Primary Sponsor returning in time - Wife returning later

[canpr2011]

Hi All,

My wife & I are PR card holders since August 2011, but we have been living outside the country for about 2 years now. I am the sponsor & plan to return before my 3 year ends i.e. by August 2014, however my wife might not be able to return in time, she might be delayed by 6 months or more due to medical reasons specifically related to assisted pregnancy treatment. Her PR card has a validity till Nov 2016, however our landing was in August, hence I realize the calculation is based from August 2011 - August 2014.

My question is what are the options for my wife to return after august 2014, provided I am already back in Canada by then. Do we need to seek legal assistance or are there any exemptions for medical reasons available.

On a far fetched thought hoping all goes well with the treatment & assuming my wife delivers a baby outside canada say sometime in 2015 & wishes to return before her PR card expiry date of Nov 2016, will I be able to apply for a PR for the baby & they both return without any issues.

Awaiting your advice.

 

[zardoz]

Because assisted pregnancy treatment is elective, I doubt that CIC will give any H&C exemption for it.

You might end up appealing for her PR if she is reported for not meeting the residency obligation requirements.
If she doesn't win, you can then sponsor her and any children again.

 

[canpr2011]

Thanks Zardoz, If i understand you correctly, it means at the airport the border officer reports on landing, upon which we would have a month to contest. However if we don't win then she would have to move out of Canada & wait for me to sponsor her back.

Normally how long would the wait be for re-sponsoring be & any challenges I need to be aware of during re-sponsoring. Is there any way she can wait it out in Canada while the re-sponsoring is happening.

Any child born while you maintain a legal PR status in Canada can always be applied under a normal PR process at the Canadian embassy in the country of birth of the baby - right ?