What is the best Option in time maner: Sponsorship or request a new PR

[JoseJorge]

Hi,

First of all Thanks for this Forum..
I saw in the Embassy web page that Sponsorship is taking 17 months for Mexico people, and my mistake since beginning was request PR only for my.
Now my wife and kids are in Mexico and I don't want to leave them for so long time, then I don't know what is the best process, if I return to Mexico and do the process for all the family or if there is another thing that I can do to bring them here with me??

Thanks in advance for your help.

 

[scylla]

Are you a permanent resident or a citizen? If you are a PR then you must be living in Canada in order to sponsor your family and you must continue living in Canada while their application is being processed (until it's approved). Occasional short trips (e.g. 3 weeks) outside of Canada are fine. But if you start leaving for months at a time your risk having the application to sponsor your family refused since you are not living in Canada.

 

[JoseJorge]

Hi and thanks for your quick response.

I am Permanent Resident, and I am living in Montreal, and Working for BMO.
I didn't sent the request to apply for Sponsorship because I saw on the Embassy web page that this process takes up-to 17 months, and now I realize that my family cannot stay long time alone in Mexico..

 

[JoseJorge]

Also I need to renew my PR because I was outside of Canada for 4 years, but I was working for division of a Canadien Company, I got a letter from them confirming that I was working for a Mexican company but this company is a division of the Canada Company.
Question: this is valid to renew my PR without problems ? even if I didnt stay in Canada for 2 years in the last 5 years ??

Thanks

 

[scylla]

Also I need to renew my PR because I was outside of Canada for 4 years, but I was working for division of a Canadien Company, I got a letter from them confirming that I was working for a Mexican company but this company is a division of the Canada Company.
Question: this is valid to renew my PR without problems ? even if I didnt stay in Canada for 2 years in the last 5 years ??

Thanks

Are you certain that your work outside of Canada will be counted as time in Canada by CIC? If there is any doubt, you'll want to hold off applying for renewal until you have met the residency requirement through living in Canada. Were you first hired for a job in Canada by this company? And then after working for at least a few months in Canada were you then transferred to the job outside of Canada? Or did the company hire you directly for the job outside of Canada? Or did you perhaps already have this job before even becoming a PR?

 

[JoseJorge]

Yes, I was hired first for the Canadian Company, and then I was transfered to a Mexican Company but this was a division of the Canadian company. Then the Mexican Company closed and I return to Canada, and the Owner of the Canadian Company gave me a letter where says that I was working in Mexico for a Division of his company in Quebec.

I want to see the other option that I have that is return to Mexico and Apply for Family Residence but I do not know if I can do that because right now I am permanent residence? or if a person that l loses the Permanent Resident status can request it again ?

 

[scylla]

You don't have the option of returning to Mexico apply to sponsor your family from there. Only citizens have this option. To sponsor your family you must be living in Canada.

 

[JoseJorge]

No, I mean the option to return is to apply for a new Permanent Resident but now for all my family and for my self since the beginning.

 

[scylla]

Yes - I supposed one option is to give up your PR status, return home, and then apply for PR with your entirely family. Make sure you qualify under the current rules before you do this.

 

[JoseJorge]

thanks a lot scylla

 

[Msafiri]

thanks a lot scylla

If I may ask did you marry and were the kids born before you acquired PR or after you acquired PR?

 

[JoseJorge]

Hi,

I got the 'PR' when I was already married.

 

[Msafiri]

Hi,

I got the 'PR' when I was already married.

Were your wife and children declared in the PR application? If yes were they medically examined? If they were not declared or not examined then they can't be sponsored. If ok to ask how did you get PR?

 

[JoseJorge]

Were your wife and children declared in the PR application? If yes were they medically examined? If they were not declared or not examined then they can't be sponsored. If ok to ask how did you get PR?

Hi,
Yes, they were declared in the PR Application. and thats right they were medically examined..
and they way that I got the PR is was only I sent the application to the Embassy Quebec and they sent me the letter that I was approved and then I sent that letter to Canada and they sent us the request to medically examined and after that I received the confirmation and approval.

 

[Msafiri]

Ok so you were all issued Immigrant visas but you are the only one who traveled to Canada and activated your Immigrant visa thus acquiring PR Status. Your wife and children never 'landed' and their immigrant visas expired. In my opinion it is better for you to seek a legal opinion from a reliable immigration attorney as to whether your employment overseas constitutes an allowable exception under the Canadian Business rules for meeting the RO. Thereafter seek a second opinion. Take some time to read posts on this forum including a thread I have on a Federal Court ruling as to what constitutes a Canadian Business - the rules are water tight and many PRs make the mistake of playing games with CIC on this.

On what date will you get to 730 days of physical presence? If its soon then maybe wait and re-sponsor at this point. Have you explored the possibility of your spouse/children visiting Canada pending you getting the 730 days?

Relinquishing PR only to re-apply requires you to meet the current rules in place. Depending on your qualifications and experience explore the Work Permit route including the NAFTA provisions to see see how easy it may be to get PR. I suspect it will be longer than holding out for the 730 days.

Be patient and act wisely.....its is easy to make bad decisions when caught up in desperation.

Good luck