Best Course of Action for Regaining PR and Citizenship for My Family

[harjeetm]

I moved to Canada on PR from the US (I was there on an H1B visa) and will be filing for my citizenship soon this year. My son and wife are still in the US on H1 and H4 visas. The Canadian PR for both my spouse and son has now expired. What is the best course of action for my son to regain PR in Canada and eventually obtain citizenship? We are considering filing for his PR again (or reinstating his expired PR if possible) when he turns 18 and is ready to join college. We plan to invite him to Canada under the family sponsorship program so he can attend college in Canada and eventually get his citizenship. Additionally, we need to invite my wife back to Canada. What would be the best course of action for my wife and son?

 

[armoured]

I moved to Canada on PR from the US (I was there on an H1B visa) and will be filing for my citizenship soon this year. My son and wife are still in the US on H1 and H4 visas. The Canadian PR for both my spouse and son has now expired. What is the best course of action for my son to regain PR in Canada and eventually obtain citizenship? We are considering filing for his PR again (or reinstating his expired PR if possible) when he turns 18 and is ready to join college. We plan to invite him to Canada under the family sponsorship program so he can attend college in Canada and eventually get his citizenship. Additionally, we need to invite my wife back to Canada. What would be the best course of action for my wife and son?

Your understanding of the PR situation is incorrect, PR status does not 'expire', only PR cards expire. Your spouse and child remain PRs until the status is revoked or renounced.

What's relevant is not the card info but their compliance with the residency obligation (presumably well out of compliance, but details matter), and whether it will be more efficient for them to attempt to reinstate/come back into compliance with the residency obligation OR renounce the PR status and reapply.

You should look and post in this forum, about the residency obligation:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

I wont' prejudge because again, details matter. BUT if you are in compliance with the residency obligation, you can sponsor them anew, and renounce/re-apply MIGHT be more convenient and efficient.

(Details matter: timelines, their ability to continue to reside in USA in interim, healthcare access there or in Canada, eligiblity to work in Canada, etc. Your son's eligibility for domestic tuition fees is a bit complicated, as in practice it may be difficult to show he's a PR. If he wants to attend college/university in late 2025/early 2026, the timing might work out).

 

[harjeetm]

Your understanding of the PR situation is incorrect, PR status does not 'expire', only PR cards expire. Your spouse and child remain PRs until the status is revoked or renounced.

What's relevant is not the card info but their compliance with the residency obligation (presumably well out of compliance, but details matter), and whether it will be more efficient for them to attempt to reinstate/come back into compliance with the residency obligation OR renounce the PR status and reapply.

You should look and post in this forum, about the residency obligation:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

I wont' prejudge because again, details matter. BUT if you are in compliance with the residency obligation, you can sponsor them anew, and renounce/re-apply MIGHT be more convenient and efficient.

(Details matter: timelines, their ability to continue to reside in USA in interim, healthcare access there or in Canada, eligiblity to work in Canada, etc. Your son's eligibility for domestic tuition fees is a bit complicated, as in practice it may be difficult to show he's a PR. If he wants to attend college/university in late 2025/early 2026, the timing might work out).

Thank you for your response and yes you are correct that PR status never expire (i just worded it incorrectly, i should have mentioned PR card expired, apologies). I was worried that if they try to enter by land using expired PR card the officer may revoke their status and further complicate the scenario. For college he will come when he is around 18 so we have few years. Regarding the timelines, they have no issues staying there in US, no worries about healthcare too. and yes they are out of status as they never stayed in Canada to complete the residency obligations

 

[armoured]

Thank you for your response and yes you are correct that PR status never expire (i just worded it incorrectly, i should have mentioned PR card expired, apologies). I was worried that if they try to enter by land using expired PR card the officer may revoke their status and further complicate the scenario. For college he will come when he is around 18 so we have few years. Regarding the timelines, they have no issues staying there in US, no worries about healthcare too. and yes they are out of status as they never stayed in Canada to complete the residency obligations

No worries, of course. The procedure is that if they arrive at land border, they will be let in, but could be reported (which starts process of revoking status, subject to appeal and arguments etc). It's possible they would not be reported - eg because spouse residing in Canada - but then have issues with access to some services.

(They're not out of status, just out of compliance with the RO - different terminology with different implications).

Key point: are you in compliance with the residency obligation? If not, when will you be? You really should not apply to sponsor them until you are.

So in your case renouncing and applying to sponsor them anew might make sense - not advice, inform yourself first. Having time to do it would certainly make more sense (ie. not urgent for kid). You could start the process anytime; I'd suggest sooner, as long as the timeframe for them to move to Canada is within ~24 months. (This is not a strict rule, just my suggestion to avoid having issues with residency obligation in future and retain some flexibility for travel)