Residency Obligation not met

[unayak]

Hi,
Can someone please help with my situation below?

My spouse is a Canadian permanent resident and is not meeting her residency obligation of spending 2 years in the 5 year PR period. She does not have enough time left to meet her residency obligation and was flagged at the port of entry in Dec 2023. However, she was allowed entry into Canada in Dec 2023 with a strict warning and high chances of rejecting future entries.

My spouse works in the US and cannot stay in Canada. What are the available options so that she can travel to Canada multiple times in 2024?

Thank you.

 

[YVR123]

Hi,
Can someone please help with my situation below?

My spouse is a Canadian permanent resident and is not meeting her residency obligation of spending 2 years in the 5 year PR period. She does not have enough time left to meet her residency obligation and was flagged at the port of entry in Dec 2023. However, she was allowed entry into Canada in Dec 2023 with a strict warning and high chances of rejecting future entries.

My spouse works in the US and cannot stay in Canada. What are the available options so that she can travel to Canada multiple times in 2024?

Thank you.

How about you? Are you a Canadian PR that meet RO or a citizen? Are you living in US with your spouse or in Canada. What is your spouse's status in the US? Is she a US citizen?
If your spouse has to leave after the warning, she will likely be reported next time when she re-enter.
Be prepared that her PR will be eventually revoked and you can sponsor her again after if you are a PR or citizen.

 

[unayak]

How about you? Are you a Canadian PR that meet RO or a citizen? Are you living in US with your spouse or in Canada. What is your spouse's status in the US? Is she a US citizen?
If your spouse has to leave after the warning, she will likely be reported next time when she re-enter.
Be prepared that her PR will be eventually revoked and you can sponsor her again after if you are a PR or citizen.

Thanks for the response.
I am a Canadian PR and living and working in Canada. I have met my residency obligation for PR renewal and will meet the obligation for citizenship later this year.
My wife is an Indian citizen working on US work visa.

Is renouncing her PR and applying for a visitor visa a good option? That way she can at least travel to Canada for this year until I get my citizenship.

 

[YVR123]

Thanks for the response.
I am a Canadian PR and living and working in Canada. I have met my residency obligation for PR renewal and will meet the obligation for citizenship later this year.
My wife is an Indian citizen working on US work visa.

Is renouncing her PR and applying for a visitor visa a good option? That way she can at least travel to Canada for this year until I get my citizenship.

I will let others reply (Now you have put down more background). I am not sure of the chance of getting a visitor visa for her after renouncing and working in US temporary on a work permit.

 

[abdo_85]

Hi,
Can someone please help with my situation below?

My spouse is a Canadian permanent resident and is not meeting her residency obligation of spending 2 years in the 5 year PR period. She does not have enough time left to meet her residency obligation and was flagged at the port of entry in Dec 2023. However, she was allowed entry into Canada in Dec 2023 with a strict warning and high chances of rejecting future entries.

My spouse works in the US and cannot stay in Canada. What are the available options so that she can travel to Canada multiple times in 2024?

Thank you.

What airport she got warned ?

 

[Copingwithlife]

What airport she got warned ?

Is that really relevant in the scheme of things?

 

[foodie69]

Hi,
Can someone please help with my situation below?

My spouse is a Canadian permanent resident and is not meeting her residency obligation of spending 2 years in the 5 year PR period. She does not have enough time left to meet her residency obligation and was flagged at the port of entry in Dec 2023. However, she was allowed entry into Canada in Dec 2023 with a strict warning and high chances of rejecting future entries.

My spouse works in the US and cannot stay in Canada. What are the available options so that she can travel to Canada multiple times in 2024?

Thank you.

Maybe your spouse needs to make a decision where to work and live to avoid this. You cannot have the cake and eat it too. Can't she get a job in Canada and wait for citizenship? I mean we all had do sacrifice something when coming to Canada.

 

[armoured]

Is renouncing her PR and applying for a visitor visa a good option? That way she can at least travel to Canada for this year until I get my citizenship.

There's nothing wrong with that option. There is of course no guarantee that she'll be issued a TRV - but also no obvious reason why she should not be.

My own intuition (I do not have facts) is that her chances of getting a TRV are somewhat better if she renounces instead of having it revoked by IRCC (eg after getting 'caught' at border next time). [Although side note, it's clear that border officers don't like to do that paperwork and will not infrequentliy suggest renouncing status and hand the form to individuals in this situation - saves them the trouble, and instead they just put a note to file.]

It's pretty obvious: getting it revoked suggests or implies the person is trying to keep the status despite not being in compliance. Renouncing suggests they accept the issue.

Two notes: it might take some time, like months, to get the renunciation complete and acquire the TRV. That's an inconvenience. Second, your spouse can be sponsored in future by you as spouse (previous status not an issue at all), but of course - if you can't for some reason, any reason, then that is it for her PR status. So it's not without risk if she hopes to return as a PR.

If she doesn't, then no issue.

(My spouse had PR status before we met abroad, she renounced her status to get a TRV, and I did later sponsor her for PR. That's not to say it will work this way in all cases or your case, but it's not that strange either).

 

[unayak]

There's nothing wrong with that option. There is of course no guarantee that she'll be issued a TRV - but also no obvious reason why she should not be.

My own intuition (I do not have facts) is that her chances of getting a TRV are somewhat better if she renounces instead of having it revoked by IRCC (eg after getting 'caught' at border next time). [Although side note, it's clear that border officers don't like to do that paperwork and will not infrequentliy suggest renouncing status and hand the form to individuals in this situation - saves them the trouble, and instead they just put a note to file.]

It's pretty obvious: getting it revoked suggests or implies the person is trying to keep the status despite not being in compliance. Renouncing suggests they accept the issue.

Two notes: it might take some time, like months, to get the renunciation complete and acquire the TRV. That's an inconvenience. Second, your spouse can be sponsored in future by you as spouse (previous status not an issue at all), but of course - if you can't for some reason, any reason, then that is it for her PR status. So it's not without risk if she hopes to return as a PR.

If she doesn't, then no issue.

(My spouse had PR status before we met abroad, she renounced her status to get a TRV, and I did later sponsor her for PR. That's not to say it will work this way in all cases or your case, but it's not that strange either).

Appreciate your help with all the details. Thank you so much.
A follow up question - Once the renunciation application is submitted and waiting for a decision, can my wife travel to Canada without a tourist visa (as her application of renunciation is still pending)?

 

[armoured]

Appreciate your help with all the details. Thank you so much.
A follow up question - Once the renunciation application is submitted and waiting for a decision, can my wife travel to Canada without a tourist visa (as her application of renunciation is still pending)?

Well, short form, possibly, but with significant risk of not being allowed in at the border/port of entry - at least until the renunciation process is complete. After that, without a tourist visa, she cannot.

My understanding is that it takes them a month or two to process the renunciation. I do not know at what point in the process they cancel the card/would refuse entry. Early in the process - probably not. After that - anyone's guess.

My gut instinct is that the CBSA officers would likely or possibly be forgiving - to the extent they can - if explained why and arrives at border - spouse resides in Canada, she cannot, so renounced, but not yet able to apply for TRV because process not complete. I think that as long as the PR status has not yet been cancelled in the system, they'd actually have to let her in, but I'm not certain.

But the question is how much leeway they have. I don't know.

In short, though, yes, you should consider that she may not be able to travel to Canada for several months.

 

[unayak]

Well, short form, possibly, but with significant risk of not being allowed in at the border/port of entry - at least until the renunciation process is complete. After that, without a tourist visa, she cannot.

My understanding is that it takes them a month or two to process the renunciation. I do not know at what point in the process they cancel the card/would refuse entry. Early in the process - probably not. After that - anyone's guess.

My gut instinct is that the CBSA officers would likely or possibly be forgiving - to the extent they can - if explained why and arrives at border - spouse resides in Canada, she cannot, so renounced, but not yet able to apply for TRV because process not complete. I think that as long as the PR status has not yet been cancelled in the system, they'd actually have to let her in, but I'm not certain.

But the question is how much leeway they have. I don't know.

In short, though, yes, you should consider that she may not be able to travel to Canada for several months.

Makes sense, thanks again.