need your opinion regarding our family reunion?

[oaklet]

Hi, Leon
Can you please kindly give me some advice? I would really appreciate that.
My husband and I got our PR cards around 2005. Afterward I stayed in Canada mostly till I got my citizenship last year while my husband stayed in our home country and travelled back and forth a lot. The main reason he stayed in our home country is his father was in bad health situation and he is the only child. His father had a major heart surgery in 2007. Obviously, as a result my husband couldn't meet the residency requirements and his PR card expired in 2010. I checked with a lawyer he suggested me to go back and stay with my husband till he could meet the residency requiremennts again and only apply the travel document then. I followed the suggestion and have been back for 5 months.
But I just realized I wished we could move to Canada now instead of waiting two more years. And since his father's situation is stablized now, My husband is not reluctant to move to Canada. Afte all these years we are both tired of living separately. Especially I believe it is very important for my son to live with both of his parent.
My question is if we can apply travel document for him on H&C grounds now. Or it is a bad idea and only leads to instant fail? We had better wait ..
By the way, we have a property in Calgary but it is under my name. We have a joint bank account. And our son is a Canadian citizen as well.

 

[Leon]

I think he has a good chance of getting a travel document if he applies now, showing proof of his fathers illness and your situation, ties with Canada etc. Worst case scenario, if he is denied and loses his PR, you can sponsor him again and it will almost certainly be faster than 2 years.

 

[oaklet]

Thank you for your quick reply. Leon. Need you help with more quesions.
1 If he is denied when applying for travel document, will this result affect adversely when I sponsor him again in the future? Won't it be like some bad record?
2 If he is granted the travel document, he will need to stay in Canada for a while to meet the residency requirements and renew his PR card. He won't be able to renew the PR card on H&C grounds and he can't leave Canada during this period. Am I Right?

 

[Leon]

Thank you for your quick reply. Leon. Need you help with more quesions.
1 If he is denied when applying for travel document, will this result affect adversely when I sponsor him again in the future? Won't it be like some bad record?

It should not affect anything and it is pretty much the only way you can sponsor him because if he doesn't apply for a travel document to test if he gets to keep his PR, he will still be considered a PR and if he is, you can not sponsor him.

2 If he is granted the travel document, he will need to stay in Canada for a while to meet the residency requirements and renew his PR card. He won't be able to renew the PR card on H&C grounds and he can't leave Canada during this period. Am I Right?

If you were granted a travel document under H&C grounds, you could apply to renew his PR card based on the same but it might not happen very fast. During that time, he should preferably stay in Canada. If he leaves again before he gets his PR card, he may not be given another travel document so easily.

Another way would be to stay in Canada until he meets the requirements and then apply to renew.