 

[canuck78]

Thanks. Just wondering would there be a problem at the port of entry even my PR card is about to expire in just 6 more months and staying beyond the expiry date on PR card is legal?

As long as you aren't reported at the POE for not meeting your RO you can live in Canada without a valid PR card. You can't sponsor anyone until you are back into compliance with your RO.

 

[canuck78]

Hi guys. I have a little complicated situation and need advice. I got my Canadian PR in August 2016 whose 5 years are expiring in August this year. I was supposed to spend at least 2 years of these 5 years in Canada to maintain my PR, but I didn't spend any time there. My wife on the other than doesn't have Canadian PR, but does have a valid TRV visa. I have been considering moving to Canada for several years now but due to life events happenings, I haven't had time to do this till now. I'm now taking this a little more seriously and want to know what's the best course of action. We also want to go to Canada together. In other words, nothing like one person going there before and sponsoring the other for PR from within Canada.

Because my PR is expiring soon, I don't know what to do. One idea we were thinking was that my wife can apply for Canadian PR through express entry and include me in that too, but since I technically already have PR, I don't know if this is possible. Should I renounce my PR first ? If yes, won't this delay the process by a lot ? ... Can I do anything else ?

You need to be compliant with your RO someone so if your spouse did enter Canada as a visitor they may not be able to stay until you can sponsor them. They may also not have healthcare in Canada.

 

[kusrbo]

As long as you aren't reported at the POE for not meeting your RO you can live in Canada without a valid PR card. You can't sponsor anyone until you are back into compliance with your RO.

Thanks but on what basis do they report or don't report.. is there any procedure followed to evaluate whether I should be reported or not or it is completely based on luck? In worst case when they report.. what does this mean and what happens next?

 

[scylla]

Thanks but on what basis do they report or don't report.. is there any procedure followed to evaluate whether I should be reported or not or it is completely based on luck? In worst case when they report.. what does this mean and what happens next?

Completely based on luck.

If you are reported, you will be allowed to enter Canada but will have to appear at a hearing to argue why you should be allowed to keep your PR status despite failing to meet the residency requirement. If you are successful at that hearing, you will be able to keep your PR status. If you are not, then you will lose PR.

 

[ahmadka]

How many points does she have under Express Entry?

Yes, you would need to renounce PR first in order to be included as a dependent in her application.

So depending on whether my wife is the primary applicant or me, and if the dependent takes the IELTS tests as well or not, our collective score varies between 430 ~ 460.

Also how do I renounce my PR ? And how long does it take to complete ?

 

[scylla]

So depending on whether my wife is the primary applicant or me, and if the dependent takes the IELTS tests as well or not, our collective score varies between 430 ~ 460.

Also how do I renounce my PR ? And how long does it take to complete ?

This isn't going to be high enough to be selected through Express Entry directly. You'll need to look into the PNP programs. For Express Entry direct, you want a score that is 470+ to be selected.

Count on renouncing to take 2-3 months to process right now. Process is here: https://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

 

[ahmadka]

This isn't going to be high enough to be selected through Express Entry directly. You'll need to look into the PNP programs. For Express Entry direct, you want a score that is 470+ to be selected.

Count on renouncing to take 2-3 months to process right now. Process is here: https://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

Thanks. Two follow-up questions:

1) Since my PR initially began in August 2016, if I wait till August/September this year (which marks the 5 year mark), does my PR automatically expire without me having to formally renounce it ?

2) Once in a while I see that the score threshold drops to early 400s .. Isn't that enough to rely on even if I don't get immediately picked ?

 

[mashulia_26]

Thanks. Two follow-up questions:

1) Since my PR initially began in August 2016, if I wait till August/September this year (which marks the 5 year mark), does my PR automatically expire without me having to formally renounce it ?

2) Once in a while I see that the score threshold drops to early 400s .. Isn't that enough to rely on even if I don't get immediately picked ?

Did you land in August or you recieved your PR card in August?

 

[ahmadka]

Did you land in August or you recieved your PR card in August?

I landed in August 2016. My PR card has a September 2021 expiry mentioned on it.

 

[scylla]

Thanks. Two follow-up questions:

1) Since my PR initially began in August 2016, if I wait till August/September this year (which marks the 5 year mark), does my PR automatically expire without me having to formally renounce it ?

2) Once in a while I see that the score threshold drops to early 400s .. Isn't that enough to rely on even if I don't get immediately picked ?

1) No. You need to renounce
2) That's for CEC applicants only. This means the primary applicant must have at least one year of full time work experience in Canada within the last 3 years.