PR residency OB NOT MET !

[Sarah2017]

Hello,

I got my pr card while I was in Canada ( I spent 5 years as a student and another 4 years as a worker BEFOR i got my PR)

shortly once I received my card I went back to get married and a lot has had happened that was leading to weeding postponed ( father death )

and we could not apply for my husband visa because we were not married yet !

We got married 2 years after I got my pr ( which was spent outside of canada due to father being sick and suddideath plus marriage arrangements)

now we just received my husband visa ! but my PR EXPIRES ON APRIL 2024
is there a way to ask for pr extension even if i didn't meet RO
and can we both enter Canada ?

 

[Naturgrl]

Hello,

I got my pr card while I was in Canada ( I spent 5 years as a student and another 4 years as a worker BEFOR i got my PR)

shortly once I received my card I went back to get married and a lot has had happened that was leading to weeding postponed ( father death )

and we could not apply for my husband visa because we were not married yet !

We got married 2 years after I got my pr ( which was spent outside of canada due to father being sick and suddideath plus marriage arrangements)

now we just received my husband visa ! but my PR EXPIRES ON APRIL 2024
is there a way to ask for pr extension even if i didn't meet RO
and can we both enter Canada ?

Just enter Canada before April. Don’t need an extension.

 

[canuck78]

Hello,

I got my pr card while I was in Canada ( I spent 5 years as a student and another 4 years as a worker BEFOR i got my PR)

shortly once I received my card I went back to get married and a lot has had happened that was leading to weeding postponed ( father death )

and we could not apply for my husband visa because we were not married yet !

We got married 2 years after I got my pr ( which was spent outside of canada due to father being sick and suddideath plus marriage arrangements)

now we just received my husband visa ! but my PR EXPIRES ON APRIL 2024
is there a way to ask for pr extension even if i didn't meet RO
and can we both enter Canada ?

Your bigger issue is the fact that you shouldn’t sponsor your spouse if not compliant with your RO because it could lead to further investigation about your lack of compliance. Looks like you are close to a year short of meeting RO. You should return as fast as possible. In general the earlier you return the better. Would make sure you bring proof of your father’s illness including hospitalizations, etc. and proof of why you couldn’t return to Canada during his illness. Anything related to marriage other than the wedding shouldn‘t have prevented you from being compliant with your RO or returning to Canada. Assume you informed CRA when you left Canada and also informed the provincial health authority. If you didn’t inform CRA you may have received payments that you will have to repay. You will need to reapply for a new health card when you return even if you have a valid health card because you have to also be compliant with the residency requirement to qualify for healthcare. In many provinces your spouse will not qualify for healthcare so depending on the province they should take out private health insurance to cover emergencies. When returning to Canada you can
call CRA to notify them of your return to Canda.

 

[Sarah2017]

I will go back as soon as the passport stamped.
would waiting for the visa to be issued is a valid reason ?

also how can I regain my status once we enter Canada ?

 

[scylla]

I will go back as soon as the passport stamped.
would waiting for the visa to be issued is a valid reason ?

also how can I regain my status once we enter Canada ?

Once you return to Canada, you will need to live there until you meet the residency obligation. Then you will be able to apply to renew your PR card.

 

[Sarah2017]

so it will be legal to live and work with expired PR ?

I will not receive deportation? or face any problem entering?

 

[Ponga]

so it will be legal to live and work with expired PR ?

I will not receive deportation? or face any problem entering?

Only your PR CARD expires; PR STATUS does not, but can be lost for not meeting the Residency Obligation.

You may face problems entering IF the CBSA officer sees that you have not met your R.O. but even then, you will NOT be denied entry into Canada.

It appears that your PR Card was issued in April of 2019, correct? That means that if you left `shortly' thereafter (no idea what that really means) you probably only have [whatever number of days you remained in Canada before leaving] which could be a couple of weeks...a couple of months towards your Residency Obligation of 730 days for each (and every) rolling 5 year window. If your card was issued on 01 April 2019, you have until 01 April 2024 to accrue 730 days (or more) of residency to maintain your PR status, but we have no way of knowing how many days you have as of today. Do you know the exact date that you left?

The worse case scenario would be that the CBSA officer issues a 44(1) report which could then lead to your PR status being revoked but it does not happen on the spot. Having said that...don't panic. I'm merely answering your second question. Hopefully, if this is discovered, the officer will question you as to why you will not meet the R.O. and will then allow you to enter without taking any action.

Good luck!

 

[canuck78]

I will go back as soon as the passport stamped.
would waiting for the visa to be issued is a valid reason ?

also how can I regain my status once we enter Canada ?

Waiting for your spouse to get their passport stamped and to get married before returning to Canada was not the best idea. Since you are now not compliant with your RO you potentially put your PR status at risk if you apply to sponsor your spouse before becoming compliant with your RO. Your spouse may get a TRV but he may have difficulty remaining in Canada until you become compliant with your RO again which will take 2 years probably. I would suggest not delaying your return and coming to Canada as soon as possible. When did you leave Canada and when did you land as a PR? When did your father pass? I would travel with proof of his diagnosis, any records of hospitalizations, obituary or funeral program, etc. If he passed fairly recently and you have proof that he has been very ill since January 2019 you will have proof of H&C circumstances if you are questioned at border about the fact that you have not been compliant with your RO. When did you get married? Waiting for your spouse to get a TRV or waiting to get married would not be viewed as reasons to delay return to Canada when you are not compliant with your RO. In general if you are no compliant with your RO for H&C reasons you should show that you returned to Canada as soon as possible once the exceptional situation was no longer a factor. After rereading your post it appears that you actually left Canada after receiving your PR to get married and not because your father was ill which changes the situation. How long had you been in your home country before your father got ill and passed away? It appears as though it may have been around a year since you got married and instead of returning to Canada you remained abroad. The majority of PRs return to Canada soon after marriage to start the sponsorship process. Not being compliant because you returned home to plan a wedding and get married would not be an H&C circumstance.