PRTD for spouse PR obligation not met

[Raj chandigarh]

hi everyone
Backround status:

trevelled to canada in 2013 with spouse and 2 kids

spouse went back along with kids after 40 days stay

My mother had major total knee replacement surgery in 2014 so i went back too.

came back along with my elder son canada in 2015.

My spouse and my younger kid never returned for some reasons.
Point of Interest:

want to apply for PRTD for kid and spouse living outside canada.

what is more feasible.

1. renounce of PR and apply for spousal PR
2. renounce of PR and apply for visitor visa and open work permit and PR
3. PRTD on H&T ground as my son want to come sooner he is just 10 and want to live here. and my wife could not come because she is taking care of my mother.

thanks

 

[zardoz]

hi everyone
Backround status:

trevelled to canada in 2013 with spouse and 2 kids

spouse went back along with kids after 40 days stay

My mother had major total knee replacement surgery in 2014 so i went back too.

came back along with my elder son canada in 2015.

My spouse and my younger kid never returned for some reasons.
Point of Interest:

want to apply for PRTD for kid and spouse living outside canada.

what is more feasible.

1. renounce of PR and apply for spousal PR
2. renounce of PR and apply for visitor visa and open work permit and PR
3. PRTD on H&T ground as my son want to come sooner he is just 10 and want to live here. and my wife could not come because she is taking care of my mother.

thanks

All 3 options could work. They all have advantages and disadvantages to them. Number 1 may turn out to to be the quickest.

 

[Wolfpmd3]

Could you clarify?

What is everyone's status in Canada? When you came in 2013, 15 you were PR? or what?

Please take some time to rephrase your writing or I doubt you will be getting any responses. It is very hard to follow what you want to say.

 

[canuck_in_uk]

hi everyone
Backround status:

trevelled to canada in 2013 with spouse and 2 kids

spouse went back along with kids after 40 days stay

My mother had major total knee replacement surgery in 2014 so i went back too.

came back along with my elder son canada in 2015.

My spouse and my younger kid never returned for some reasons.
Point of Interest:

want to apply for PRTD for kid and spouse living outside canada.

what is more feasible.

1. renounce of PR and apply for spousal PR
2. renounce of PR and apply for visitor visa and open work permit and PR
3. PRTD on H&T ground as my son want to come sooner he is just 10 and want to live here. and my wife could not come because she is taking care of my mother.

thanks

Given your son's age and the fact that you reside in Canada, his chances of PRTD approval are better than your wife's. She has little chance of getting a PRTD, as there does not appear to be H&C grounds.

Another option is for them to get US visas and enter Canada by land hoping to not get reported.

 

[canuck_in_uk]

Could you clarify?

What is everyone's status in Canada? When you came in 2013, 15 you were PR? or what?

Please take some time to rephrase your writing or I doubt you will be getting any responses. It is very hard to follow what you want to say.

It is actually pretty simple to follow.

 

[Raj chandigarh]

Given your son's age and the fact that you reside in Canada, his chances of PRTD approval are better than your wife's. She has little chance of getting a PRTD, as there does not appear to be H&C grounds.

Another option is for them to get US visas and enter Canada by land hoping to not get reported.

thanks for ur prompt reply

my opinion was to go with PRTC for kid and wife on H&C grounds

• describe the extent of any hardship the loss of residency status would cause to:
  • yourself;
  • family members who would be directly affected by this decision; and
  • the best interests of any child directly affected by this decision, if this applies to you.

Beyond reasonable doubts it was her decision to stay back with younger child. but now he( my younger son) has grown up and insisting her mother to quit her job ( which she has left recently) and take him to canada to his father and elder son. it is in the best interest of him to come here and live. moreover half of my family is here and half is in India and full family wants to unite. keeping this in mind I consider that VO could consider these points before taking any adverse decision. moreover my elder son wants his mother here to attend his graduation ceremony later this year.

do you think it could work
thanks

 

[Raj chandigarh]

Could you clarify?

What is everyone's status in Canada? When you came in 2013, 15 you were PR? or what?

Please take some time to rephrase your writing or I doubt you will be getting any responses. It is very hard to follow what you want to say.

sorry dear
i think if i am talking about renounce of PR it meant we all were PR on my first visit.
to clarify little more, Yes all were PR 2013 first visit. PR of spouse and younger kid expires in 2018
thanks

 

[canuck_in_uk]

thanks for ur prompt reply

my opinion was to go with PRTC for kid and wife on H&C grounds

• describe the extent of any hardship the loss of residency status would cause to:
  • yourself;
  • family members who would be directly affected by this decision; and
  • the best interests of any child directly affected by this decision, if this applies to you.

Beyond reasonable doubts it was her decision to stay back with younger child. but now he( my younger son) has grown up and insisting her mother to quit her job ( which she has left recently) and take him to canada to his father and elder son. it is in the best interest of him to come here and live. moreover half of my family is here and half is in India and full family wants to unite. keeping this in mind I consider that VO could consider these points before taking any adverse decision. moreover my elder son wants his mother here to attend his graduation ceremony later this year.

do you think it could work
thanks

You guys were fine living apart for the past 3-4 years, so trying to argue now that it is best interests of the child is convenient for you but not H&C.

Your wife made her decision and cannot argue H&C for that.

 

[Wolfpmd3]

Using H&C reason to get their PR back might be risky. This in the sense that your wife decided to go back knowing she would not meet her PR obligations and therefore not being able to renew it when the time came. It might work for your child but it is hard to say since at the end these cases are highly subjective and there are no clear guidelines that are followed.

Attending your son's graduation ceremony can be easily accomplished using a Visitors Visa which I am sure she would easily qualify for, so I would not consider a good enough reason.

Also, keep in mind that when you apply for PR and are married you still have the option to do it for yourself only without including your spouse in your application so this is for sure not an uncommon scenario. Also remember that applying to restore their PR status through C&H reasons might be a painfully lengthy process.

I think you have 2 good options:

• Sponsor your wife and son, you should very easily be able to proof your relationship is legitimate, of course.
• Get her to apply for PR and bring your son as her dependent. However, she will need to make sure to be able to fulfill all the requirements on her own (language, education, work experience, etc)
• For the former 2 she will need to previously submit an application to voluntarily renounce to her PR status. Remember you never actually loose your PR status until you renounce to it (not that you can do anything with if you had not met your obligations)

Hope this helps a bit.

 

[canuck78]

You guys were fine living apart for the past 3-4 years, so trying to argue now that it is best interests of the child is convenient for you but not H&C.

Your wife made her decision and cannot argue H&C for that.

A knee replacement takes max 3 months of recovery. Your wife has been working in India so she hasn't been caring for an ill family member. Your son and wife could have returned when they were compliant with their RO or at least when they still had a valid PR card. Are you still in a relationship with your wife? Have you been returning to India regularly. There is likely to be some concern that you are no longer in a relationship given your longterm living situation that resembles a divorced couple.