Do i meet the RO ?

[Fatimaz]

I need guidance regarding the renewal of my PR Card.
I was sponsored by my husband in March 2001. I stayed in Canada until July 2003 and then moved abroad with him because of his job. My husband and 2 daughters are Canadian citizens.
My last visit to Canada was in July 2007.
My PR Card expired in 2008.
I couldn't visit Canada due to certain family obligations. I have been accompanying my Canadian spouse and children throughout this time period.
I would like to return to Canada permanently now with my family and for that I need to renew my PR status.
Please guide me through this process.
Should I enter through USA or apply for PRTD ? Which is the best approach ?

 

[meyakanor]

There is a whole another thread discussing precisely this kind of situation

https://www.canadavisa.com/canada-immigration-discussion-board/threads/who-accompanied-whom-can-matter-for-prs-living-with-citizen-spouse-abroad-update.579860/

I suggest you take a look at the thread above. @dpenabill might be interested in commenting.

It looks to me that you may be fine, since in most cases, it doesn't matter who accompanies whom (but it CAN matter, and there have been cases where PRs lost their status because they were simply not given the RO credit for days they spent with their citizen spouses abroad).

So did you leave Canada and then join your husband, or did you leave first and then he left to join you?

Was it your husband that was compelled to move because of his job? Or was the job something that he found after you moved there, and it was you with the reason to move there.

 

[Fatimaz]

Me and my husband both left together . It was because of his job that I moved . I'll post in the other thread . Thanks

 

[bricksonly]

If he makes money for all family, then it's you follow him. You need to clearly show proof of his job when you apply for PRTD.

 

[Fatimaz]

I do have supporting documents like marriage certificate, my husband's job contract stating FAMILY status , medical records and health cards, school records of my children , husband and mine valid residence permit of our current country , our travel history together, spouse's citizenship card that's he got in 2001, spouse and children's Canadian passports ......What else can I attach as as supporting documents ?

 

[Fatimaz]

Also should I hire a lawyer/consultant ?

 

[bricksonly]

I don't think you need a lawyer right now. Just apply for PRTD first. If PRTD is refused
1. enter Canada by land crossing with your family and appeal; or give up old PR then
2. Have your husband sponsor you again

 

[Bentham]

I don't think you need a lawyer right now. Just apply for PRTD first. If PRTD is refused
1. enter Canada by land crossing with your family and appeal; or give up old PR then
2. Have your husband sponsor you again

I do not think her husband can sponsor here unless he returns to Canada.

 

[dpenabill]

Regarding sponsoring spouse if the spouse loses PR status due to a breach of the PR Residency Obligation:

I do not think her husband can sponsor here unless he returns to Canada.

A Canadian who is a citizen of Canada can make the sponsorship application for his or her spouse while living outside Canada, but must have (and declare) a concrete plan to relocate to and live in Canada once the citizen's family has PR.

A Canadian who only has PR status in Canada must be IN Canada, living in Canada, to make the spousal sponsorship application.

For someone who loses PR status due to a breach of the PR Residency Obligation there is little or no point in applying for PR again UNLESS and UNTIL that individual is personally ready to settle and stay in Canada.

 

[bricksonly]

Regarding sponsoring spouse if the spouse loses PR status due to a breach of the PR Residency Obligation:



A Canadian who is a citizen of Canada can make the sponsorship application for his or her spouse while living outside Canada, but must have (and declare) a concrete plan to relocate to and live in Canada once the citizen's family has PR.

A Canadian who only has PR status in Canada must be IN Canada, living in Canada, to make the spousal sponsorship application.

For someone who loses PR status due to a breach of the PR Residency Obligation there is little or no point in applying for PR again UNLESS and UNTIL that individual is personally ready to settle and stay in Canada.

So, in this case, how about SIN, bank account, RRSP and all property the PR left in Canada when was previous PR? Does new PR need to take a driver's license again? How to calculate years in Canada for retirement benefit?

 

[dpenabill]

So, in this case, how about SIN, bank account, RRSP and all property the PR left in Canada when was previous PR? Does new PR need to take a driver's license again? How to calculate years in Canada for retirement benefit?

Assuming "this case" refers to someone who has had PR then loses it . . . and then later obtains PR status again:

Immigration status has no effect on ownership rights to property in Canada, personal property (including interest in investment accounts) or real property ("real property" meaning land and buildings with fee interest in the land). If, for example, a PR loses PR status, they still retain their ownership rights to any property they have in Canada.

Once an individual has a permanent SIN my understanding is that is their SIN forever. No need to apply for a new one. However, and others here are way more familiar with this than I am, after a period of inactivity (how many years I do not know) the individual may need to reactivate their SIN. My understanding this is a very simple process, and not discretionary (in other words, the government has to re-activate the SIN when proper paperwork is submitted).

Driver's license is Provincial, and the eligibility requirements generally include actual residence in the province. Most, or perhaps all provinces, require immigration status allowing the individual to be a legal resident as well. But immigration status does not necessarily mean the individual meets the actual residence requirement. In any event, "this case" does not have an impact that is any different than other PRs who do not maintain actual residence and and fail to keep their driver's license current, and thus who later may need to go through the process of qualifying and applying for a Provincial DL after re-establishing residence in that Province. (Similarly qualifying for Health Care coverage.)

I was already too old to qualify for Canadian OAS when I immigrated. While I helped my spouse do hers some time ago, she had always lived in Canada so there was no years-of-absence issues. As I recall, it is based on years of actual residence, but only counts actual years AFTER the individual has legal status to reside in Canada. That is, STATUS PLUS RESIDENCE. I believe. Others probably know this one better than me.

CPP is based on years of contributions.