Chances of PR renewal under H&C or unnecessarily creating an issue

[ustocanada49]

Hi All,
Appreciate your advice in advance.
I am a H1B daily commuter and Canadian resident. Will be renewing my PR in a week (and no issues with RO, so, expecting no issues in getting PR renewed). I have two kids, one going to school in Canada and both have their PRs valid for 4.5 yrs more. However, my wife's PR has expired and she is short of meeting RO by 5.5 months. She is a homemaker and has been living in Canada full time, except two separate 20 days and 1.5 months vacations outside the country.
Can we apply for her PR renewal under H&C grounds, considering her family ties in Canada and the fact that rest 3 of us in family have a good PR status in Canada? Or, will we be inviting a risk of Residency Obligation investigation and possibly removal order?

We could wait until 5.5 more months and apply for her PR renewal but all her summer, we wont be able to leave Canada. We make multiple US trips usually in summer for vacations and we already even missed a couple of wedding overseas because of this. Hence thinking about trying her PR renewal under H&C grounds. Anyone have any experience or any opinion/advice on this?

Thanks

 

[steaky]

Hi All,
Appreciate your advice in advance.
I am a H1B daily commuter and Canadian resident. Will be renewing my PR in a week (and no issues with RO, so, expecting no issues in getting PR renewed). I have two kids, one going to school in Canada and both have their PRs valid for 4.5 yrs more. However, my wife's PR has expired and she is short of meeting RO by 5.5 months. She is a homemaker and has been living in Canada full time, except two separate 20 days and 1.5 months vacations outside the country.
Can we apply for her PR renewal under H&C grounds, considering her family ties in Canada and the fact that rest 3 of us in family have a good PR status in Canada? Or, will we be inviting a risk of Residency Obligation investigation and possibly removal order?

We could wait until 5.5 more months and apply for her PR renewal but all her summer, we wont be able to leave Canada. We make multiple US trips usually in summer for vacations and we already even missed a couple of wedding overseas because of this. Hence thinking about trying her PR renewal under H&C grounds. Anyone have any experience or any opinion/advice on this?

Thanks

Since she can travel to USA, she can still return to Canada (without PR card) at a land border. Therefore, I suggest she wait to apply until she meet her RO.

If you want to travel overseas: Travel to a US destination by road, then fly to an overseas destination and return to a Canadian destination via the US by road on your private vehicle or by foot.

 

[scylla]

Hi All,
Appreciate your advice in advance.
I am a H1B daily commuter and Canadian resident. Will be renewing my PR in a week (and no issues with RO, so, expecting no issues in getting PR renewed). I have two kids, one going to school in Canada and both have their PRs valid for 4.5 yrs more. However, my wife's PR has expired and she is short of meeting RO by 5.5 months. She is a homemaker and has been living in Canada full time, except two separate 20 days and 1.5 months vacations outside the country.
Can we apply for her PR renewal under H&C grounds, considering her family ties in Canada and the fact that rest 3 of us in family have a good PR status in Canada? Or, will we be inviting a risk of Residency Obligation investigation and possibly removal order?

We could wait until 5.5 more months and apply for her PR renewal but all her summer, we wont be able to leave Canada. We make multiple US trips usually in summer for vacations and we already even missed a couple of wedding overseas because of this. Hence thinking about trying her PR renewal under H&C grounds. Anyone have any experience or any opinion/advice on this?

Thanks

You haven't said what her H&C consideration are for not meeting the residency requirement. I would strongly recommend waiting until she meets RO unless she has strong H&C considerations.

Strong ties to Canada and the fact the rest of you meet RO generally aren't H&C considerations. She needs to show what forced her to remain outside of Canada and not meet RO.

If she only has 1.5 months and 20 days outside of Canada then it doesn't make sense why she doesn't meet RO.

 

[Buletruck]

Hi All,
Appreciate your advice in advance.
I am a H1B daily commuter and Canadian resident. Will be renewing my PR in a week (and no issues with RO, so, expecting no issues in getting PR renewed). I have two kids, one going to school in Canada and both have their PRs valid for 4.5 yrs more. However, my wife's PR has expired and she is short of meeting RO by 5.5 months. She is a homemaker and has been living in Canada full time, except two separate 20 days and 1.5 months vacations outside the country.
Can we apply for her PR renewal under H&C grounds, considering her family ties in Canada and the fact that rest 3 of us in family have a good PR status in Canada? Or, will we be inviting a risk of Residency Obligation investigation and possibly removal order?

We could wait until 5.5 more months and apply for her PR renewal but all her summer, we wont be able to leave Canada. We make multiple US trips usually in summer for vacations and we already even missed a couple of wedding overseas because of this. Hence thinking about trying her PR renewal under H&C grounds. Anyone have any experience or any opinion/advice on this?

Thanks

If she's only 5.5 months out of compliance, why not wait until she's compliant to renew her PR?

 

[ustocanada49]

Oh, she can travel to US and return to Canada via land order with an expired PR card and not meeting residency obligation without raising any red flags?

Since she can travel to USA, she can still return to Canada (without PR card) at a land border. Therefore, I suggest she wait to apply until she meet her RO.

If you want to travel overseas: Travel to a US destination by road, then fly to an overseas destination and return to a Canadian destination via the US by road on your private vehicle or by foot.

 

[steaky]

Oh, she can travel to US and return to Canada via land order with an expired PR card and not meeting residency obligation without raising any red flags?

Anyone can use an expired PR card for returning to Canada. However, sometimes they will be examined if they meet residency obligation and might be flagged.

 

[YVR123]

However, my wife's PR has expired and she is short of meeting RO by 5.5 months. She is a homemaker and has been living in Canada full time, except two separate 20 days and 1.5 months vacations outside the country.

It doesn't make sense that she was only outside for 20 days and 1.5 months and still doesn't meet RO.
Did she live outside of Canada when she first got PR and didn't move back until recently?

It's a risk to travel outside without meeting RO. She can return at the land border with an expire PR card BUT it still have the risk of being reported.

So it depends on how much risk she wants to take for vacations.

 

[ustocanada49]

It doesn't make sense that she was only outside for 20 days and 1.5 months and still doesn't meet RO.
Did she live outside of Canada when she first got PR and didn't move back until recently?

It's a risk to travel outside without meeting RO. She can return at the land border with an expire PR card BUT it still have the risk of being reported.

So it depends on how much risk she wants to take for vacations.

Yeah, she moved to Canada late and once she moved, she stayed in Canada continuously except above two vacations.

Anyway, thanks for the reply