Options if my PR expires and wife becomes a citizen/renews her PR

[rchetan]

Hello all,

Here is my situation and we are trying to figure out what our options are:

We have canadian PR that we got just around 3 years ago (landed on Oct 24th 2009); and we are currently in the US. So we have around 1month odd to make the move and i am looking for employment in canada but dont have any offers yet.

If my wife moves to canada and keeps her PR and renews after 2 years and applies for citizenship after 3 years - and i continue to work in the US until i find canadian employment but go there over weekends and such. i wont be able to renew my pr 2 years down the lane (but as far as i know i can keep travelling to canada until my PR card expires). Then after 2 years what options would we be left with? can my wife sponsor my PR after my pr expires? can she sponsor for my PR or some other thing when she is still a PR and not a citizen yet? is that process very hard/risky?

If this is not a good option; the other one we are left with is either let it go which we dont want to do - or move there completely leaving my job here in the US and try to swing a job in a few months.

ps: i am currently in the US on H1B visa and am an indian citizen.

-rchetan

 

[Leon]

If you were to move to Canada at some point before your PR card expires, assuming you don't have problems on entry like reported for not meeting the residency requirements etc., then you can stay for 2 years including time after your PR card has expired and then apply to renew it based on that you meet the residency requirement again for the past 5 years.

If you do end up losing your PR again, your wife can sponsor you back, even if she is not a citizen yet. You will have a problem visiting her after the PR card expires but maybe she can still visit you. If she gets citizenship, she can move back to the US to stay with you and once she has stayed with you for 2 years, provided that your PR was never revoked before then, you would meet the residency requirements again and keep your PR.

Maybe this is a bit complicated but generally you only lose your PR if they examine you at a time that you do not meet the requirements. If you stay under their radar, like enter Canada last minute with a still valid PR card and stay two years or spend 2 years outside Canada with a citizen spouse, you meet the requirements again and keep your PR. If they didn't catch you while you did not meet the requirements and later you do, they are not allowed to go further back in time. They must look at your past 5 years at the time the examine you and not further back.