i need help regarding PR

[suhail2012]

please i need your help:
my husband made his landing to canda in 2005, he was traveling alot throught his stay there , and he complete his total days there,and asked for reniewal and leave canda before he got it , since he face huge finaincal problem in dubai and his passport was taken from him from authorities , now he win the case and he want to go back to canda but his old pr card was expried and have to valid visa to canda, please advice

 

[suhail2012]

another thing please , i got marraied to by husband before he land on 2005 ,and i had my first son in 2004 , then my daugher in 2008, and we are planing to move with him to live in canda afer he fix in pr issue, what is the processes for this.

last thing please, during the first 5 years he never used his health card , since he was in and out canda, and when he asked for renual they refused to it for him , but for his pr card it gets the reniewl but he as i told before he was out side canda , how he can go back and take it and get new health insurance cars

 

[Leon]

Does your husband still meet the residency requirements, that is, did he stay in Canada for 730 days or more during the past 5 years? If the answer is yes, he can apply for a PR travel document in order to return to Canada and there he can ask to renew his PR card once again.

If the answer is no, he doesn't actually qualify to renew his PR card now because he doesn't meet the requirements. He could try to apply for a PR travel document listing whatever his mitigating reasons for not being able to meet the requirements and then one of 2 things happens, either they find his reasons good and give him a travel document in order to enter Canada again or they find his reasons not good and revoke his PR. Another option is that rather than applying for a travel document, he can try to get a visa to the US and then enter from the US to Canada in a rental car with his landing papers and/or expired PR card and see if they let him in. If they let him in without reporting him for not meeting the requirements, he could stay for 2 years and then he would qualify to renew his PR card again.

As for sponsoring you for PR, when he landed as a PR, you were already married and you had a son. Were you and the son included in his PR application as not accompanying? Did you have a medical exam for immigration? If you were not included and did not have a medical exam, he can not sponsor you.

 

[suhail2012]

he met residency requirements and asked for reniewl of pr but he left canda before he got it and was planing to go back to pick it up , and it almost one year passed for that according to his case in our country and he already win it., but when he asked for reniewal of his health insurance , they refused to do it for him since he never used during the first 5 years
. for me when he applied for canda before we got married and he then after marriage he got approval for landing , now he can add me and my kids after he fix his pr case or no

 

[Leon]

It does not matter that he applied for a renewal and was approved a year ago or two years ago or whenever he did that. He left without getting the new PR card so he will have to apply again. If he still meets the residency requirements, he can apply for a PR travel document at the Canadian embassy. This travel document will allow him to travel to Canada and once he is in Canada, he can apply to renew his PR card.

If he did not use his health card for 5 years, why is he worried that he can not renew it? Depending on which province he is going to, as a person who is moving to Canada from another country, he may have to wait 3 months before he is eligible for a new health card (BC, Ontario, Quebec and New Brunswick) or he might get one right away.

If he applied for his immigration as a single man with no children and during the processing of his application, you had a baby in 2004 and you got married in 2005, he had the obligation to let immigration know about his change in family status before he landed as a PR. He should have added you to his application then. If he did not, then he can not sponsor you.

 

[suhail2012]

thanks alot for your help
for his health card renual , they refused in Ottawa to reniew it and they want him to give reasons why he did not use it during five years.
for sponsering me and my kids , when i was planning to imgrate to canda , he was divorced with two daugthers and mentioned that in the papers , and for sponsering me and the kids , the lawyers here in our country advice him to add after he get his canadian passport. but as you mentioned below he cannot do that , how i can move with my kids to live with him in canada is there a way to live as togther as family in canada?

 

[PMM]

Hi

thanks alot for your help
for his health card renual , they refused in Ottawa to reniew it and they want him to give reasons why he did not use it during five years.
for sponsering me and my kids , when i was planning to imgrate to canda , he was divorced with two daugthers and mentioned that in the papers , and for sponsering me and the kids , the lawyers here in our country advice him to add after he get his canadian passport. but as you mentioned below he cannot do that , how i can move with my kids to live with him in canada is there a way to live as togther as family in canada?

As your husband didn't declare his wife nor his child born in 2004, he cannot sponsor you (if he retains his PR status) as you and the first child are no longer members of the family class and can't be sponsor. The 2nd child, if born after he "landed" is still a member of the family class. If he wants to return to Canada, he will have to apply for a Travel Document overseas and a determination will be made then if he has met his PR obligations. If he retains his, PR, it won't help your situation.

 

[Leon]

thanks alot for your help
for his health card renual , they refused in Ottawa to reniew it and they want him to give reasons why he did not use it during five years.
for sponsering me and my kids , when i was planning to imgrate to canda , he was divorced with two daugthers and mentioned that in the papers , and for sponsering me and the kids , the lawyers here in our country advice him to add after he get his canadian passport. but as you mentioned below he cannot do that , how i can move with my kids to live with him in canada is there a way to live as togther as family in canada?

The lawyers in your country gave him extremely bad advice. Not listing a child or a wife prevents them from ever being sponsored, even if he would have gotten citizenship. He should have added you and his son to the application before he landed as a PR but it is too late now. If you want to go to Canada, you will have to immigrate on your own. If he keeps his PR, he can sponsor your daughter who is born in 2008 for PR but not you or your son.