Maintaining PR days Advise required.

[A_ali]

I landed with my wife as on the 19th may 2010 we satyed there for about 40 days receievd our PR cards and then we left the Canada,and re-entered to canada in feb 2012 since then My wife is satying In canada and in the mean time in June we have a Boy born in June 2012 in canada.

So my family is still living there but the nature of my job is rotational means I work out side 38 days and stay in canada 30 days with my family my wife and mine PR card will be expired in jul-15 I know I will not be able to maintain my days like this but as my wife and son they are living there .
Will my wife be eligible to apply the citizen ship in future as soon as she completed her days as she is not working in canada.

And what will be my status please advise what should I do before the time comes,will CIC extend my PR card even though I am not eligible to apply the Citizen ship.
Appreciate the if the seniors members reply to this post.
A_Ali

 

[Leon]

You need 730 days in Canada in your first 5 years as a PR and any rolling 5 year period after that in order to meet the PR residency obligations.

If you stay outside Canada for 38 days and in Canada for 30 days all the time, you would be in Canada around 44% of the time. 730 days out of 5 years is 40% so you should be able to meet the requirements.

As for your wife, she will not have a problem meeting the requirements and applying for citizenship but if she is not working, she needs to figure out what else she can show to prove she was in Canada.

 

[A_ali]

Leon appreciate your quick reply as I mention in my earlier mail I have almost lost 2 years since 2010 till 2012 .(landed May 2010 left canada June 30th 2010 and then re-entered again in feb 2012).

So it will not be 730 days pelase advise how it will be 44%.

Also what type of proof I can prepare for my wife to apply for her citizen ship which CIC will may ask.

Please advise.

Regards
A_Ali

 

[Leon]

Leon appreciate your quick reply as I mention in my earlier mail I have almost lost 2 years since 2010 till 2012 .(landed May 2010 left canada June 30th 2010 and then re-entered again in feb 2012).

So it will not be 730 days pelase advise how it will be 44%.

Also what type of proof I can prepare for my wife to apply for her citizen ship which CIC will may ask.

Please advise.

Regards
A_Ali

Ok, I missed reading the part where you said you already stayed outside for 2 years. Then you can not meet the residency requirements. You may start having problems with immigration as you enter Canada where they will ask you if you meet the requirements and tell you that you are about to lose your PR but they will probably keep letting you in as long as your PR card is still valid. Once your PR card expires, if you are visa exempt to Canada, you can come visit as a visitor. If you are not visa exempt, you would need to apply for a PR travel document which will probably be denied, you lose your PR but would be able to apply for a visit visa. No guarantee that you get it though.

Your wife would be able to sponsor you for PR again as long as she still meets the residency requirements and is still living in Canada.

You can not prepare proof for your wife to show that she is staying in Canada when you are not staying in Canada yourself. She needs to be the one doing it. She should keep receipts, bank records, utility bills, bus tickets, kids school records, kids dentist visits and vaccination records. Also boarding cards from all their flights if they leave and come back.

 

[Msafiri]

To add to Leon's post your wife must present proof of her physical presence in Canada. Unemployment/ self employment is now a major factor in being issued a Residence Questionnaire especially if the applicant travels. This proof must be indicative of 'active' not just 'passive' presence i.e. its something that only she can do. Many applicants submit passive evidence such as bank statements with a couple of transactions and get RQ'd - why? Because maybe someone was using your bank card to 'help' you carry out transactions and appear to be in Canada.

Your spouse needs to file Taxes even if she has zero income. In her shoes I'd at least participate in some volunteering activity. The organization in question can then issue a letter confirming she volunteered.

She needs her own medical records so make a couple of doctor, optician and dentist visits.

Ultimatley there is no one single conclusive proof of physical presence in Canada other than say being in prison where there is a daily head count. CIC can RQ any applicant at any stage of the process including for quality control reasons. The best you can do is minimize the risk of such.

 

[xamirx]

Hi Msafiri and Leon
Does this means that A_Ali probably will not get his PR card renew after his present one expires? thanks for precious advise.
regards
xamirx

 

[Leon]

Hi Msafiri and Leon
Does this means that A_Ali probably will not get his PR card renew after his present one expires? thanks for precious advise.
regards
xamirx

That's right.

When you don't meet the residency requirements and apply to renew your PR card anyway, you should be prepared that your application will take forever and that you could be refused in the end and can lose your PR. They have the residency obligation there because they want people to meet it. If you didn't have to meet it, there would be no reason to have it.

One option is like in this case, having a spouse in Canada who can sponsor you again when you lose your PR. Another option would be to go to Canada before the PR card expires and then stay without leaving for a full two years, letting the PR card expire. At that time, he would meet the residency requirements again and could apply to renew his PR card again.

 

[A_ali]

Leon/Msafiri

Thanks a lot for your over all support as I still have PR card valid till July 2015 so by next year I have a hope I will get a job there other wise I will saty there to join any industry .

But there is a question as I have my son who also born in Canada will I get any Benefit for that being my son as a canadian.

Msafiri,

Yes My wife visits doctor and she is there for sure permanently using her own credit card also take my son to the doctor for his check up and vaccination I hope we also have other evidence as welland we file tax also every year.



Please advise.

 

[Msafiri]

But there is a question as I have my son who also born in Canada will I get any Benefit for that being my son as a canadian

Financially - there are tax credits and child benefits payable where the carer and child are resident in Canada. The parents need to file taxes for this.

Immigration - No benefit at this time they can sponsor you when they are an adult but who know what the rules will be then. Well actually there maybe a small cosnideration in immigration proceedings against you but as per your profile loss of PR is due to personal choice.