PRC Expires, Staying in Canada without Residency requirements of 730 days

[Eshah]

Hi,
I first landed in Canada on Sept 17, 2007, and then on November 11, 2009, went back to home country for some family reason. I got married there and applied for husband's sponsorship but his application was denied because of misrepresentation. He did not disclose that he had already applied for a student visa in 2000. The second time, I came back to Canada on June 20, 2012, and my son was born in Toronto on October 14, 2012. He (my son) became a Canadian citizen. During 2nd time staying in Canada, I renewed my PRC which expires on December 16, 2017. Again, due to family reason husband was in back home. I went back to the home country on Feb 16, 2013, with my son. The third time, I came back on September 25, 2016, and since then I have been working in a big Food chain business in Toronto.

I have following questions if someone can answer that will be greatly appreciated.

Q1. Since my PRC is going to expire on Dec 16, 2017, and I don’t meet the residency requirement of 730 days while my PRC expires. What is the best decision, should I apply for PRC although I don’t meet the residency requirement or let the PRC expires and apply when I will have 730 days in Aug 2018. Can I stay in Canada with expired PRC and without 730 days residency requirement?

Q2. My son who is Canadian born Citizen and currently staying with his father in the home country. Can my son be helpful to support my PRC residency requirement?

Q3. My understanding is that I cannot re-apply for my husband's sponsorship if I don't have valid PRC. is it correct?

Thanks for your help.
Regards
E. Shah

 

[scylla]

1) No - do not apply to renew your PRC without meeting the residency requirement. Remain in Canada until you meet the residency requirement and have lived in Canada for at least 730 days out of the last 5 years. Then apply to renew your PR status.
2) No - having a Canadian citizen son doesn't help you in any way.
3) You cannot sponsor your husband until you meet the residency requirement. If you try earlier, his application will be refused and CIC will initiate the process to revoke your PR status.

 

[scylla]

So based on the information you've provided - you'll qualify to renew your PR card in late September of 2018 (next year).

 

[sasimaskari]

Hi EShah,

I think you meet the residency requirement since you were living with your son who is a canadian citizen. Kindly follow the below link
http://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=727&top=4

Thanks

 

[Buletruck]

Unless one of the parents is a Canadian citizen and traveling with the child, it won't count.

 

[scylla]

Hi EShah,

I think you meet the residency requirement since you were living with your son who is a canadian citizen. Kindly follow the below link
http://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=727&top=4

Thanks

Incorrect. Read the information in your link again.

There's no such rule. Having a Canadian citizen son is of no help. This rule only applies if you are outside of Canada with your Canadian citizen spouse (or if you're a minor outside of Canada with your Canadian citizen parent).

If ti was that easy, everyone would just have a baby in Canada and then be able to live outside of Canada indefinitely and still keep PR.

 

[Eshah]

Incorrect. Read the information in your link again.

There's no such rule. Having a Canadian citizen son is of no help. This rule only applies if you are outside of Canada with your Canadian citizen spouse (or if you're a minor outside of Canada with your Canadian citizen parent).

If ti was that easy, everyone would just have a baby in Canada and then be able to live outside of Canada indefinitely and still keep PR.

Thanks, Scylla,
Thanks to all for your guidance.
What I have learned that having a Canadian Citizen son or daughter and living with parents outside Canada that will not be helpful for his mother or father if they don't meet the residency requirements. Canadian Citizen parents can help their son or daughter to count the residency requirements if they live outside of Canada but Canadian Citizen children cannot help their parents for residency requirements.

 

[scylla]

Thanks, Scylla,
Thanks to all for your guidance.
What I have learned that having a Canadian Citizen son or daughter and living with parents outside Canada that will not be helpful for his mother or father if they don't meet the residency requirements. Canadian Citizen parents can help their son or daughter to count the residency requirements if they live outside of Canada but Canadian Citizen children cannot help their parents for residency requirements.

That's correct. You've understood the rules correctly.