Lost PR status.

[IMM000]

Hello,
My wife applied for PRTD under humanitarian and compassionate category but Colombo HC rejected and kept her PR card. Sixty days gone since the denial. I am a Canadian citizen and we lived together for 5 years in Canada. She conceived twins and I sent her home for child birth where she has lots of kin to help her out. The twins are now 4.5 years old and have their Canadian passport. I visit them once a year and support them. I have started the spousal sponsorship but the process will take 20 months while the children are denied a family union.

I would appreciate if any other advice other than waiting out the 20 months. Yes she could apply for a TRV but I only earn 37500/year in Ontario which is below the LIC of 44000/year.

Thanks in advance

 

[Leon]

As a PR, she had the obligation to stay in Canada at least 2 years out of any 5. Time stayed in Canada before not meeting the RO anymore is irrelevant. A PR could stay in Canada for 50 years but once they leave for more than 3 years, they would not meet the RO any more and would stand to lose their PR as well.

Your problem seems to be that you have not been able to prove H&C grounds for why she could not return to Canada say 2 years ago while her PR card was still valid and she still met the residency requirements. Did you try to appeal the refusal of the travel document? If you didn't, it would be too late now after 60 days but I do not know what arguments you could use anyway. You can say that the children are denied a family union at this point by immigration but the children were also denied a family union for the past 4.5 years based on your and your wife's decisions so it would not be considered a strong reason.

As for sponsorship, there is nothing anyone can do about the waiting time. You can try for a TRV for her but that's pretty much it. With a TRV, she would need health insurance too because she would not be eligible for health care.

Other options:

1) you could move back home where you can spend time with your family and still continue sponsorship of your wife.

2) you could take the children yourself and they could live in Canada with you for some of the time.