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Only the principal applicant meets PR obligation

CanadaFann

Newbie
Apr 26, 2018
3
0
Hi,

I appreciate it if anyone can answer my below question please:

My wife and I both became PRs at the same time but I was the principal applicant. We are now living outside Canada. Now if I return to Canada ALONE in order to meet my residency requirement to keep my PR status, will my wife also keep her PR status automatically if she stays abroad? If not, what will happen to her PR status?

Many thanks in advance
 
Last edited:

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hi,

I appreciate it if anyone can answer my below question please:

My wife and I both became PRs at the same time but I was the principal applicant. We are now living outside Canada. Now if I return to Canada ALONE in order to meet my residency requirement to keep my PR status, will my wife also keep her PR status automatically if she stays abroad? If not, what will happen to her PR status?

Many thanks in advance
Absolutely not. Her PR status will not change, as it never just "expires". However it's her responsibility to make sure that she remains in compliance with the residency obligation requirements independently of you. Your compliance and obligations are not linked. She will be subject to the same RO examination as anyone else in her next interaction with IRCC or CBSA
 

CanadaFann

Newbie
Apr 26, 2018
3
0
Absolutely not. Her PR status will not change, as it never just "expires". However it's her responsibility to make sure that she remains in compliance with the residency obligation requirements independently of you. Your compliance and obligations are not linked. She will be subject to the same RO examination as anyone else in her next interaction with IRCC or CBSA

Thanks for your reply

But if I return to keep my PR status and she stays abroad, based on what you say, she will not meet the residency requirements. Is there a way then for me to have her in Canada as my Dependant?
 

mats

Hero Member
Nov 2, 2010
464
38
Category........
Visa Office......
London
NOC Code......
3113
Job Offer........
Pre-Assessed..
App. Filed.......
21-01-2011
AOR Received.
18-03-2011
Med's Done....
18-03-2012
Passport Req..
Sent 19-03-2012
VISA ISSUED...
30-Mar-2012
LANDED..........
12-July-2012
Thanks for your reply

But if I return to keep my PR status and she stays abroad, based on what you say, she will not meet the residency requirements. Is there a way then for me to have her in Canada as my Dependant?
As mentioned earlier, she will still be a PR unless she tries to enter Canada and is reported by CBSA of failing to maintain her RO. Or else she can go to the Canada mission post in the country she is and renounce her PR. And then you can sponsor her under family class.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Once your wife loses her PR status then she would enter the country as a visitor with a limited stay each time. She would have no access to health care or any other benefits of being a PR. Your wife’s PR status as said is hers to maintain so if she loses it there isn’t any way for her to stay long term in the country as your dependant.

Sure if she loses her PR status you could sponsor her again in the future but giving up PR status for most people would be a last resort.
 

evdm

Hero Member
Jun 16, 2017
650
360
You and your wife were given PR to come to Canada and contribute to Canadian society. There are definitely circumstances which warrant a PR to be outside of Canada, which is in part why the residency obligation is set so low (40% of your time in a 5-year period must be spent in Canada). Even that may not be sufficient for some, which is why there are humanitarian and compassionate grounds that would allow for someone to maintain their status if they are not compliant; however, there must also be the intention to return and settle in Canada for that to be successful, again relating to the principle of PR Status existing for the benefits immigrants bring to Canadian Society.

Therefore, it's not looked upon very favourably by IRCC if it is suspected that someone is only using PR Status to give themselves the option of coming to Canada, when really there's no immediate or long-term intent to settle in Canada. This applies individually to every PR. So, if you or your wife do not intend on coming to Canada to live permanently (and long-term), PR status might not be for you. Doing only what it takes to meet the minimum requirements is definitely legal, and permissible, but it does not meet the spirit of the Canadian immigration system and the principle objectives of PR Status.

The Residency obligations have changed in the past, and they may change again in the future if it's found that too many people are simply obtaining PR status to have it as an option, and not to come to settle in Canada for the long-term. I should also note, that if you're serious about living in Canada, it's also currently not very burdensome to become a citizen; and Canada is very generous with its requirements for citizenship when compared to many other countries.

You and your wife should evaluate whether you really want to come to Canada and settle there, and be prepared to both meet the requirements of being a PR; or if your life together will primarily be outside of Canada.