PR Obligation - Living outside Canada

[khan_khan]

Hi Leon/Everyone:

I have an immigrant visa (expires in Mar 2013) sponsored by Spouse from Montreal. Since we got married we have been living
in Pakistan. My spouse traveled to Canada for 2-3 months in between. I will visit Canada and will get my PR card.

Due to family commitments, I am not in a position to settle in Canada.

If I visit Canada before visa expiry and get my PR card and come back to Pakistan, provided that my spouse is also living with me in Pakistan:

Here are few queries in above context:

1. Do I need to fulfill 2/5 years requirement to meet residency obligations?
2. If I live for 4-5 years with my spouse in Pakistan, would I be able to visit Canada
3. Is there any proof we need to maintain to show to immigration office once we try to land in Canada
4. Can some one from Canada mail my PR card to Pakistan?

We have a child as well and living with us in Pakistan.

Please answer above queries. It is really getting difficult to make a decision in my current circumstances.

Kind regards
khan

 

[Leon]

1) You spending time with your Canadian spouse outside Canada has the same value at time spent in Canada towards the residency requirements. If you spend 2/5 years living with your spouse, you still meet the residency requirements.

2) Yes, if your PR card is still valid, you can just come and visit. If it expires, you must apply for a PR travel document at the embassy.

3) If you are both there and both of you state that you are married and have lived together, immigration could ask you to prove it. I am sure you can prove that you are married and some documents, mail sent to your house etc. could prove that you live together.

4) Yes, when your card arrives in the mail, her family can mail it to you.

 

[khan_khan]

Thanks Leon. Really helpful.

Embassy asked us to write them that

1. I will resign from my current job and will move to Canada
2. We ensure embassy that we have plans to settle down in canada

the issue here is that I am the only son who has to take care of my mother (my father died) and all sisters are married and two brothers are out of Pakistan. And on top of that my mother does not want to move with us since she is not comfortable in moving and on top of that she does not have visa yet (I will be applying for her visit visa in October). My worries are she will take things to her heart if I permanently move.

Can you please guide in this context and confirm that my PR will not be revoked if we live in Pakistan on permanent basis and occasionally visit Canada provided that I given entry, get my PR card and come back to pak.

 

[Leon]

Thanks Leon. Really helpful.

Embassy asked us to write them that

1. I will resign from my current job and will move to Canada
2. We ensure embassy that we have plans to settle down in canada

That is a little more iffy. Your wife is applying for you as a Canadian living overseas and must therefore prove that you will move to Canada when you get your PR.

There is another user on this forum worrying about his wife he is sponsoring losing her PR again because they are planning to go back after her landing and stay away for another 5 months before they eventually move to Canada, see http://www.canadavisa.com/canada-immigration-discussion-board/updated-topics/-t119561.15.html

Now, saying that you are going to move to Canada when you really have no plans to would be dishonest. Would it be misrepresentation.. maybe. However, truth be told, I haven't yet heard of a PR spouse losing their PR because they didn't move. Maybe it becomes an issue when you try to renew your PR card 5 years later. I really don't know.

 

[khan_khan]

Hi Leon,

<case background in start of this thread)

I am converging to some decision here. The plan goes like this:

1. Enter in Canada in March 2013
2. Stay in Canada for like 2 months
3. Get PR card (I think PR card would be issued within 2 months)
4. Come back to Pakistan with my wife (I have heard that Canada govt. wont allow this, is that true)
5. Live in Pakistan for say March 2014 ( around 1 year)
6. Go back in Canada in March 2014
7. Settle down in Canada

Is it do able, any complications?

I have to tell my employer about this plan and have to apply for 2 month leave (March 2013 - April 2013).

Can you please given me your expert opinion on this?

Regards
Khan

 

[Leon]

If you really are planning on settling in Canada but just have to complete a work contract or similar, I think it is fine.

Land in March, stay for 2 months. Maybe it is enough to get your card, maybe not but if you have a secure address, they can mail you the card. Go back and finish your work contract, then come back when you are ready.

 

[khan_khan]

Thanks Leon. Really appreciate that.

 

[khan_khan]

Hi Leon,

Can immigration officer ask me that you resigned before giving entry in Canada or not? Or ask proof for resignation etc.

The 1 year period (step 5 and 6) I am planning to save some money here in my home country and then settle down in Canada permanently.

Following text I mentioned to CIC while my case was in process, since they asked for it before visa issuance:

"With reference to the letter I received from Canadian Embassy Islamabad, I want to inform you that I will be resigning from my current employer in case I receive my immigration (Permanent Residence) and move to Canada."

I am worried if immigration asked for such proof what I would say.

Regards
Khan

 

[Leon]

I very much doubt they will ask for any such proof.

 

[khan_khan]

Thanks Leon

 

[khan_khan]

Hi Leon,

Keeping in view the context (giving entry and come back to pak):

Shall I purchase return ticket or one way. Will immigration ask me about ticket etc. If I travel on return ticket, can it be a problem for me while immigrating in Montreal Airport.

My plan was to travel on one way ticket to give entry and then purchase one way ticket back for Pakistan from Montreal. But this is way expensive than I buy return ticket at first hand.

Please advise.

khan