Need Advice For A Unique Situation

[lovelytobeinvincible]

Hey everyone, I’m trying to help someone with a tricky immigration situation and would love your input.

She got permanent residency as a child through her parents but left Canada about 15 years ago, accompanying her parents. Since then, she hasn’t met the 730-day residency obligation. Now she’s been married to a Canadian citizen for over 3 years and has been living with them outside Canada.

Questions:

1. Does the time living with her Canadian spouse abroad count towards the 730-day residency requirement under IRPA?
2. If she’s technically non-compliant with the residency obligation, what are her best options? Should she:
   
   • Apply for a Permanent Resident Travel Document (PRTD) based on humanitarian and compassionate grounds?
   • Voluntarily renounce PR and reapply through spousal sponsorship?
3. Or, is she likely already compliant given her time living with her Canadian spouse abroad?

Any insights, personal experiences, or references to cases/policy would be hugely appreciated!

Thanks!

 

[canuck78]

Hey everyone, I’m trying to help someone with a tricky immigration situation and would love your input.

She got permanent residency as a child through her parents but left Canada about 15 years ago, accompanying her parents. Since then, she hasn’t met the 730-day residency obligation. Now she’s been married to a Canadian citizen for over 3 years and has been living with them outside Canada.

Questions:

1. Does the time living with her Canadian spouse abroad count towards the 730-day residency requirement under IRPA?
2. If she’s technically non-compliant with the residency obligation, what are her best options? Should she:
   
   • Apply for a Permanent Resident Travel Document (PRTD) based on humanitarian and compassionate grounds?
   • Voluntarily renounce PR and reapply through spousal sponsorship?
3. Or, is she likely already compliant given her time living with her Canadian spouse abroad?

Any insights, personal experiences, or references to cases/policy would be hugely appreciated!

Thanks!

Do they want to move to Canada?
Normally you have to accompany your spouse abroad for this to count. In their case she met and start living with the Canadian citizen after not being compliant for over a decade. Tough to say how IRCC will address this case. They could try to apply for a PRTD. Not sure what grounds she has for PRTD based on H&C unless there is other information missing. If denied and spouse loses PR status then they could reapply. If they have a set timeline to move back to Canada they may want to consider renouncing and reapplying. The other issue is that the PRTD doesn’t guarantee she’ll be able to renew her PR card when she returns to Canada. IRCC will assess her compliance with RO again and it could take quite a while for them to process the PR card renewal even if eventually approved.

 

[lovelytobeinvincible]

Do they want to move to Canada?
Normally you have to accompany your spouse abroad for this to count. In their case she met and start living with the Canadian citizen after not being compliant for over a decade. Tough to say how IRCC will address this case. They could try to apply for a PRTD. Not sure what grounds she has for PRTD based on H&C unless there is other information missing. If denied and spouse loses PR status then they could reapply. If they have a set timeline to move back to Canada they may want to consider renouncing and reapplying. The other issue is that the PRTD doesn’t guarantee she’ll be able to renew her PR card when she returns to Canada. IRCC will assess her compliance with RO again and it could take quite a while for them to process the PR card renewal even if eventually approved.

Hi There!

Yes they do intend on moving to Canada, their respective families are already settled in Canada at the moment, its just that they are not sure or unaware about their immigration options, as far as H&C reasons are considered I do not think she has any factors so might not do anything at all and may be refused a PRTD entirely, renouncing PR Status and re applying through a spousal sponsorship or whichever other immigration pathways she would qualify.

When they asked for legal advise what they were told is to apply for a PRTD with H&C considerations, I thought that might not be wise at all since that would probably result in a refusal and will take a very long time to process, probably even years!.I thought maybe she had a better chance of applying without H&C and just saying I was accompanying my spouse who is a Canadian citizen since they have been married for quite a while and they are employed together in the same profession at the moment.

Maybe its wise to renounce her PR voluntarily and re-apply again rather than facing a refusal of a PRTD and as you mentioned even if it were to be accepted she might not be able to renew It after she enters Canada which would cause many problems.

When you accompany your spouse or common law partner do they expect the relationship to have started when she was complaint with the residency obligation and while she was in Canada?

Im not sure how it works since it just says the time you spent outside with your spouse may count as physical presence tbh its quite a vague point and lacks context.

Regardless Thank You For The Feedback
Much Appreciated!