Spousal Sponsorship with expired PR card

[loveCanada2019]

Hello,

I posted here before. I hold an expired PR card and was able to enter Canada via land border successfully. I haven't received removal order, nor being reported with 44(1).

I want to sponsor my family and reunite in Canada.

I read a lot of posts here saying that we should do so after 2 years when residency obligation is met.

However, when I read the sponsor eligibility assessment in the application form, there is no requirement of fulfilling residency obligation.
Although my PR card has expired, my PR status is still valid.

I just wonder what would really happen if I submit a spousal sponsorship with an expired PR card?

 

[scylla]

Hello,

I posted here before. I hold an expired PR card and was able to enter Canada via land border successfully. I haven't received removal order, nor being reported with 44(1).

I want to sponsor my family and reunite in Canada.

I read a lot of posts here saying that we should do so after 2 years when residency obligation is met.

However, when I read the sponsor eligibility assessment in the application form, there is no requirement of fulfilling residency obligation.
Although my PR card has expired, my PR status is still valid.

I just wonder what would really happen if I submit a spousal sponsorship with an expired PR card?

The expired PR card doesn't matter. It's whether you meet the residency obligation and have lived in Canada for 2 out of the last 5 years.

If you do not meet the residency requirement, then IRCC may refuse the sponsorship application and may then also start proceedings against you to revoke your PR status. That's the risk involved in trying to sponsor without meeting RO.

 

[loveCanada2019]

I heard from an immigration consultant saying that if I stay here for like 6-9 months and if I could find a job, then submit spousal sponsorship application, which could show that you are trying to settle in Canada and IRCC tend to be less possible to refuse my application or report me. I just wonder if this could work...

 

[scylla]

I heard from an immigration consultant saying that if I stay here for like 6-9 months and if I could find a job, then submit spousal sponsorship application, which could show that you are trying to settle in Canada and IRCC tend to be less possible to refuse my application or report me. I just wonder if this could work...

It might or it might not.

In my opinion it's a risk / gamble unless you meet the residency obligation. Ultimately your decision and how much risk you're willing to take.

 

[YVR123]

I heard from an immigration consultant saying that if I stay here for like 6-9 months and if I could find a job, then submit spousal sponsorship application, which could show that you are trying to settle in Canada and IRCC tend to be less possible to refuse my application or report me. I just wonder if this could work...

Well you can see it as crossing the land border again and see if you get reported. It's similar... in that sense. The IRCC agent could take a look at your RO when he/she is working on your case and decide to report that you do not meet RO or not while he is processing it.

 

[canuck78]

The fact that your PR card expired in 2010 and you seem to have not been reported out of laziness by the CBSA agent since they actually declared that you didn’t have sufficient H&C arguments could mean your file has already been flagged for future entry. Given your experience at the border and very long absence from Canada your risks of VO noticing that you are not compliant with your RO are likely higher. You seem to have got very lucky once And may not be lucky the second time.

 

[PrinceK]

What

The fact that your PR card expired in 2010 and you seem to have not been reported out of laziness by the CBSA agent since they actually declared that you didn’t have sufficient H&C arguments could mean your file has already been flagged for future entry. Given your experience at the border and very long absence from Canada your risks of VO noticing that you are not compliant with your RO are likely higher. You seem to have got very lucky once And may not be lucky the second time.

What about declaring sufficient H&C arguments and the land border officer was convinced of the case for not meeting residency obligations
Am I able to submit PR card for renewal or sponsoring a dependent child without meeting residency obligations . does it open another door to challenge the H&C case at the court ?

 

[scylla]

What

What about declaring sufficient H&C arguments and the land border officer was convinced of the case for not meeting residency obligations
Am I able to submit PR card for renewal or sponsoring a dependent child without meeting residency obligations . does it open another door to challenge the H&C case at the court ?

You should wait until you meet the residency obligation before you submit the sponsorship application (also to renew your PR card). If you submit the application earlier, then yes, this opens another door that could potentially result in your PR status being challenged.

 

[canuck78]

What

What about declaring sufficient H&C arguments and the land border officer was convinced of the case for not meeting residency obligations
Am I able to submit PR card for renewal or sponsoring a dependent child without meeting residency obligations . does it open another door to challenge the H&C case at the court ?

Based on your posts it doesn’t seem like the you were waived through because your H&C arguments were strong. Based on your previous posts it was actually declared that you didn’t have strong H&C arguments. You were instructed to apply for a PR card in the next 30 days so IRCC could determine whether you had sufficient H&C reasons to keep your PR card. We see this in cases when border officials don’t want to do the paperwork themselves. Technically the border official could have reported you at the border (simplified version of what happens. If they are convinced you had very strong H&C arguments PRs are essentially waived through with no instructions to contact IRCC. Unless you want to risk your status in Canada you should not have any contact witth IRCC or leave Canada for 2 years. You don’t know if your file has been flagged regarding your H&C arguments. It is a huge risk to apply for a PR card or leave Canada for 2 years. it’s an unfortunate situation but you must have known that trying to return after so long was a risk and if you weren’t reported your family would likely be separated for 3 years. It seems as though you may have only spent a small amount of time in Canada in 2005 and then left and only returned in 2022. If that is the case that is a very long time outside Canada and you got very lucky given that you have minimal history in Canada. Good chance that you may not have been able to get MSP. If that is the case you should take out private medical insurance.

 

[wajahatid]

I heard from an immigration consultant saying that if I stay here for like 6-9 months and if I could find a job, then submit spousal sponsorship application, which could show that you are trying to settle in Canada and IRCC tend to be less possible to refuse my application or report me. I just wonder if this could work...

i consulted three immigration lawyers and they said the same thing and prohibited me from applying for the renewal of my PR card.

 

[canuck78]

i consulted three immigration lawyers and they said the same thing and prohibited me from applying for the renewal of my PR card.

About a year too late for the poster but you received good advice