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Maintain PR status while outside Canada

nilsen21

Full Member
May 31, 2017
40
9
Hi All,

In Dec of 2018, my family ( spouse, kid & I ) got our PR approved. I am the primary applicant. Our PR is valid till Apr 2023 and my spouse plan to move to Canada next year with a job.

my question is: if i am unable to move to canada & complete the 2 yr mandatory stay myself, can we still renew our PR after 2023 given my spouse is there in Canada all this time?
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
Your spouse will be able to renew if she remains in Canada and meets the residency obligation. If you don’t meet the residency obligation, that affects your status. Permenent residence is assessed on the individual.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hi All,

In Dec of 2018, my family ( spouse, kid & I ) got our PR approved. I am the primary applicant. Our PR is valid till Apr 2023 and my spouse plan to move to Canada next year with a job.

my question is: if i am unable to move to canada & complete the 2 yr mandatory stay myself, can we still renew our PR after 2023 given my spouse is there in Canada all this time?
The date on the PR card is irrelevant for meeting the Residency Obligation. The 5 years started the day you landed, which from previous posts, was January 2018.
 

SecularFirst

Hero Member
Nov 21, 2015
433
57
Hello all,
I am currently outside Canada and plan to move to Canada next year. I will be outside Canada for 3.5 years by then. I went outside Canada to complete school and after that I got married. My spouse has applied for her Canada PR based in FSW program and is expected to receive her PR in next 6 months. I cannot return to Canada before the 3 year outside limit as I dont want to return without my spouse. My wife is pregnant and I dont want to leave and return to Canada. So I have decided to wait until she receives her PR. Assuming everything goes well, we plan on adding the newborn to her application and all this will take some more processing time. I will surpass my outside 3 year limit by then. I want to know If I will be allowed back in the Canada after spending 3.5 to 4 years outside (PR card will still be valid)? I plan on entering with my wife and newborn, they will do their landing. Please advise what to do in this situation.

We cannot travel to Canada now (before my 3 years outside time) due to - a) My wife is not PR yet, b)She is pregnant and wont be having health insurance in Canada, we have health insurance where we are residing right now,

Please advise. Thanks.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
Hello all,
I am currently outside Canada and plan to move to Canada next year. I will be outside Canada for 3.5 years by then. I went outside Canada to complete school and after that I got married. My spouse has applied for her Canada PR based in FSW program and is expected to receive her PR in next 6 months. I cannot return to Canada before the 3 year outside limit as I dont want to return without my spouse. My wife is pregnant and I dont want to leave and return to Canada. So I have decided to wait until she receives her PR. Assuming everything goes well, we plan on adding the newborn to her application and all this will take some more processing time. I will surpass my outside 3 year limit by then. I want to know If I will be allowed back in the Canada after spending 3.5 to 4 years outside (PR card will still be valid)? I plan on entering with my wife and newborn, they will do their landing. Please advise what to do in this situation.

We cannot travel to Canada now (before my 3 years outside time) due to - a) My wife is not PR yet, b)She is pregnant and wont be having health insurance in Canada, we have health insurance where we are residing right now,

Please advise. Thanks.
What advise do you want?

If you have not met your residency obligation, they will allow you into the country but they may report you for missing the RO. Then the process of revoking your PR starts.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,937
1,903
Earth
Hello all,
I am currently outside Canada and plan to move to Canada next year. I will be outside Canada for 3.5 years by then. I went outside Canada to complete school and after that I got married. My spouse has applied for her Canada PR based in FSW program and is expected to receive her PR in next 6 months. I cannot return to Canada before the 3 year outside limit as I dont want to return without my spouse. My wife is pregnant and I dont want to leave and return to Canada. So I have decided to wait until she receives her PR. Assuming everything goes well, we plan on adding the newborn to her application and all this will take some more processing time. I will surpass my outside 3 year limit by then. I want to know If I will be allowed back in the Canada after spending 3.5 to 4 years outside (PR card will still be valid)? I plan on entering with my wife and newborn, they will do their landing. Please advise what to do in this situation.

We cannot travel to Canada now (before my 3 years outside time) due to - a) My wife is not PR yet, b)She is pregnant and wont be having health insurance in Canada, we have health insurance where we are residing right now,

Please advise. Thanks.
In the scheme of things, it is not relevant at all in connection to your R/O obligations that you got married, spouse is not a PR yet, she will have a baby, or that she will not have health insurance in Canada, not in the slightest. Either you meet your R/O or not, your issues are non consequential
 

SecularFirst

Hero Member
Nov 21, 2015
433
57
In the scheme of things, it is not relevant at all in connection to your R/O obligations that you got married, spouse is not a PR yet, she will have a baby, or that she will not have health insurance in Canada, not in the slightest. Either you meet your R/O or not, your issues are non consequential
I want to ask if there is precedent or a previous case where they issued deportation due to not meeting RO to someone who has small kid and wife who have valid status? Will there be a good chance in H and C case? Given that spouse with Valid PR and living within Canada also have an option to file for Open work permit with sponsorship application. What are the options for me to stat with spouse and kid in Canada in case they issue me deportation letter? Do they really do that? Do they separate families? Is there an option to get Work permit and stay in Canada?
 

SecularFirst

Hero Member
Nov 21, 2015
433
57
I still have about 520 points on Express entry due to past work experience in Canada, masters in Canada and valid language scores, would you rather recommend me to give up PR and apply again to avoid deportation order due to not meeting RO? Would you recommend giving up PR and adding myself to my spouse PR application, which is still in process?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
I want to ask if there is precedent or a previous case where they issued deportation due to not meeting RO to someone who has small kid and wife who have valid status? Will there be a good chance in H and C case? Given that spouse with Valid PR and living within Canada also have an option to file for Open work permit with sponsorship application. What are the options for me to stat with spouse and kid in Canada in case they issue me deportation letter? Do they really do that? Do they separate families? Is there an option to get Work permit and stay in Canada?
Yes, people are certainly removed from Canada even when they have family here legally. You failed to meet the RO because you were attending school, so no H&C.

Note that if you are removed, the separation would be 100% due to your own personal choices. Not IRCC's fault.
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
I still have about 520 points on Express entry due to past work experience in Canada, masters in Canada and valid language scores, would you rather recommend me to give up PR and apply again to avoid deportation order due to not meeting RO? Would you recommend giving up PR and adding myself to my spouse PR application, which is still in process?
You won't be deported/banned if your PR is revoked. You will be given time (can be as long as 30 days, can be shorter) to leave the country - as long as you leave within the given time, you will not have an issue applying via Express Entry in the future.

If you are issued a removal order, make sure you follow the instructions to the letter. Don't overstay, because that's when a removal order becomes a deportation order.
 

dpenabill

VIP Member
Apr 2, 2010
6,280
3,040
I want to ask if there is precedent or a previous case where they issued deportation due to not meeting RO to someone who has small kid and wife who have valid status? Will there be a good chance in H and C case? Given that spouse with Valid PR and living within Canada also have an option to file for Open work permit with sponsorship application. What are the options for me to stat with spouse and kid in Canada in case they issue me deportation letter? Do they really do that? Do they separate families? Is there an option to get Work permit and stay in Canada?
The foremost factor in the H&C analysis is the impact on dependent children. However, for the PR H&C case this tends to be a mixed bag: if the children have suffered little hardship during all the years the PR has been abroad, that tends to say there is little or no case that loss of PR (and Removal from Canada) will be a hardship for the children.

BUT it is nonetheless a factor taken into consideration.

And contrary to blatantly erroneous suggestions above, ALL your circumstances, including your marriage, and especially any and all reasons why it has taken so long to return to Canada (including continuing educational programs to the extent that may have delayed coming to Canada), ARE RELEVANT, WILL BE CONSIDERED, AND CAN MAKE A POSITIVE DIFFERENCE. (Even staying abroad for personal financial reasons can help make the H&C case; noting that my perspective on this is based on actual cases as officially reported in IAD decisions BUT is contrary to what appears to be the view of many others here, who appear to underestimate the nature and nuances of PR H&C factors, thus, for example, extrapolating that staying abroad for a job is always a negative factor because it is OFTEN a negative factor given that it is a personal-choice when that is an erroneous inference.)

The biggest factor, however, is how soon you come to Canada. The sooner the better. The more in breach of the RO you are, the more likely a PIL officer will take note and make a referral to Secondary upon your arrival (whereas, in contrast, if there is no referral to Secondary, you are waived into Canada and then all you need to do is stay in order to keep your status).

IF you are referred to Secondary, the LESS you are in breach of the RO, the better chance you have of persuading the officer in Secondary you DESERVE a chance to keep your PR status. That is, the fewer days short of meeting the RO you are, the better the odds are your explanation will show the officer you planned and still plan on settling permanently in Canada but you needed to do this, do that, and this happened, and that happened, delaying your coming and settling. BE TRUTHFUL in explaining ALL the circumstances attendant remaining abroad.

Even if you are issued a 44(1) Report and a Departure Order upon arrival, you can still enter Canada and appeal. And if you stay, and you stay with family who are PRs and settled in Canada, that could change the outcome by the time the IAD decides the appeal. How much in breach of the RO you are is still the most influential factor.

But yes, PRs with family, including family settled in Canada, do lose their PR for a breach of the RO. Which is to say that having family in Canada is NOT a free pass. That is, family in Canada, including children, tends to be a positive factor but is often does NOT carry enough weight to overcome the breach.

Extent of breach note: a few months short of meeting the RO during the first five years is probably within a range for which some extra leeway may be anticipated SO LONG AS the PR has a reasonable explanation for why it took so long. BUT if the PR has been abroad for more than THREE YEARS since the last time the PR was in Canada, ON ITS FACE that is an obvious breach of the RO and makes it far more likely there will be a referral to Secondary upon arrival AND more difficult for the officers in Secondary to, in effect, overlook the breach. But of course the latter will DEPEND on just how much in breach the PR is AND on an evaluation of the PR's explanation, the PR's reasons why it took so long.

Side note: it is difficult to know how FSW applications will turn out, so I have reservations in regards to confidence your partner will be issued a PR visa, let alone the timing for that. Lots of things can happen. For example, assuming the child is born before becoming a PR, the child must necessarily pass its own medical. Among many other contingencies.
 

SecularFirst

Hero Member
Nov 21, 2015
433
57
The foremost factor in the H&C analysis is the impact on dependent children. However, for the PR H&C case this tends to be a mixed bag: if the children have suffered little hardship during all the years the PR has been abroad, that tends to say there is little or no case that loss of PR (and Removal from Canada) will be a hardship for the children.

BUT it is nonetheless a factor taken into consideration.

And contrary to blatantly erroneous suggestions above, ALL your circumstances, including your marriage, and especially any and all reasons why it has taken so long to return to Canada (including continuing educational programs to the extent that may have delayed coming to Canada), ARE RELEVANT, WILL BE CONSIDERED, AND CAN MAKE A POSITIVE DIFFERENCE. (Even staying abroad for personal financial reasons can help make the H&C case; noting that my perspective on this is based on actual cases as officially reported in IAD decisions BUT is contrary to what appears to be the view of many others here, who appear to underestimate the nature and nuances of PR H&C factors, thus, for example, extrapolating that staying abroad for a job is always a negative factor because it is OFTEN a negative factor given that it is a personal-choice when that is an erroneous inference.)

The biggest factor, however, is how soon you come to Canada. The sooner the better. The more in breach of the RO you are, the more likely a PIL officer will take note and make a referral to Secondary upon your arrival (whereas, in contrast, if there is no referral to Secondary, you are waived into Canada and then all you need to do is stay in order to keep your status).

IF you are referred to Secondary, the LESS you are in breach of the RO, the better chance you have of persuading the officer in Secondary you DESERVE a chance to keep your PR status. That is, the fewer days short of meeting the RO you are, the better the odds are your explanation will show the officer you planned and still plan on settling permanently in Canada but you needed to do this, do that, and this happened, and that happened, delaying your coming and settling. BE TRUTHFUL in explaining ALL the circumstances attendant remaining abroad.

Even if you are issued a 44(1) Report and a Departure Order upon arrival, you can still enter Canada and appeal. And if you stay, and you stay with family who are PRs and settled in Canada, that could change the outcome by the time the IAD decides the appeal. How much in breach of the RO you are is still the most influential factor.

But yes, PRs with family, including family settled in Canada, do lose their PR for a breach of the RO. Which is to say that having family in Canada is NOT a free pass. That is, family in Canada, including children, tends to be a positive factor but is often does NOT carry enough weight to overcome the breach.

Extent of breach note: a few months short of meeting the RO during the first five years is probably within a range for which some extra leeway may be anticipated SO LONG AS the PR has a reasonable explanation for why it took so long. BUT if the PR has been abroad for more than THREE YEARS since the last time the PR was in Canada, ON ITS FACE that is an obvious breach of the RO and makes it far more likely there will be a referral to Secondary upon arrival AND more difficult for the officers in Secondary to, in effect, overlook the breach. But of course the latter will DEPEND on just how much in breach the PR is AND on an evaluation of the PR's explanation, the PR's reasons why it took so long.

Side note: it is difficult to know how FSW applications will turn out, so I have reservations in regards to confidence your partner will be issued a PR visa, let alone the timing for that. Lots of things can happen. For example, assuming the child is born before becoming a PR, the child must necessarily pass its own medical. Among many other contingencies.
Thank you so much for the detailed response. Me and my spouse are in US right now and I still have 3 months left to be short on my RO. We have contemplated about moving now but given the fact my spouse is pregnant and wont have any insurance if we move now. Also she cannot move at this time because she is not PR yet. I dont want to move alone and leave her here while she is pregnant, I am working and she is getting health insurance though me, If I leave now she would loose her health insurance as well.

We both spent 3 years in Canada on student visa and work permit before we left Canada for school. I have student loan from Canadian federal government, will this be good Ties to Canada?

My spouse will get her PR as her case is fairly straightforward with Canadian masters and work experience, no criminality, medical already passed. I have active Canadian dental license and will have no problem getting a job as my US dental degree is fully recognized in Canada.

My question is if my spouse is in Canada by the time they issue me deportation letter, will I be eligible to apply any temporary visa or work permit based on my spouse being in Canada? Can I say in my appeal that I am still eligible to get new PR based on either CEC, FSW or even family then does it make sense for them to still make me go through the process again and be away from my family?
 

SecularFirst

Hero Member
Nov 21, 2015
433
57
And would you rather recommend renouncing my PR and add myself to my spouse application once she receives her PPR? Thanks
 

dpenabill

VIP Member
Apr 2, 2010
6,280
3,040
We both spent 3 years in Canada on student visa and work permit before we left Canada for school. I have student loan from Canadian federal government, will this be good Ties to Canada?

My spouse will get her PR as her case is fairly straightforward with Canadian masters and work experience, no criminality, medical already passed. I have active Canadian dental license and will have no problem getting a job as my US dental degree is fully recognized in Canada.

My question is if my spouse is in Canada by the time they issue me deportation letter, will I be eligible to apply any temporary visa or work permit based on my spouse being in Canada? Can I say in my appeal that I am still eligible to get new PR based on either CEC, FSW or even family then does it make sense for them to still make me go through the process again and be away from my family?
I am NOT an expert and I am NOT qualified, especially NOT qualified, to offer personal advice (with some exceptions which are rather obvious, such as be HONEST, read and follow instructions, and otherwise reiterating well-known answers to FAQs). I cannot reliably assess a particular individual's case let alone reliably state what a particular individual should do.

Generally, you know the drill: if you are in breach of the PR Residency Obligation there is a risk you will be issued an Inadmissibility Report upon arrival at a PoE. The way to avoid that risk is to return to Canada in time to not breach the Residency Obligation.

BEFORE addressing what can help further, to be clear, at the risk of being overbearing and redundant, once a PR is in breach of the RO there is a real risk of losing PR status. If that risk can be avoided, that is the far better approach no matter how many positive H&C factors the PR has. Far better approach by a lot. And second to that, otherwise, if and when it is impossible to avoid a breach of the RO, the next most important thing to do is get to Canada SOONER rather than LATER.

That said, many forum participants appear to grossly underestimate or even exclude the value of all sorts of factors . . . but there is a backstory to that, and that backstory is written in tales of woe told by scores of former PRs who lost PR status notwithstanding all sorts of reasons why they failed to come to Canada sooner. With only narrow exceptions, H&C cases are almost always TRICKY and most often DIFFICULT, which to be clear means there are few if any easy-pass factors.

". . . would you rather recommend renouncing my PR and add myself to my spouse application once she receives her PPR?"​

No. And I say this even though, again, I am NOT qualified to offer personal advice, and I try to steer away from making recommendations. BUT this is an easy call. As long as you are still within the first five years since the date of your landing, and especially if you can make the physical move to settle in Canada within, say, 42 or so months of when you landed (the 3.5 year frame you've referenced), the chances of NOT being reported at the PoE are good enough to make that the preferred approach. And even if you are reported, and issued a Departure Order at the border, you can still enter Canada, appeal the Report, and stay as a PR in the meantime (including legally work and so on) . . . and if as a family you are staying, yes that should make your H&C case stronger for the IAD when it decides the appeal. Strong enough to place your bet on that, but also knowing that even if you lose the appeal, yes you could then be sponsored for a new PR by your spouse and probably get an open work permit pending that process (with a gap in time . . . but if and when it comes to that, well over a year from now at the soonest, you can reevaluate your situation and go from there, and I'd guess you will be able to figure out how to best navigate through that, IF it comes to that).

Moreover, it is simply better to remain a PR while your spouse proceeds with the PR visa process. Even if you are reported.

Remember, if you renounce your PR that will render you a Foreign National. If you are then added to your spouse's application, which you will NEED TO BE if that happens any day prior to the moment she is actually granted PR status (that is, when she actually lands, not just when she is issued a PR visa), THEN YOU will need to go through the whole examination process yourself, again. That would likely DELAY the issuance of your spouse's PR visa (assuming your spouse is indeed on track to get a PR visa, which again you appear to be overly confident about), while you undergo the background check, medical check, and so on.

[ As to the importance of adding you to the application if you renounce or lose PR status before your spouse does the LANDING . . . . be aware, notwithstanding the implementation of a recent pilot program somewhat mitigating the draconian impact (a forever ban on sponsoring the omitted spouse) of a failure to include a spouse, and have the spouse examined, UNLESS you do in fact have PR status right up to your spouse's landing, you absolutely will need to be declared and EXAMINED . . . even if your spouse has already received the PR visa. Your situation may pose some complicating factors, given your spouse has already referenced you as a spouse in the PR visa application (but without need for examination given your PR status); but there is little doubt, your spouse's immigration via a non-family class application (such as FSW) will proceed more smoothly if you remain a PR, whereas if you, in the meantime, become a Foreign National that will, AT BEST, complicate things . . . and remember, a bureaucracy is what a bureaucracy does, and a bureaucracy tends to NOT do complicated well. ]


More Regarding Positive Factors Which Reduce the Risk of Losing PR Status --

You do not mention whether or not you have traveled to Canada during the last 33 months or so. The more you have come to Canada, the less time it has been since the last time you were in Canada, the better your odds of being waived into Canada without being examined for RO compliance, let alone actually being issued the 44(1) Inadmissibility Report. Even a short trip BEFORE you are in breach of the RO could help, especially if the purpose of that trip is explicitly attendant preparation for your return to Canada.

My sense is that the cost of health care attendant a pregnancy and birth may very well be a significant factor favouring relief from a strict enforcement of the RO . . . but there are also elements of this pushing the other way, ranging from the personal decision aspect to the period of time prior to the pregnancy during which you could have returned to Canada. Indeed, this one factor illustrates how complex and multifaceted even a single factor can be, making it very difficult to forecast a Canadian official's decision-making, even as to whether the factor is considered a positive or a negative factor, let alone how much weight it will have in the decision-making.

As long as you are prepared to fully explain all the reasons why it has taken you this long to come back and settle in Canada, truthfully of course, and you do in fact arrive with well over a full year left before the fifth year anniversary of the date you landed:
-- you should have a decent chance of being waived into Canada without being examined about RO compliance, and
-- even if examined, a good chance of being waived into Canada without being issued a 44(1) Report, and
-- even if issued a 44(1) Report a fair chance the Minister's Delegate will make a favourable H&C decision and not issue a Departure Order, and
-- even if issued a 44(1) Report AND a Departure Order, you can still come into Canada and appeal, and if you STAY pending the appeal, and your family settles into Canada in the meantime, a decent or even good chance the IAD will decide to let you keep PR status despite the breach, AND
-- even if you lose the appeal, and thus lose PR status, your spouse should then be able to sponsor you for PR again​

I have deliberately used terms like "fair chance," "decent chance," and "good chance," to reference varying probabilities. These are as best they might be quantified.

The fact that you have a PR spouse who can sponsor you if you lose PR status is indeed a factor which will likely be considered by any of the officials, at any of the steps referenced. However, it alone will NOT make the difference. In a close case, and especially if IRCC perceives the individual is actually NOW settled permanently in Canada, it can tip the scales toward allowing the PR to keep status. But many PRs in this situation have lost the appeal and actually part of the explanation for why their H&C case fell short has included the absence of hardship SINCE they could in fact be sponsored to be a PR again, if it really is their intention to settle and live in Canada . . . but most of these involve PRs still spending a lot of time abroad (typically about employment abroad), and the idea is that IF and WHEN they are ready to settle in Canada permanently, then they should be sponsored.

Overall, family in Canada, plus stay in Canada pending an appeal, and a breach on the short side (the shorter the better . . . with longer than a year elevating the hurdle considerably), together with a fairly good explanation of reasons for not coming sooner (even if those reasons do not excuse the failure to come sooner, but are at least a reasonable, rational explanation), should make for a fairly good H&C case on appeal.

That said, back to overbearing redundancy: the best possible H&C case is NO WHERE NEAR as good as simply getting back to Canada in time to avoid a breach of the RO.
 

SecularFirst

Hero Member
Nov 21, 2015
433
57
I am NOT an expert and I am NOT qualified, especially NOT qualified, to offer personal advice (with some exceptions which are rather obvious, such as be HONEST, read and follow instructions, and otherwise reiterating well-known answers to FAQs). I cannot reliably assess a particular individual's case let alone reliably state what a particular individual should do.

Generally, you know the drill: if you are in breach of the PR Residency Obligation there is a risk you will be issued an Inadmissibility Report upon arrival at a PoE. The way to avoid that risk is to return to Canada in time to not breach the Residency Obligation.

BEFORE addressing what can help further, to be clear, at the risk of being overbearing and redundant, once a PR is in breach of the RO there is a real risk of losing PR status. If that risk can be avoided, that is the far better approach no matter how many positive H&C factors the PR has. Far better approach by a lot. And second to that, otherwise, if and when it is impossible to avoid a breach of the RO, the next most important thing to do is get to Canada SOONER rather than LATER.

That said, many forum participants appear to grossly underestimate or even exclude the value of all sorts of factors . . . but there is a backstory to that, and that backstory is written in tales of woe told by scores of former PRs who lost PR status notwithstanding all sorts of reasons why they failed to come to Canada sooner. With only narrow exceptions, H&C cases are almost always TRICKY and most often DIFFICULT, which to be clear means there are few if any easy-pass factors.

". . . would you rather recommend renouncing my PR and add myself to my spouse application once she receives her PPR?"​

No. And I say this even though, again, I am NOT qualified to offer personal advice, and I try to steer away from making recommendations. BUT this is an easy call. As long as you are still within the first five years since the date of your landing, and especially if you can make the physical move to settle in Canada within, say, 42 or so months of when you landed (the 3.5 year frame you've referenced), the chances of NOT being reported at the PoE are good enough to make that the preferred approach. And even if you are reported, and issued a Departure Order at the border, you can still enter Canada, appeal the Report, and stay as a PR in the meantime (including legally work and so on) . . . and if as a family you are staying, yes that should make your H&C case stronger for the IAD when it decides the appeal. Strong enough to place your bet on that, but also knowing that even if you lose the appeal, yes you could then be sponsored for a new PR by your spouse and probably get an open work permit pending that process (with a gap in time . . . but if and when it comes to that, well over a year from now at the soonest, you can reevaluate your situation and go from there, and I'd guess you will be able to figure out how to best navigate through that, IF it comes to that).

Moreover, it is simply better to remain a PR while your spouse proceeds with the PR visa process. Even if you are reported.

Remember, if you renounce your PR that will render you a Foreign National. If you are then added to your spouse's application, which you will NEED TO BE if that happens any day prior to the moment she is actually granted PR status (that is, when she actually lands, not just when she is issued a PR visa), THEN YOU will need to go through the whole examination process yourself, again. That would likely DELAY the issuance of your spouse's PR visa (assuming your spouse is indeed on track to get a PR visa, which again you appear to be overly confident about), while you undergo the background check, medical check, and so on.

[ As to the importance of adding you to the application if you renounce or lose PR status before your spouse does the LANDING . . . . be aware, notwithstanding the implementation of a recent pilot program somewhat mitigating the draconian impact (a forever ban on sponsoring the omitted spouse) of a failure to include a spouse, and have the spouse examined, UNLESS you do in fact have PR status right up to your spouse's landing, you absolutely will need to be declared and EXAMINED . . . even if your spouse has already received the PR visa. Your situation may pose some complicating factors, given your spouse has already referenced you as a spouse in the PR visa application (but without need for examination given your PR status); but there is little doubt, your spouse's immigration via a non-family class application (such as FSW) will proceed more smoothly if you remain a PR, whereas if you, in the meantime, become a Foreign National that will, AT BEST, complicate things . . . and remember, a bureaucracy is what a bureaucracy does, and a bureaucracy tends to NOT do complicated well. ]


More Regarding Positive Factors Which Reduce the Risk of Losing PR Status --

You do not mention whether or not you have traveled to Canada during the last 33 months or so. The more you have come to Canada, the less time it has been since the last time you were in Canada, the better your odds of being waived into Canada without being examined for RO compliance, let alone actually being issued the 44(1) Inadmissibility Report. Even a short trip BEFORE you are in breach of the RO could help, especially if the purpose of that trip is explicitly attendant preparation for your return to Canada.

My sense is that the cost of health care attendant a pregnancy and birth may very well be a significant factor favouring relief from a strict enforcement of the RO . . . but there are also elements of this pushing the other way, ranging from the personal decision aspect to the period of time prior to the pregnancy during which you could have returned to Canada. Indeed, this one factor illustrates how complex and multifaceted even a single factor can be, making it very difficult to forecast a Canadian official's decision-making, even as to whether the factor is considered a positive or a negative factor, let alone how much weight it will have in the decision-making.

As long as you are prepared to fully explain all the reasons why it has taken you this long to come back and settle in Canada, truthfully of course, and you do in fact arrive with well over a full year left before the fifth year anniversary of the date you landed:
-- you should have a decent chance of being waived into Canada without being examined about RO compliance, and
-- even if examined, a good chance of being waived into Canada without being issued a 44(1) Report, and
-- even if issued a 44(1) Report a fair chance the Minister's Delegate will make a favourable H&C decision and not issue a Departure Order, and
-- even if issued a 44(1) Report AND a Departure Order, you can still come into Canada and appeal, and if you STAY pending the appeal, and your family settles into Canada in the meantime, a decent or even good chance the IAD will decide to let you keep PR status despite the breach, AND
-- even if you lose the appeal, and thus lose PR status, your spouse should then be able to sponsor you for PR again​

I have deliberately used terms like "fair chance," "decent chance," and "good chance," to reference varying probabilities. These are as best they might be quantified.

The fact that you have a PR spouse who can sponsor you if you lose PR status is indeed a factor which will likely be considered by any of the officials, at any of the steps referenced. However, it alone will NOT make the difference. In a close case, and especially if IRCC perceives the individual is actually NOW settled permanently in Canada, it can tip the scales toward allowing the PR to keep status. But many PRs in this situation have lost the appeal and actually part of the explanation for why their H&C case fell short has included the absence of hardship SINCE they could in fact be sponsored to be a PR again, if it really is their intention to settle and live in Canada . . . but most of these involve PRs still spending a lot of time abroad (typically about employment abroad), and the idea is that IF and WHEN they are ready to settle in Canada permanently, then they should be sponsored.

Overall, family in Canada, plus stay in Canada pending an appeal, and a breach on the short side (the shorter the better . . . with longer than a year elevating the hurdle considerably), together with a fairly good explanation of reasons for not coming sooner (even if those reasons do not excuse the failure to come sooner, but are at least a reasonable, rational explanation), should make for a fairly good H&C case on appeal.

That said, back to overbearing redundancy: the best possible H&C case is NO WHERE NEAR as good as simply getting back to Canada in time to avoid a breach of the RO.
Thank you so much for the detailed response. I really really appreciate your help. Your explanation makes a lot of sense.

I visited Canada every year since I received my PR. Last visit was in January 2019 for couple of days. I am maintaining an address in Canada and doing my Canada Federal student loan payments regularly through my Canadian bank account. Like I said I could return tomorrow but dont want to leave pregnant spouse alone. Leaving now would mean quitting my job and leaving her without any health insurance. Our plan is to move together with my spouse and baby, I would still be having more than a year left on my 5 year time period. Plan is for the spouse to do her landing, baby will be from Visa exempt country and we will sponsor the baby later.

Thank you so much for the valuable inputs.