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?
Best Course of Action for Regaining PR and Citizenship for My Family
- Thread starter harjeetm
- Start date
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
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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)
Good to know, assuming I start process after i become citizen, and have to step out of Canada for longer duration, can I still proceed with this procedure if I'm not in Canada and not working in Canada
Yes. They may ask you for evidence of intent to return to Canada with family and/or could result in delays as they consider that. They are reluctant to provide PR status as status of convenience, and sponsors not spending time in Canada/extensive outside and holding other status overlap with that.
Although technically possible if your family remained in the US and you left the US without them to secure Canadian citizenship and then returned immediately to the US would expect more scrutiny of your file. If you worked for your US employer from Canada and returned to the employer in the US even more scrutiny. There may be concern you are trying to secure PR for primarily your child and have no intention of settling in Canada yourself. How exactly is your family eligible for visas if you are not living in the US as the H1B holder?
Unless you have been driving into Canada regularly and leaving while living in the US I would be very concerned with the fact your family is not meeting the terms of their US visas. Is your employer also aware that you are living in Canada? Your family seems to be receiving US healthcare coverage (assume through your employer) which they would not be receiving if your employer knew you were living in Canada. US immigration is not someone you want to deal with.
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agree but thats not a concern, i work for Canadian employee and i live and work in Canada. My wife has her own visa status in US and her own health care