what options should we go with? please advise.

[toronto2010]

Dear all,
My husband's PR will expire next month, and he is not able to meet the residency requirements. He is short of 3 months. he works in the US, and he comes to Canada as often as he can. We wanted to see a lawyer about his PR extension and available options, but I think the lawyers can't do much in his case, because i think his options are as following:

1. since he has a permanent job in US and he comes to Canada to visit me, the easiest way is to apply for a tourist visa
2. reapply for the PR, since it now takes less than 1 year
3. talk to the lawyer and see what they can suggest.

Do you guys think it is worth talking to lawyers? the consultation fee is $150.

thanks a lot.

 

[Alabaman]

There is nothing the lawyer will tell you.

If he applies for a tourist visa they will tell him he is a PR so first he has to cancel his PR to get a tourist visa which can be another long process. He should just quit his job and look for another one in Canada or stay in the US and forget about his Canadian PR.

 

[toronto2010]

Thanks, Alabaman, for your reply. My husband is reluctant to quit his american job because as you know it is not so easy to get a job in Canada. He has a PhD in social science and is working as a prof. in the US, he has 4 months of paid vacation every year; so that's why he is reluctant to quit his job and I don't blame him, even though we see each other only 4 months a year.

Anyway, i think the best option for him is to apply for a tourist visa once his PR expires next month and then wait for me to get my citizenship, which i'll apply for next year, and then apply for a PR as a my spouse. or are there any other options?

 

[Alabaman]

There aren't much options. He can let his card expire, and then try to get a tourist visa. His card can expire, apply to revoke his Canadian PR, then he can get a tourist visa while you sponsor him again.

Does he have a US Green Card? If so, he can enter Canada without a visa. If not, since he has a Phd in Social Science and has a job as a Professor, getting a US green card shouldn't be hard. Why doesn't he go that route (US Green Card) and you go join him in the states?

 

[Leon]

If he loses his PR, you can sponsor him again as a spouse even if you are just a PR as long as you are living in Canada. If you join him in the US after you get your citizenship, his PR will be protected in the future for living with a Canadian citizen spouse.