Husband's PR CARD

[woodbird625]

Hello,
My husband's PR is expiring by mid of 2016 and we are all due for renewal (with my 2 kids).
He has not met his residency obligation due to employment abroad and continued support to us financially here.

Can I still re-apply for his Canadian PR as a spouse?
What are the procedures for his current case as a Canadian PR (as he has not met his PR obligation)?
Can he still visit us before his visa expire (sometime in May)?
Do I have to submit any form for him when we submit our renewal application ?
Should I inform or inquire immigration office about my husband's PR Status ?

I humbly solicit your advise as I am confuse right now. Thank you.......

 

[steaky]

Do not even try to renew your husband's PR card if he does not meet the obligation.

 

[Leon]

With yourself and your children in Canada meeting the RO (residency obligation) you will have no problems renewing the PR cards for you. Your husband however is another matter. There's no free ride for being a spouse.

He can still continue to visit as long as his PR card is valid. Immigration may give him problems, report him if they find out he doesn't meet the RO. If that happens, he should just accept the loss of his PR. Sure he could appeal but it doesn't seem like he has any appeal grounds. Staying outside Canada because of a job is not appeal grounds, that is unless he was hired in Canada and transferred to a full time position outside, then he would meet the RO but I don't suppose that is the case.

After his PR card expires, he can renounce it and apply for a multiple entry visit visa. If your intentions are for him to move to Canada at some point, you can sponsor him for PR again.

 

[woodbird625]

Thank you Leon for your reply.

If I re-apply for a PR for him how much time it takes again for a spouse to sponsor ?
If he comes in May 2016 and get reported at the airport for not meeting his RO, do I still need to inform the immigration of his PR status before I sponsor him for PR again.
After his visa expires without meeting his RO, will it be an issue if he applies for a multiple visit visa resulting to delay or rejection in granting a visit visa for him?

Thank you so much Leon, your advises are really helpful.

 

[Leon]

Thank you Leon for your reply.

If I re-apply for a PR for him how much time it takes again for a spouse to sponsor ?
If he comes in May 2016 and get reported at the airport for not meeting his RO, do I still need to inform the immigration of his PR status before I sponsor him for PR again.
After his visa expires without meeting his RO, will it be an issue if he applies for a multiple visit visa resulting to delay or rejection in granting a visit visa for him?

Thank you so much Leon, your advises are really helpful.

The processing time for a spouse to sponsor depends on the visa office as well as each individual case and may take somewhere from 8 to 18 months.

If he gets reported at the airport for not meeting the RO, he should accept that and renounce his PR. He will still be given a notice to change his mind. Only after that time, he loses his PR. You can not sponsor him for PR while he is still PR. You have to wait for him to lose the old PR status before you sponsor him. He does not lose the PR status automatically either just because the PR card expires.

Same with visit visa. He can not apply for a visit visa until he has lost or renounced the PR status. Having lost PR status due to not meeting the RO is not a hindrance towards getting a visit visa. I have heard several people say they were granted a visit visa without a problem after losing PR.

Keep in mind that if he does not intend to settle in Canada within the next 3 years it would be a waste of time and money to sponsor him for PR again as he would just not meet the RO again and would end up in the same situation.

 

[woodbird625]

Thank you very much Leon your replies are so informative.

What do you mean of renouncing the PR status? Renouncing PR status means the person can no longer be a Permanent Resident.
In my husband's case he has already accepted that he is losing his PR (once reported when he enters again and stay for 3 weeks before his visa expires) but our idea is not to renounce the PR status. We will wait till such time his visa expires before I sponsor him.
He will then apply for visit visa when returning again after his visa expires. Am i right Leon?

I have read about renouncing the PR status and I am not sure how it will affect my application.

 

[Leon]

Thank you very much Leon your replies are so informative.

What do you mean of renouncing the PR status? Renouncing PR status means the person can no longer be a Permanent Resident.
In my husband's case he has already accepted that he is losing his PR (once reported when he enters again and stay for 3 weeks before his visa expires) but our idea is not to renounce the PR status. We will wait till such time his visa expires before I sponsor him.
He will then apply for visit visa when returning again after his visa expires. Am i right Leon?

I have read about renouncing the PR status and I am not sure how it will affect my application.

You don't understand. PR status does not expire. He is currently a PR but does not meet the RO. His PR card can expire but his PR status will not. This old PR status is useless because he doesn't meet the RO, therefore he can not apply to renew his PR card. This old PR status needs to go before you can sponsor him and before he can apply for a visit visa.

Renouncing his old PR status will not prevent him from getting PR again. On the contrary, renouncing the old PR status will allow him to be able to get new PR.

If he does not want to renounce his old PR status, he doesn't have to. In that case, he would have to wait until his PR card expires. He needs to be outside Canada. He needs to apply for a PR travel document. The travel document will be denied based on that he doesn't meet the RO. He will have 60 days to appeal. He will not appeal. As a result, he will lose the old PR status.

This could also happen sooner if he gets reported on entry on his next visit. In that case, he doesn't appeal the report and will lose his PR status as a result.

 

[woodbird625]

Thank you Leon.....

As what you've said, he can enter Canada as long as his PR Card is valid.
His PR card expires on July 2016 and he plans to enter by mid of June 2016 to stay for a month
By the time he leaves Canada his PR Card is already expiring.

Once his PR Card expires, after few months can I start my application to sponsor him and can he apply for a visit visa ?
because for sure he will get reported when he enters and he will not appeal the report resulting to lose his PR status.

Sorry Leon, this may sound monotonous, I just want to clarify all these issues.......

Again, thank you so much.

 

[kateg]

Thank you Leon.....

As what you've said, he can enter Canada as long as his PR Card is valid.

He can enter Canada as long as his PR status is valid. When crossing the border, however, he may be reported. If he is reported, there is a hearing where PR can be taken (unless he gives it up voluntarily).

Without a PR card, the airline will generally not let him board. After mid-March, they won't let him board without a valid card or PR travel document. If he fails to meet the Residency Obligation, then applying for either of those will likely result in the loss of PR status.

His PR card expires on July 2016 and he plans to enter by mid of June 2016 to stay for a month
By the time he leaves Canada his PR Card is already expiring.

He may be reported when he crosses the border.

Once his PR Card expires, after few months can I start my application to sponsor him and can he apply for a visit visa ?

There is a difference between the card and his status. His status remains until he either loses the status, or gives it up. Once he loses his status, you can sponsor him.

because for sure he will get reported when he enters and he will not appeal the report resulting to lose his PR status.

He may, or may not be reported. It's up to the officer. With family in Canada, they may be more forgiving. They may not.

Once his card expires, the airline will not let him fly anymore. He will be a permanent resident, but unable to travel on the airline. He will then have to apply for a card or a travel document, at which point he loses his status. You can then sponsor him.

 

[woodbird625]

His entering Canada in June 2016 and his PR Card expires in July 2016, he will stay for a month, will he be allowed to board by the airline ? because you mentioned Mid-March.

Thank you so much "Kateg" and " Leon". Your replies are so informative and helpful.

More power and success to all of you. You are doing a great job ! May God bless you and your family.....

 

[Leon]

His entering Canada in June 2016 and his PR Card expires in July 2016, he will stay for a month, will he be allowed to board by the airline ? because you mentioned Mid-March.

Thank you so much "Kateg" and " Leon". Your replies are so informative and helpful.

More power and success to all of you. You are doing a great job ! May God bless you and your family.....

He will be allowed to board with a valid PR card. Mid March is referring to a rule change with CIC where visa exempt travellers will be forced to apply for a pre-approval for entering and visa exempt PR's will have to carry valid PR card or PR travel documents.

It is not certain that he will be reported on entry. It's never certain. So if he isn't, he will simply visit you and then leave again. His PR card will expire around the time he leaves. So if he doesn't get reported, he will not lose his PR status. In that case, you can not sponsor him and he can not apply for a visit visa because he is still a PR. So in order to lose his PR status, he would then either have to renounce it or he would have to apply for a PR travel document which would be denied and then he would lose it. After he's lost it, then he can apply for a visit visa and/or you can sponsor him for PR again. However, as I said before, unless he is planning on joining you in Canada in the next 3 yrs. or so, it would be a waste of time and money to sponsor him for a new PR at this point as he would end up in the same situation again. It would be a more practical solution for you to have him apply for a visit visa for now and once it is looking like he is ready to settle in Canada, then you can sponsor him for PR.

 

[woodbird625]

Ok noted. Thank you so much Leon, now it's getting clearer. Appreciate all the information you provided.

Again, thank you....

 

[Canehdian Girl]

Hi,
My husband has voluntarily relinquished his PR at the airport once the officer told him that he did not meet the RO. Now, I am a Canadian citizen, living in Canada and I want to sponsor him back. My question is how can I do that? Is it a whole new application with proofs that we are married and all? or since he had a PR previously and a UCID# and a COPR and SIN, there is another trajectory?
Kindly advise
Thank you

 

[PMM]

Hi

Hi,
My husband has voluntarily relinquished his PR at the airport once the officer told him that he did not meet the RO. Now, I am a Canadian citizen, living in Canada and I want to sponsor him back. My question is how can I do that? Is it a whole new application with proofs that we are married and all? or since he had a PR previously and a UCID# and a COPR and SIN, there is another trajectory?
Kindly advise
Thank you

1. A complete new application. No other choice, unless he wants to apply via EE

 

[Canehdian Girl]

Thank you