PR Card due to expire in 2017 - wife and kids haven't fulfilled PR Obligations

[xocomil]

Hey there.

I'm a Canadian citizen. I grew up in Canada but left in 2000, and have only been back for around a year since then (I'm a journalist and have worked in the UK, Middle East and now Central America)

I came back to Canada with my wife and kids in 2010 whereupon I sponsored them in the PR process (my kids were both born outside of Canada, as was I, so kids are 2nd generation born abroad and weren't entitled to automatic citizenship). However, I couldn't find a decent job in journalism so we headed south before the process was completed.

Long story short, we got the PR cards, but still haven't made the move to Canada (I've got a good gig freelancing where I've based myself and my famil). Their cards expire towards the end of 2017, and we're still not sure if we'll move back before then or not.

Last time we went back (xmas 2015) one immigration officer at the airport saw the date on the cards and got in a huff saying my family hadn't completed their obligations and he could report them. He sent us to another window where a much calmer man told us we were absolutely fine, and that as long as we were all living together while outside of Canada and could prove it (rental contract with mine and my wife's name from the house where we're living now, local bank account with both our names) then we have no problem. He said just to get immigration know when we plan to move back.

However, part of me also considers how quickly things can change re: immigration, and that we should get our butts back to CAN next fall before the cards expire. But then my understanding is that my wife and kids couldn't leave for 2 years (so no trips to the UK to visit her mom).

Thoughts?

 

[canuck_in_uk]

Hi

The second officer was correct. As long as your spouse and children are residing with you while out of Canada, those days count towards meeting the Residency Obligation. Their PR status is absolutely fine.

There is no need to return before the cards expire. They can apply for PRTDs to return to Canada. There is also no need to remain in Canada for 2 years. That is only for people who don't meet the RO.

 

[Bs65]

All detailed here what proof you need to maintain whilst outside of the country http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

 

[xocomil]

Thank you both for your replies. I'm not quite sure that I understand completely. It appears as long as we are all living together, that even if we're outside of Canada, that my wife and kids have met their requirements. Does that sound right?

What is the next step along the path to citizenship in that case? Or do we need to move back (possibly using PR Travel Documents if the PR cards have expired) and then apply for citizenship? Or apply for another PR card and then live in Canada for 2 years?

Also, this line from the CIC website: "proof of the residential addresses of the person you are accompanying for the five (5) years before the application" would be for the places we've been renting outside of Canada correct? I could also include my kid's school records from the past 5 years. Canadian tax-related info I don't have ...

 

[Rob_TO]

What is the next step along the path to citizenship in that case? Or do we need to move back (possibly using PR Travel Documents if the PR cards have expired) and then apply for citizenship? Or apply for another PR card and then live in Canada for 2 years?

Unlike living with a citizen spouse outside Canada to maintain PR RO, rules for citizenship are different. To qualify for Canadian citizenship you must have physical residency in Canada. Right now its 4 years out of 6 (but this may change to 3 years).

Regardless, your wife will need to physically move back to Canada to even start the qualifying time.

 

[Leon]

As others have said, the PR status of a spouse accompanying a Canadian citizen is protected so if you do move to Canada, your wife can apply to renew her PR card right away. She does not have to wait for 2 years.

Your kids PR status is protected accompanying a Canadian parent as long as they are minors which for immigration right now is age 19.

If you move to Canada, your wife would still have to qualify for citizenship by staying for currently 4 years which may be changed to 3 in the near future.

You could however apply for your kids citizenship as soon as you have arrived because minor children (under 18 this time) do not have to meet the residency requirement to apply for citizenship as long as their parent applies for them. The parent must either already be a citizen (which you are) or the parent is a PR who is eligible to apply himself and is applying himself at the same time.

If you choose not to move to Canada before the PR cards expire, you can apply for multiple entry travel documents in order to visit. Immigration issues multiple entry travel documents in certain cases, see http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp near the bottom of the page:

What if I am living outside Canada on a long-term basis?

Usually, PRTD counterfoils are issued for a single entry to Canada. However, you can request a long-term multiple entry PRTD if you:

* meet the residency obligation; and
* are living outside Canada on a long-term basis (for example, if you are a permanent resident accompanying your Canadian citizen spouse).

Include a cover letter that explains your circumstances and requests a multiple entry PRTD.

Multiple entry PRTD’s cannot extend beyond the expiry date of your passport.

 

[xocomil]

Ok thanks all. Very helpful!

I presume the family could still travel to Canada for a visit before their PR cards expire, without the need of the PRTD. I imagine I'd have to explain the situation at the airport's immigration, as I did last time, but I'm ok with that.

 

[Leon]

Ok thanks all. Very helpful!

I presume the family could still travel to Canada for a visit before their PR cards expire, without the need of the PRTD. I imagine I'd have to explain the situation at the airport's immigration, as I did last time, but I'm ok with that.

Right. For your next entry, you may want to print out a couple of pages of this document: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf or especially section 5.1 on page 11 and 6.1 on page 15:

5.1 Legislative basis – Residency obligation
...
Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:

 is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
 is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
 is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

6.1 Accompanying outside of Canada

A28(2)(a) (ii) and (iv) provide that each day a permanent resident is outside of Canada accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent with whom they ordinarily reside, it is deemed a day of physical presence in Canada.

 

[xocomil]

Great thanks Leon. That's make things smoother.