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Residency obligations.

dpenabill

VIP Member
Apr 2, 2010
6,282
3,042
It is very helpful and now it make sure that I have lost my PR status and should apply through Spousal Sponsorship program.
That makes sense.

However, some of what you have posted suggests you may still need to go to your home country for extended periods of time. Unless you are planning on staying in Canada going forward at least often enough to meet the PR Residency Obligation, you should probably get professional advice before proceeding with the spousal sponsored PR application. A new grant of PR status would make it easier to come and go, since you do not have a visa-exempt passport. So there is clearly an incentive to do this even if you are not yet ready to stay here.

However, if you are not settling down in Canada, or at least able to stay in Canada long enough to avoid breaching the RO going forward, and in particular if you are likely to run into this same problem again in the future, for now it might be better to apply for something like a multiple-entry visitor visa and wait to apply for PR again when you are in fact prepared to settle here. This is something to discuss with a professional (lawyer is better than consultant), one who can go over the details in your situation, including your future plans.

Meanwhile, your posts this morning help fill in some details that clarify some things, although not entirely. That helps forum members better understand things, especially in terms of reconciling real-world factual situations and IRCC/CBSA practices within the framework of applicable laws, rules, and procedures. So the additional detail you provided this morning is appreciated. At least for those forum members here who are trying to help (rather than confuse or obfuscate).

FURTHER OBSERVATIONS:

No need for you, @kanwal jeet to bother much with some further observations I will make in a separate post. These will be about clarifying some things, to tie up some loose ends and explain some of the more confusing aspects of the situation, for the broader, general forum (to the extent anyone is interested) . . . so again, @kanwal jeet, you can totally ignore my next post.

Respected Eusufzai,
Thanks for your reply. Immigration officer asked me for COPR. I gave him. a minute after scanned my latest RX1 visa, officer said to my son who accompanied me from USA, "travel history reveals that applicant is not willing to reside here. But, this time I allow you to enter, go on and apply for further proceedings." I and my son and wife entered Canada by honoring immigration officer. It hardly taken a minute in whole process.
Regards,
Respected Member canuck,
Thanks for kind reply. My answer as follows :
1. I only appealed in IAD (notice to appeal) after applied my PR renewal application present in Canada in Dec. 2012.
2. No, I don"t belongs to Visa exempt country.
3. No, I never applied for ETA. There was a provision in notice to appeal proceedings to get PRTD to enter once in Canada to join hearings in person. so I applied for PRTD and got RX1 visa and visited Canada. due to covid I got a long date and therefore returned to my native country. As and when date of hearing had been drawing near, I again requested for PRTD, but visa officer has denied with a view that IAD lawyer has opposed and the visa can not be issued. There after I appealed for internet provision to attend hearings. But could not attend due to internet failure.
4. When I applied for renewal of my PR card, the days spent was counted by IAD were 448.
5. I have frequent visits to and fro during this period and the entries counted as 12 nos. travel entries in 5 year period.
6. I came here on one of PNP business program and started a transport company in Canada to comply the investment regulations. Paid regular taxes. After that I started a foreign subsidiary in my native company holding the stake of 99% shares of Canadian company.
7. My family includes, my spouse, daughter and son resides here as Citizen.
8. I every time sent maintenances amount to my family.
9. I applied PR renewal well in time of its expiration. Now I see that application of my renewal has eliminated on immigration portal.
10. Now I renewed my driving License and medical health card.
11. Now I didn't applied for any PRTD. I came through land boarder and Immigration officer allowed me to enter this time and suggested to apply for necessary process.
Regards,
 

kanwal jeet

Newbie
Mar 17, 2024
7
0
That makes sense.

However, some of what you have posted suggests you may still need to go to your home country for extended periods of time. Unless you are planning on staying in Canada going forward at least often enough to meet the PR Residency Obligation, you should probably get professional advice before proceeding with the spousal sponsored PR application. A new grant of PR status would make it easier to come and go, since you do not have a visa-exempt passport. So there is clearly an incentive to do this even if you are not yet ready to stay here.

However, if you are not settling down in Canada, or at least able to stay in Canada long enough to avoid breaching the RO going forward, and in particular if you are likely to run into this same problem again in the future, for now it might be better to apply for something like a multiple-entry visitor visa and wait to apply for PR again when you are in fact prepared to settle here. This is something to discuss with a professional (lawyer is better than consultant), one who can go over the details in your situation, including your future plans.

Meanwhile, your posts this morning help fill in some details that clarify some things, although not entirely. That helps forum members better understand things, especially in terms of reconciling real-world factual situations and IRCC/CBSA practices within the framework of applicable laws, rules, and procedures. So the additional detail you provided this morning is appreciated. At least for those forum members here who are trying to help (rather than confuse or obfuscate).

FURTHER OBSERVATIONS:

No need for you, @kanwal jeet to bother much with some further observations I will make in a separate post. These will be about clarifying some things, to tie up some loose ends and explain some of the more confusing aspects of the situation, for the broader, general forum (to the extent anyone is interested) . . . so again, @kanwal jeet, you can totally ignore my next post.
Respected Mentor,
Your advice is of more important for us than a paid professional. It is very open to state that my to and fro visits to my native country due to regulate my established business and collect pending payments with govt. that were released after completion of tendered services in rural areas. Other my huge property issues were also in sue line. Now all has cleared and I got retired from my job. winded up entire workings after getting completion certificates and came here with a wish to reside here on permanent basis., will focus a responsive care to my family, includes marriages of my children and spend my time with spouse. I request to your honor kindly share your experience about to renewal of my PR status, if any. otherwise other way of new PR spousal application deems fit.
Regards and hope for your valuable advice.
 

scylla

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Respected Mentor,
Your advice is of more important for us than a paid professional. It is very open to state that my to and fro visits to my native country due to regulate my established business and collect pending payments with govt. that were released after completion of tendered services in rural areas. Other my huge property issues were also in sue line. Now all has cleared and I got retired from my job. winded up entire workings after getting completion certificates and came here with a wish to reside here on permanent basis., will focus a responsive care to my family, includes marriages of my children and spend my time with spouse. I request to your honor kindly share your experience about to renewal of my PR status, if any. otherwise other way of new PR spousal application deems fit.
Regards and hope for your valuable advice.
You have most likely already lost your PR status. You need to confirm this. None of us can confirm it for you.

If you have in fact lost your PR status, you cannot renew PR. This will be impossible. In that case your spouse needs to submit a spousal sponsorship application to sponsor you for PR.
 

dpenabill

VIP Member
Apr 2, 2010
6,282
3,042
Respected Mentor,
Your advice is of more important for us than a paid professional. It is very open to state that my to and fro visits to my native country due to regulate my established business and collect pending payments with govt. that were released after completion of tendered services in rural areas. Other my huge property issues were also in sue line. Now all has cleared and I got retired from my job. winded up entire workings after getting completion certificates and came here with a wish to reside here on permanent basis., will focus a responsive care to my family, includes marriages of my children and spend my time with spouse. I request to your honor kindly share your experience about to renewal of my PR status, if any. otherwise other way of new PR spousal application deems fit.
Regards and hope for your valuable advice.
Just In Case Possibility You Still Have PR Status (not likely, but just in case):

As I have noted, and most of what you have posted tends to confirm this, it is near certain that you are NOT a PR.

Some of what you have posted is at least confusing if not inconsistent (which is probably due to things about what has happened that are unclear or at least confusing to you). So it is NOT entirely certain, however, that you are now a FN and NOT a PR.

If, for example, you still have an appeal pending, that could mean you still have PR status. If so, whether to continue pursuing the appeal, or withdraw the appeal (or even renounce your PR status as @steaky suggested), is something you should probably discuss with a lawyer. The viability of successfully applying for PR again is an important factor in this decision making; in particular, if you still have an appeal pending (again, this does not appear at all likely, but just in case you do), you would want to make sure you are actually eligible for family class PR before giving up on the appeal.

I doubt that is an option. I doubt that is an option because it looks like you do not have an appeal pending but rather your status has been fully adjudicated and you are now a FN, NOT a PR. But I am no expert. I am not a Canadian lawyer or an immigration professional in any sense. And some of the details in your situation are not clear.

As I discussed in my first post here, you can probably confirm you are not a PR by making a call to the IRCC help centre.

More Likely (most likely) You are a Foreign National; Option to Apply For Spousal Sponsored PR:

To be clear, if you are now a FN, not a PR, there is no path for the "renewal" of your former PR status. You will need to apply for a new grant of PR status. If you and your spouse meet the eligibility requirements, a family class spousal sponsored PR application is probably your best option. An inland application would allow you to remain in Canada pending approval and the grant of PR status.

Again, if there is no appeal still pending, it is almost certain you are NOT a PR. I am reluctant to discuss some possibilities otherwise because they are not at all likely (even if somewhat possible) and would be more a distraction than helpful, tending to cause further confusion.

So, assuming you are now a FN, to obtain status to live in Canada now will require an application for PR status. Not a "renewal" of your former PR status, but an application for a new grant of PR status.

There is another part of this forum where applying for Canadian Permanent Resident status is discussed, and within that a sub-forum for spousal sponsored PR applications. You should find some useful information there.

If you can afford to get the assistance of a Canadian immigration lawyer, however, that would be a far better, much more reliable approach. It is not complicated and many if not most people can do this without the help of a lawyer. However, some of what you have posted here suggests you might be having some difficulty understanding these things and thus it would be a good idea to get some help. And help from a professional is almost always better than what you can get here (no matter how much some of us try to help).

I have not been following the PR application process for many years now (I have been a Canadian for more than a decade and a half now, initially a Canadian PR but then becoming a Canadian citizen just a few days more than a decade ago). So I cannot offer much at all to help you with that process.

Main thing is make sure your spouse meets the eligibility requirements to sponsor you. It appears some of the things @canuck78 was referring to in their post yesterday (post #7) was related to this.

Otherwise Possibilities:

Again, I am reluctant to go into some of the unlikely but possible situations in which, perhaps (but not at all likely) you do still have PR status pending further proceedings. I would not mention this further except one aspect of your situation, as clarified in today's posts, raises some question. That question is about your current status in Canada. This question arises because you say you do not carry a visa-exempt passport. If you are NOT a PR (which, please forgive the repetition, is most likely) and you are not eligible to be waived into Canada as a visitor pursuant to being visa-exempt, generally there would need to be a more formal application for and grant of status than you have described.

My overall sense is that the important thing is you were given permission to enter Canada, and whatever status you now have, given this, it is likely TEMPORARY pending further application and proceedings, such as either a new application for PR (spousal sponsored most likely) or for some other status (like a formal visitor visa good for multiple entries). So you should not delay in dealing with this.