Returning after long absence

[atifsr]

Hi Admin,
I and my wife got Canadian PR in May 2010, we landed in Canada in October 2010 and got PR cards which will expire in Nov 2015. Me and my wife have to left Canada after two weeks of landing. I am working in United Kingdom and with my wife and my son born after we landed in Canada. I have in confused situation and need your help and advice. I cannot leave United Kingdom by feb of 2015 because of Job requirements

How can I keep my PR status if I cannot meet 730 days presence requirement
If I send my wife and son in Canada and continue my work in United Kingdom until Feb 2015, Can I still enter in Canada with my valid PR card but obviously I will not be able to meet 730 days presence requirement. In this scenario who I can save my PR status and how my wife and son can help me in case of any problem. Please give me BEST advice

Thanks All

 

[lovebug]

You should decide what’s more important to you… staying & working in the UK or moving to Canada.

Simply put, the requirement of 730 days has to be met to keep the PR (there are some exceptions like accompanying a Canadian citizen abroad or working for a Canadian company etc… but based on the information you have given, I don’t know if you qualify)

I would say don’t wait, and make up your mind as soon as possible (preferably before Oct 2012). In case of further delay, you may or may not be able to enter Canada as the officials may say that you can’t possibly fulfill the 730 days requirement within the stipulated time (even though your PR will expire in Nov 2015).

Also, If i understood correctly, your son was born in the UK. If that’s the case, then either you or your wife will have to sponsor him from inside Canada to become a PR (kids born to Canadian PR’s outside Canada don’t get PR status automatically!).

Moreover, If you are not from a visa exempt country, than you need to apply for visa for your son in order to send him to Canada with your wife, which may have its own restrictions.

 

[atifsr]

Thanks Lovebug for your prompt reply, you right my son born in UK and I have to apply his visa as well and I know it has its own restrictions.
I just wanted to rectify above said that me and my wife got Single Entry Visa in May 2010 but we landed in October 2012 and got PR card after that which will be valid till Nov 2015.
You advised me to enter in Canada before October 2012, but as I said I landed in Canada in October 2010 so since then it will be only 2 years till October 2012. I think I still have time to enter in Canada till October 2013 to meet 730 days out of 5 years. Please correct me if I misunderstood anything.
I need your expert advice, is this possible if I send my wife and kid to Canada and I live here in UK till end of my Job contract and later on my wife apply family visa for me when I wanted to go Canada in 2015. One thing more I am not working for Canadian company but for experience point of view this Job is very important for me that’s why I want to finish my term here
Please give your expert advice, looking forward to your reply

Thanks in advance

 

[Leon]

You are right, it is 2013 you must move by. If your wife leaves it as late as possible, say she moves in October 2013, that means she must stay in Canada for the entire time in the 2 years after that in order to meet the requirements. As soon as she arrives, she should take steps to sponsor your son for PR.

If you can get to Canada before your PR card expires, you will probably be allowed to enter and if that is the case, you can stay in Canada for 2 years without leaving and then apply to renew your PR card. However, if you are reported when you try to enter for not meeting the requirements and worst case you lose your PR, then your wife can sponsor you again.

 

[atifsr]

Thanks Leon for your reply, just one more question how it would be difficult for my wife to apply my visa in case of lost of my PR status. As you know my son born out of Canada so my wife also has to apply PR status for him while she living in Canada.

 

[Leon]

It would be no more difficult for your wife to sponsor you for PR again than it will be for her to sponsor your son. Just fill out the forms basically. However, in order to sponsor you for PR again, you must first have officially lost your current PR. This is why, if your PR card is still valid, you would just arrive in Canada and see what happens. If they want to revoke your PR at that point, no worries, your wife can sponsor you. If they let you in without reporting you, then you stay for 2 years and then apply to renew.

 

[atifsr]

Leon you are a star mate, I really appreciate your help. Could you please give me some advice how and what procedure my wife should adopt to apply PR for my son and how much it would be difficult?

 

[Leon]

It is fairly easy. She will need the forms here: http://www.cic.gc.ca/english/information/applications/fc.asp As a PR, she must be in Canada before she applies to sponsor him so initially, he will be a UK citizen coming to Canada as a visitor. She can have the forms ready to be able to apply soon after arriving in Canada. If he still doesn't have his PR in 5 months (visitor status is good for 6 months), she should apply to extend his visitor status based on her having applied to sponsor him. The forms for that are here: http://www.cic.gc.ca/english/information/applications/visitor.asp

 

[atifsr]

Hi leon many many thanks for your guidance. Leon my child is not a UK citizen that means he does not come under visa free category. How we can apply from United Kingdom my son's visa. Can we say Canadian counslate in UK that issue a visa for my kid and when my wife enter in Canada then she will apply his PR from there. Looking forward for your reply.

 

[Leon]

You can try applying for a visit visa for your child but visit visas are often refused in such circumstances as the intent is for the child to stay permanently. If your visit visa is refused, you can apply for a TRP (ministers permit). Sometimes those are issued to children under these circumstances. She should start applying in time to know if any permit is granted before she needs to leave for Canada. If nothing is granted, she must go to Canada alone and apply to sponsor the child for PR. Through the UK, it will not take long. Once the child gets PR, she can come to the UK and get the child to go to Canada and land as a PR or you bring the child.

 

[lovebug]

Thanks Lovebug for your prompt reply, you right my son born in UK and I have to apply his visa as well and I know it has its own restrictions.
I just wanted to rectify above said that me and my wife got Single Entry Visa in May 2010 but we landed in October 2012 and got PR card after that which will be valid till Nov 2015.
You advised me to enter in Canada before October 2012, but as I said I landed in Canada in October 2010 so since then it will be only 2 years till October 2012. I think I still have time to enter in Canada till October 2013 to meet 730 days out of 5 years. Please correct me if I misunderstood anything.
I need your expert advice, is this possible if I send my wife and kid to Canada and I live here in UK till end of my Job contract and later on my wife apply family visa for me when I wanted to go Canada in 2015. One thing more I am not working for Canadian company but for experience point of view this Job is very important for me that's why I want to finish my term here
Please give your expert advice, looking forward to your reply

Thanks in advance

Oops… I meant October 2013 (so as to have enough room for 730 days before PR card expires).

Leon already clarified though...

Good Luck!