As a PR am I eligible to sponsor visa for my family without meeting my RO

[NPconnoisseur]

By the time I land in Canada as PR, I will be barely a few days short of burning my three year window of being able to stay outside Canada and still be eligible for PR renewal. Still will be having 730+ days.

1) I realize the risk and I was prepared for it. My question is while I continue to stay put in Cananda to meet my RO, will I have any issues if I try to sponsor visas for my family members?

2) If I am barely few days over 730+ days requirement - can the border officials flag my profile in any way when I land at any of the airport?

I landed on June 19, 2019(COPR) and stayed only 11 days before I left. I will be flying to Canada in the first week of June,2022. Technically math is still on my side but somewhat anxious given the enforcement of the rules is up to border officials.

 

[dpenabill]

By the time I land in Canada as PR, I will be barely a few days short of burning my three year window of being able to stay outside Canada and still be eligible for PR renewal. Still will be having 730+ days.

1) I realize the risk and I was prepared for it. My question is while I continue to stay put in Cananda to meet my RO, will I have any issues if I try to sponsor visas for my family members?

2) If I am barely few days over 730+ days requirement - can the border officials flag my profile in any way when I land at any of the airport?

I landed on June 19, 2019(COPR) and stayed only 11 days before I left. I will be flying to Canada in the first week of June,2022. Technically math is still on my side but somewhat anxious given the enforcement of the rules is up to border officials.

As long as, when you arrive here, you have not been outside Canada more than 1095 days since you landed in 2019 (meaning you could still spend at least 730 days in Canada before the fifth year anniversary of the date you became a PR), you are in compliance with the PR Residency Obligation.

Then, as long as you stay long enough to remain in compliance with the RO, you are good, safe. Safe to make an application to sponsor a family member.

Border officials can add a note or alert to a PR's file for various reasons. For a PR cutting-it-close, which it appears you very much are, it is common for border officials to caution the PR about complying with the RO and to add a note or alert to the file indicating the PR has been cautioned (or admonished) about RO compliance. This has NO substantive effect. It puts other officials on notice. For inland processing, like a sponsored family class PR application, it should have almost no effect at all, although it could mean IRCC makes some additional effort to verify you are actually IN Canada.

Where such an alert (typically called a "flag" in forums like this) can have an impact is if you travel abroad and are being screened upon your return to Canada the next time, it puts the border officials on notice to pay attention to RO compliance circumstances.

OVERALL: as long as the "math," as you say, "is still on [your] side," there is almost no likelihood of border or inland officials giving you a problem. This is particularly so where you are back IN Canada within three years, or very close to being within three years, of the date of your original landing, the date you became a PR. (It is physically impossible to breach the RO prior to the day after the third year anniversary of landing.)

Officials do exercise fairly broad discretion in enforcing the rules, but that is in regards to once that math-line has been crossed.

Now you will just need to stay in Canada for two years in order to remain in RO compliance.

 

[armoured]

1) I realize the risk and I was prepared for it. My question is while I continue to stay put in Cananda to meet my RO, will I have any issues if I try to sponsor visas for my family members?

Officials do exercise fairly broad discretion in enforcing the rules, but that is in regards to once that math-line has been crossed.

Now you will just need to stay in Canada for two years in order to remain in RO compliance.

I agree with the points made by @dpenabill above.

One warning though: there are some aspects for which, as he says, officials exercise broad discretion and indeed leniency - and that particularly applies (for example) to entering Canada when out of compliance with the residency obligation. Specifically, they often will not formally 'report' a PR for being 'somewhat'* out of compliance - where the report technically starts the process of revoking PR status (subject to appeal, etc).

BUT: there are aspects for which officials do not exercise or have much discretion, and for the PR it may seem very strict indeed.

One of those is sponsoring family members while out of compliance with the residency obligation: with a few very specific and narrow exceptions, PRs who are out of compliance cannot sponsor their spouses until they are back in compliance.

Effectively close to zero 'leniency' - or at least not of the informal kind border officers exercise in deciding whether or not to report a PR.



*I said 'somewhat' out of compliance as a cop-out shortcut to avoid discussion - sometimes it might be quite a bit out of compliance but with good humanitarian and compassionate reasons, etc. Don't rely on any conception of 'somewhat.'

 

[dpenabill]

BUT: there are aspects for which officials do not exercise or have much discretion, and for the PR it may seem very strict indeed.

One of those is sponsoring family members while out of compliance with the residency obligation: with a few very specific and narrow exceptions, PRs who are out of compliance cannot sponsor their spouses until they are back in compliance.

I do not want to sidetrack discussion of the OP's situation. As I recall we, and others, have circled around this before.

But since there is no specific requirement that a PR be in RO compliance to be an eligible sponsor, I am curious what this observation of yours is based on. My impression is otherwise, that actually there has been significant leeway allowed in practice . . . with the caveat, however, for the PR in breach the potential consequences (loss of PR status) weigh heavily against taking the risk.

This was discussed in some depth recently in another topic, so I'd suggest further addressing this there rather than here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/residency-obligations-not-met-need-to-apply-pr-for-son.761419/page-3#post-10023472

 

[armoured]

But since there is no specific requirement that a PR be in RO compliance to be an eligible sponsor, I am curious what this observation of yours is based on. My impression is otherwise, that actually there has been significant leeway allowed in practice . . . with the caveat, however, for the PR in breach the potential consequences (loss of PR status) weigh heavily against taking the risk.

Responded in that thread that I d not know for certain, and my impression (from anecdotal cases that I haven't tracked well) is that these cases can be effectively put on hold, more or less the same as waiting until back in compliance.

But the safer comment here is 'I do not know for certain.'

I'd still reiterate the point (as often comes up here) that leniency in one case/cricumstance does NOT mean leniency will be accorded on subsequent interactions, and in some cases is more constrained than the 'cbsa at border' circumstance.

 

[PMM]

Hi

By the time I land in Canada as PR, I will be barely a few days short of burning my three year window of being able to stay outside Canada and still be eligible for PR renewal. Still will be having 730+ days.

1) I realize the risk and I was prepared for it. My question is while I continue to stay put in Cananda to meet my RO, will I have any issues if I try to sponsor visas for my family members?

2) If I am barely few days over 730+ days requirement - can the border officials flag my profile in any way when I land at any of the airport?

I landed on June 19, 2019(COPR) and stayed only 11 days before I left. I will be flying to Canada in the first week of June,2022. Technically math is still on my side but somewhat anxious given the enforcement of the rules is up to border officials.

1. As long as you are still meeting your RO you can sponsor your family.

 

[NPconnoisseur]

Thank you @dpenabill and @armoured for your valuable inputs. If I have read the above posts correctly - once i enter and continue to stay in Canada and on track to complete 730+ days of being physically present here - I should be able to sponsor my family. Right ? That is even if I have not already completed those 730 days.

For example - an year from now having only accrued 300 odd days, will I still be able to have my mom or sister come visit me ?

I know it is super specific, but I'd greatly appreciate your input.

 

[NPconnoisseur]

Hi



1. As long as you are still meeting your RO you can sponsor your family.

Thank you. Meaning if I have not already spent 1095 days outside canada I am technically still on track to meet my RO. And I'll be only losing that privilege if I decide to travel outside Canada after entering. Right ?

 

[armoured]

Thank you @dpenabill and @armoured for your valuable inputs. If I have read the above posts correctly - once i enter and continue to stay in Canada and on track to complete 730+ days of being physically present here - I should be able to sponsor my family.

Basically yes.

I repeat the basic math above: in your first five years, you count days in Canada (past) plus days remaining to end of first five year anniversary (future or prospective) - and if the result is greater than 730, you can sponsor.

Or easier: since you landed in 2019, if your days out of Canada since then are LESS THAN 1095 days, you can sponsor.

Right ? That is even if I have not already completed those 730 days.

Exactly.

For example - an year from now having only accrued 300 odd days, will I still be able to have my mom or sister come visit me ?

I do not know what this means. Your mom or sister can come 'visit' if they have the appropriate visa or visa waiver. Visits are completely different from sponsorship (to become PRs.)

You can sponsor other family members according to the rules for those types of family members. Read up on those. Generally you'd need much more time in Canada and income shown to sponsor a parent.

 

[NPconnoisseur]

Basically yes.

I repeat the basic math above: in your first five years, you count days in Canada (past) plus days remaining to end of first five year anniversary (future or prospective) - and if the result is greater than 730, you can sponsor.

Or easier: since you landed in 2019, if your days out of Canada since then are LESS THAN 1095 days, you can sponsor.



Exactly.



I do not know what this means. Your mom or sister can come 'visit' if they have the appropriate visa or visa waiver. Visits are completely different from sponsorship (to become PRs.)

You can sponsor other family members according to the rules for those types of family members. Read up on those. Generally you'd need much more time in Canada and income shown to sponsor a parent.

I apologize. I may have been using the word 'sponsor' loosely. I've heard something called 'Super Visa'. One of my friends who is a PR himself mentioned about it. He recently had his parents visit him for an extended duration on that Visa. Not sure if it is tied to the PR holders' RO being met for that Visa processing to go thru without hiccups and not have any adverse impact on the PR holder's eligibility to remain in canada for the renewal.

Was meaning to see if I am eligible to have my family members visit me that way. Got that aspect clarified thru your post. Thank you.

 

[armoured]

I apologize. I may have been using the word 'sponsor' loosely. I've heard something called 'Super Visa'. One of my friends who is a PR himself mentioned about it. He recently had his parents visit him for an extended duration on that Visa. Not sure if it is tied to the PR holders' RO being met for that Visa processing to go thru without hiccups and not have any adverse impact on the PR holder's eligibility to remain in canada for the renewal.

Was meaning to see if I am eligible to have my family members visit me that way. Got that aspect clarified thru your post. Thank you.

No problem. I don't know the supervisa requirements in detail, do check. For regular TRVs, 'sponsorship' per se is not a thing.

 

[canuck78]

I apologize. I may have been using the word 'sponsor' loosely. I've heard something called 'Super Visa'. One of my friends who is a PR himself mentioned about it. He recently had his parents visit him for an extended duration on that Visa. Not sure if it is tied to the PR holders' RO being met for that Visa processing to go thru without hiccups and not have any adverse impact on the PR holder's eligibility to remain in canada for the renewal.

Was meaning to see if I am eligible to have my family members visit me that way. Got that aspect clarified thru your post. Thank you.

To qualify for a supervisa you will need to have earned a certain amount while in Canada based on your family size. NOA (tax return) is the preferred proof of the income you have earned as proof for a supervisa. Many are under the false impression that they will qualify for a supervisa upon arrival in Canada and approval is based on salary when it is based on amount that you have earned during the year while in Canada (usually mostly Canadian income although in some cases foreign income counts). Your sister will have to qualify to travel on a normal tourist visa and will need to show that she has her own funds to pay for her visit, has strong enough ties to her home country to show she will return (employment, property ownership, dependent family members, etc.) and past international travel especially to countries like the US, UK. Australia, etc. will a.so help.

As long as you can meet the RO based on the 5 years from landing date you are fine,