Permanent residency visa received but landed without wife and daughter

[yazad]

Hello,

My wife, 6 year old daughter and I had received our permanent visa on 04.09.2015 with an expiry date of 03.08.2016. Due to some circumstances, in June, 2016 I visited Toronto alone for a brief period of 7 days. I received my PR card shortly.
However, my wife and daughter were unable to land before expiry date. Now, as I have settled matters, we plan to go to Canada and settle there. However, my query is regarding my wife and daughter. What needs to be done for them? Can we make an application with the expired PR visa and ask for extension for landing? What is the other option?

Please advice.
Regards,
Yazad

 

[jddd]

Hello,

My wife, 6 year old daughter and I had received our permanent visa on 04.09.2015 with an expiry date of 03.08.2016. Due to some circumstances, in June, 2016 I visited Toronto alone for a brief period of 7 days. I received my PR card shortly.
However, my wife and daughter were unable to land before expiry date. Now, as I have settled matters, we plan to go to Canada and settle there. However, my query is regarding my wife and daughter. What needs to be done for them? Can we make an application with the expired PR visa and ask for extension for landing? What is the other option?

Please advice.
Regards,
Yazad

You need to move to Canada and sponsor them again, this means you and them will be apart for about a year. They cannot use their expired visas and those cannot be extended. It has been almost 3 years since. You need to move to Canada soon to keep your PR status safe.

 

[scylla]

You'll need to return to Canada on your own and then sponsor your wife and daughter for PR. Processing of their application will take approximately a year and you'll need to continue living in Canada while their application is processed. Make sure you don't remain outside of Canada for more than three years - you must meet the residency obligation in order to sponsor them.

Assuming you are from a non-visa exempt country, your wife and daughter can attempt to apply for a TRV to come to Canada while their application is being processed. Unfortunately the chances are high the TRV will be refused. However you can certainly try applying and there is no harm doing so.

 

[yazad]

You need to move to Canada and sponsor them again, this means you and them will be apart for about a year. They cannot use their expired visas and those cannot be extended. It has been almost 3 years since. You need to move to Canada soon to keep your PR status safe.

Thank you.

 

[yazad]

You'll need to return to Canada on your own and then sponsor your wife and daughter for PR. Processing of their application will take approximately a year and you'll need to continue living in Canada while their application is processed. Make sure you don't remain outside of Canada for more than three years - you must meet the residency obligation in order to sponsor them.

Assuming you are from a non-visa exempt country, your wife and daughter can attempt to apply for a TRV to come to Canada while their application is being processed. Unfortunately the chances are high the TRV will be refused. However you can certainly try applying and there is no harm doing so.

Thanks. So before I sponsor them, do they have to renounce their PR? How long does renouncing of PR take? You mention that the processing of sponsorship application will take a year... so in that time, they cant even get a tourist visa and visit me?

 

[jddd]

Thanks. So before I sponsor them, do they have to renounce their PR? How long does renouncing of PR take? You mention that the processing of sponsorship application will take a year... so in that time, they cant even get a tourist visa and visit me?

They never landed which means they are not PR (unless I misunderstood). They can try to apply for a TRV but chances are low to get one.

 

[zardoz]

Thanks. So before I sponsor them, do they have to renounce their PR? How long does renouncing of PR take? You mention that the processing of sponsorship application will take a year... so in that time, they cant even get a tourist visa and visit me?

The issue of a visa doesn't finish the PR application. Actually having the COPR document signed and dated by CBSA at the time of landing is required to complete the application process.

 

[scylla]

Thanks. So before I sponsor them, do they have to renounce their PR? How long does renouncing of PR take? You mention that the processing of sponsorship application will take a year... so in that time, they cant even get a tourist visa and visit me?

As others have said, they never became permanent residents. There's nothing to renounce.

 

[yazad]

That's exactly what I thought.. they only got the Confirmation of Permanent Residence but did not land.... However, my immigration attorney says that I have to get the visas renounced... in order to apply for regular tourist visas if I want them to travel along with me!

 

[Bs65]

That's exactly what I thought.. they only got the Confirmation of Permanent Residence but did not land.... However, my immigration attorney says that I have to get the visas renounced... in order to apply for regular tourist visas if I want them to travel along with me!

You cannot renounce something that was not completed such as an initial PR landing but you must answer truthfully any question that asks have you ever applied for any type of visa/work permit or PR when applying for anything in future. If you look at the renounce form you would not be able to answer the question on the date became a PR given the process was not completed

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp?countrySelect=JP#5781E4

Others can comment but the challenge might be putting forward an argument that ensures that immigration now do not think that they are travelling on a visit visa with intention of a long term stay given the previous history, but that is just my view but same as scylla comment earlier. No harm in trying though but first priority if you are outside of Canada is to ensure you continue to meet your PR residency obligation so that you can sponsor your family.

 

[canuck78]

Yes no need to renounce. Work with a different lawyer because he/she isn't knowledgeable. You will strugglw to get a TRV for your wife and chils given their previous PR application, your status and what sounds like a lack of ties to their home country like job and property in her name. You can always try. You need to make sure you move to Canada so that you are in compliance wirh your ROm

 

[scylla]

That's exactly what I thought.. they only got the Confirmation of Permanent Residence but did not land.... However, my immigration attorney says that I have to get the visas renounced... in order to apply for regular tourist visas if I want them to travel along with me!

Time to get rid of your lawyer. Hope you're not paying for this advice.