PR OBLIGATION

[jevan2007]

Hi,

I have inquiry about PR as follows;

We received our PR status February 2012 and return back home the following month since then, I haven't come back to Canada. Then year 2013 we have our first child, IS IT POSSIBLE TO SPONSOR HIM THOUGH I AM OUTSIDE CANADA? Should I go back first to Canada to sponsor my son?

My last employment in Canada is 2011 and as part of requirement in sponsoring is to submit my T4 for the past 12 months what document can I replaced my T4's?

Does my PR VISA is forfeited since I have stay out in Canada for 2 1/2 years?

Hope you can help me out.

Thank you very much.

 

[Leon]

As a PR, you must be residing in Canada in order to sponsor a member of your family. Therefore, you must go back. 2 and a 1/2 years outside is ok but you may not exceed 3 years outside, otherwise, you lose your PR status.

You should try to return as soon as you can and make sure that your combined days outside Canada since getting PR do not exceed 1095 days.

As for bringing the child, if it is visa exempt to Canada, no problem. If it needs a visa, apply for a TRV first stating that you want to bring your child to Canada to sponsor. If refused, apply for a TRP stating humanitarian reasons for why your child must stay with you.

There is no specific income requirement to sponsor a child but it helps if you already have a job in Canada when you apply. In that case, explain that you don't have T4's but include pay slips or a bank letter from your employer.

 

[RajaRaja]

As a PR, you must be residing in Canada in order to sponsor a member of your family. Therefore, you must go back. 2 and a 1/2 years outside is ok but you may not exceed 3 years outside, otherwise, you lose your PR status.

You should try to return as soon as you can and make sure that your combined days outside Canada since getting PR do not exceed 1095 days.

As for bringing the child, if it is visa exempt to Canada, no problem. If it needs a visa, apply for a TRV first stating that you want to bring your child to Canada to sponsor. If refused, apply for a TRP stating humanitarian reasons for why your child must stay with you.

There is no specific income requirement to sponsor a child but it helps if you already have a job in Canada when you apply. In that case, explain that you don't have T4's but include pay slips or a bank letter from your employer.

Hi there,
I have a similar case I & my wife have a PR status since April 2012 but left CANADA in next month after landing. My Wife and I got our first baby in 2013 after a long medical treatment (which was going on before we first landed in Canada). We got 2nd baby in Jan 2015. Now we want to go back to Canada but are left with only 1.5 months to complete the minimum PR RO.

As time is short I cannot go first and sponsor my kids, My wife must go with me to inorder to meet her PR RO.
As my children are just 3 months & 2 years old respectively, we cannot leave them alone in my Home country.

What to do to take my children along with us in first trip to canada, reach there and then Sponsor them.

Also please help me clarify, My PR card expires in June 2017 and where as my first five years of Landing gets over in April 2017. so how to calculate the 730 days, based upon PR card expiry date or Based upon landing date.

 

[Leon]

Hi there,
I have a similar case I & my wife have a PR status since April 2012 but left CANADA in next month after landing. My Wife and I got our first baby in 2013 after a long medical treatment (which was going on before we first landed in Canada). We got 2nd baby in Jan 2015. Now we want to go back to Canada but are left with only 1.5 months to complete the minimum PR RO.

As time is short I cannot go first and sponsor my kids, My wife must go with me to inorder to meet her PR RO.
As my children are just 3 months & 2 years old respectively, we cannot leave them alone in my Home country.

What to do to take my children along with us in first trip to canada, reach there and then Sponsor them.

Also please help me clarify, My PR card expires in June 2017 and where as my first five years of Landing gets over in April 2017. so how to calculate the 730 days, based upon PR card expiry date or Based upon landing date.

Actually, you don't have 1.5 months in order to meet the RO. The first 5 year period you have to meet the RO is for your first 5 years as a PR and you became a PR when you landed in April 2012. You say you stayed for a month so I suppose you left sometime in May 2012. You are allowed a maximum of 3 years outside Canada (1094 days) so if you are able to return before you reach 3 years outside, you are still ok.

If your kids are visa exempt to Canada, you can just take them along. If not, you have no choice but to split up your family and for you to go to Canada alone and start sponsorship of your children while your wife stays with the children and tries to apply for their TRV or TRP.

If you are that close to not meeting the RO, you simply don't have the time to stay together while you wait for the visas for the kids or you will put your PR at risk.

If she is unable to secure visas for the children, you will have to stay separated until the sponsorship goes through.

If you are already unable to meet the RO for your first 5 years as a PR, even if you manage to enter Canada without getting reported, you will have a problem sponsoring your children as immigration will most likely examine your status at the same time.

Therefore, if you are still able to return to Canada before you've spent 3 years outside, do it. This is not a time to do things half-way. If you want to keep your PR, you have to commit now, even if it means separating your family for some months.

In the end, if you manage to sponsor the kids, your wife will either be forgiven because of H/C grounds of staying outside Canada while the kids couldn't get a visa or worst case if she loses her PR, you can sponsor her for PR again as long as you meet the RO yourself.

 

[RajaRaja]

Thanks for advice.
Any comment on this " My PR card expires in June 2017 and where as my first five years of Landing gets over in April 2017. so how to calculate the 730 days, based upon PR card expiry date or Based upon landing date."

At POE, will I get addtional 2 months allowance looking at the expiry date of PR card.

-----------------------------------

- please advice what could be the time line for getting PR for my kids if start the process by this month end.
- I am also worried about the my eligibility to sponsor my kids as I never had a job in Canada. hence no payslip of Canadain Bank record to prove my financial sound ness... does my bank statement from Home country suffice.
-Do I need to prove to the CIC that I have got more ties with Canada then actual what I have, just to become eligible to sponsor my kids.

- can I apply for sponsorship Immediately upon reaching Canada ,,, I mean at the airport itself.

Please guide me.

 

[dpenabill]

Thanks for advice.
Any comment on this " My PR card expires in June 2017 and where as my first five years of Landing gets over in April 2017. so how to calculate the 730 days, based upon PR card expiry date or Based upon landing date."

At POE, will I get addtional 2 months allowance looking at the expiry date of PR card.

Reminder: the validity or expiry date of a PR card is NOT relevant in assessing compliance with the PR Residency Obligation (except to extent POE officers might exercise discretion to be lenient).

The PR RO is actually quite simple and straight-forward: to be in compliance, a PR must not be absent from Canada for more than 1095 days within the previous five years . . . or since the date of landing if the date of landing is less than five years ago.

For a PR who has been a PR less than five years, the key date is the date of landing; that PR has until the 5th year anniversary of the date of landing to be resident in Canada at least 730 days . . . which again simply means that the PR cannot be outside Canada for 1095 or more days within the first five years.

Thus, no, there is no grant of an additional allowance based on the date a PR card expires.

To be clear, for a PR who landed in April 2012 and left Canada within 30 days of the landing, and has not returned to Canada since, that PR will be in breach of the PR Residency Obligation by the end of this month . . . when he or she has been outside Canada for 1095 or more days since leaving Canada back in 2012.

There are reports that PRs returning to Canada with nearly two years or so left on their first PR card are some times treated leniently at the POE, the officers allowing some leeway, particularly if it is clear that the PR's settlement in Canada was delayed but he or she is now coming to settle permanently in Canada.

There is no guarantee of such leniency. The reports may not reflect more recent enforcement trends by CBSA (I strongly suspect they don't). Obviously, the bigger the breach (the more over 1095 days of absence), the greater the risk the POE officers will not be lenient, but will issue the 44(1) Report followed by a Removal Order, which unless successfully appealed will result in the loss of PR status.

Based on your post in the topic about working abroad, be aware that to be eligible to sponsor family members, a PR must be residing IN Canada. The sponsor must continue to be eligible throughout the application process. If you were to come to Canada, file the application to sponsor your children, then leave Canada to work abroad, you would no longer be eligible to sponsor and that would ordinarily lead to the termination or denial of the family class sponsored applications for dependent children.

 

[Leon]

Thanks for advice.
Any comment on this " My PR card expires in June 2017 and where as my first five years of Landing gets over in April 2017. so how to calculate the 730 days, based upon PR card expiry date or Based upon landing date."

At POE, will I get addtional 2 months allowance looking at the expiry date of PR card.

-----------------------------------

- please advice what could be the time line for getting PR for my kids if start the process by this month end.
- I am also worried about the my eligibility to sponsor my kids as I never had a job in Canada. hence no payslip of Canadain Bank record to prove my financial sound ness... does my bank statement from Home country suffice.
-Do I need to prove to the CIC that I have got more ties with Canada then actual what I have, just to become eligible to sponsor my kids.

- can I apply for sponsorship Immediately upon reaching Canada ,,, I mean at the airport itself.

Please guide me.

As I wrote, your first 5 year period you have to meet the RO would be from your landing date until 5 years later. After you have been a PR for more than 5 years, it is from any day counting backwards 5 years.

You will not get an extra 2 months in order to meet the RO because it's a 5 year period, not a 5 year and 2 month period. As dpenabill said, some immigration officers may be lax because you still have 2 years left on your PR card. However, you would in that case not meet the RO and would not be able to sponsor your children without attracting attention to that fact when you fill out your address history.

Your timeline for sponsorship would be that first you need to be in Canada and you need to meet the RO. If these two conditions are met, you can file for sponsorship. It will most likely take at least a few months to process your sponsorship but could be longer depending on your home country visa office and their workload. It can in some cases take a year or two.

You do not have to meet any specific income requirements to sponsor your children but it would be better if you already have a job because you do not want immigration to think that you will end up on welfare when your family arrives.

You do not need to prove that you have ties to Canada in order to sponsor your kids but you need to reside in Canada throughout the processing time and you need to meet the RO yourself.

You can not apply for sponsorship at the airport. You must fill out many application forms and send the application package via mail or courier to the appropriate processing office as per instructions.

 

[RajaRaja]

Thanks dpenabill & Leon... very useful advise.