PR status expiry

[rambo1982]

Hi everyone,

I'm seeking advice on a situation involving my cousin’s Canadian PR status. She and her husband obtained PR in 2019,landed in Canada, and then returned to Dubai for work shortly after. Their daughter was born in Dubai the following year,and they subsequently divorced.

My friend plans to move back to Canada in November 2024 with her daughter and mother. She intends to apply for PR for her daughter and mother upon arrival. However, she's concerned about her own PR status due to not meeting the residency requirements. Her PR card expires in December 2024.

Has anyone faced a similar situation? Can she re-establish residency upon her return? Any advice would be greatly appreciated.

Thanks in advance!

 

[Naturgrl]

Hi everyone,

I'm seeking advice on a situation involving my cousin’s Canadian PR status. She and her husband obtained PR in 2019,landed in Canada, and then returned to Dubai for work shortly after. Their daughter was born in Dubai the following year,and they subsequently divorced.

My friend plans to move back to Canada in November 2024 with her daughter and mother. She intends to apply for PR for her daughter and mother upon arrival. However, she's concerned about her own PR status due to not meeting the residency requirements. Her PR card expires in December 2024.

Has anyone faced a similar situation? Can she re-establish residency upon her return? Any advice would be greatly appreciated.

Thanks in advance!

So how is mother moving with her? Does daughter have TRV to come to Canada? Do either of them meet residency obligations to renew PR? If not, they cannot sponsor daughter until they meet RO. If they apply for child’s PR before meeting RO it will trigger the cancellation of their PR. Make sure daughter has private health insurance because will not be covered until PR.

 

[scylla]

Hi everyone,

I'm seeking advice on a situation involving my cousin’s Canadian PR status. She and her husband obtained PR in 2019,landed in Canada, and then returned to Dubai for work shortly after. Their daughter was born in Dubai the following year,and they subsequently divorced.

My friend plans to move back to Canada in November 2024 with her daughter and mother. She intends to apply for PR for her daughter and mother upon arrival. However, she's concerned about her own PR status due to not meeting the residency requirements. Her PR card expires in December 2024.

Has anyone faced a similar situation? Can she re-establish residency upon her return? Any advice would be greatly appreciated.

Thanks in advance!

She is a minimum of three years away from qualifying to sponsor her mother for PR, likely longer. So that part of the plan is not going to work.

For sponsoring her daughter, it is recommended that she wait until she meets the residency obligation before submitting the application. This is the safest path. Although we've seen people here be successful without meeting the residency obligation.

 

[rambo1982]

Yes, both my cousin’s daughter and her mother will be coming on visitor visas. They have secured TRVs. The main concern is my cousin’s PR status since she won't meet the residency requirement.

I'm wondering if there's a possibility to renew the PR card even without fulfilling the residency requirement, or if there are any other options to consider.

Any insights or experiences would be greatly appreciated.

 

[scylla]

Yes, both my cousin’s daughter and her mother will be coming on visitor visas. They have secured TRVs. The main concern is my cousin’s PR status since she won't meet the residency requirement.

I'm wondering if there's a possibility to renew the PR card even without fulfilling the residency requirement, or if there are any other options to consider.

Any insights or experiences would be greatly appreciated.

She would need to renew the PR card under H&C if she wants to renew without meeting RO. This is risky unless she has very strong H&C reasons for having remained outside of Canada. If IRCC does not accept her reasons, this can result in her losing her PR status and having to leave Canada.

 

[scylla]

Yes, both my cousin’s daughter and her mother will be coming on visitor visas. They have secured TRVs. The main concern is my cousin’s PR status since she won't meet the residency requirement.

I'm wondering if there's a possibility to renew the PR card even without fulfilling the residency requirement, or if there are any other options to consider.

Any insights or experiences would be greatly appreciated.

And just to be clear, even if she manages to renew her PR card early, it's still going to be 3+ years before sponsoring her mother will be possible.

 

[Naturgrl]

Yes, both my cousin’s daughter and her mother will be coming on visitor visas. They have secured TRVs. The main concern is my cousin’s PR status since she won't meet the residency requirement.

I'm wondering if there's a possibility to renew the PR card even without fulfilling the residency requirement, or if there are any other options to consider.

Any insights or experiences would be greatly appreciated.

So mother is not moving to Canada, just visiting for up to 6 months or as determined upon entry. If not approved, mother needs to show her own funds, ties to return (job letter with approved leave, investment properties, business, children under 22) and travel history.

For her daughter, there is a chance that TRV will not be approved because she is not coming as a visitor. So tell your cousin there is a chance it will be refused. If refused, one parent must be in Canada and meet RO to start PR process for child.

It is not advisable to apply to renew until meeting RO. She was only in Canada for a short time so very good chance it will not be approved.

 

[scylla]

So mother is not moving to Canada, just visiting for up to 6 months or as determined upon entry. If not approved, mother needs to show her own funds, ties to return (job letter with approved leave, investment properties, business, children under 22) and travel history.

For her daughter, there is a chance that TRV will not be approved because she is not coming as a visitor. So tell your cousin there is a chance it will be refused. If refused, one parent must be in Canada and meet RO to start PR process for child.

It is not advisable to apply to renew until meeting RO. She was only in Canada for a short time so very good chance it will not be approved.

OP said they have already secured TRVs.

 

[Naturgrl]

OP said they have already secured TRVs.

Didn’t catch that. Also missed that she is divorced so assume she has full custody of the child. Still mother is just a visitor and not coming to live in Canada.

 

[scylla]

Didn’t catch that. Also missed that she is divorced so assume she has full custody of the child. Still mother is just a visitor and not coming to live in Canada.

I missed the divorce bit. So you are right, needs full legal custody or the other parent's written consent.

 

[canuck78]

Your cousin needs to be evaluating whether she can live in Canada without her mother. Has she looked into the cost of living and daycare? A TRV doesn’t guarantee entry into Canada. If there are concerns that her mother is trying to move to Canada with her she could easily be denied entry. Even if she is able to enter Canada and visit she will only be given an up to 6 month stay so your cousin still needs a plan to live as a single parent. Parent sponsorship is not guaranteed and even if she qualifies to sponsor her mother after 3 years after meeting a certain income requirement. She will competing with be competing with a couple hundred thousands of others trying to secure a limited number of parent sponsorship spots. Could be 10+ years to sponsor and may never be possible.

 

[rambo1982]

She would need to renew the PR card under H&C if she wants to renew without meeting RO. This is risky unless she has very strong H&C reasons for having remained outside of Canada. If IRCC does not accept her reasons, this can result in her losing her PR status and having to leave Canada.

Appreciate the information. Who typically assists with H&C applications?

 

[rambo1982]

Didn’t catch that. Also missed that she is divorced so assume she has full custody of the child. Still mother is just a visitor and not coming to live in Canada.

mother intends to apply for permanent residency eventually and plans to stay with my cousin and her daughter.

 

[Naturgrl]

mother intends to apply for permanent residency eventually and plans to stay with my cousin and her daughter.

How is she eligible for PR? And if so why has she not done so? Does she have Master/PhD, fluent in French and English, skilled work experience. She can stay up to 6 months or less if CBSA determine she is trying to live in Canada. Canada is not a long term solution.

 

[rambo1982]

I missed the divorce bit. So you are right, needs full legal custody or the other parent's written consent.

Got it. Thanks for pointing that out