Hello All, I had a question regarding my mother who landed in Vancouver in 2000 having PR rights but left 8 months after and returned back home due to some family issues.I kept on extending her visa (PR) for about 3 years and couldn't after that.So now I would like my dad who is a Canadian citizen to sponsor her to come to Canada and join the family and am not sure how to go about it as she had her previous PR which wasnt cancelled but she has been out of Canada since the year 2000 .Any answers or Info would be much appreciated. Thanks
Sponsoring Family Member with Previous PR
- Thread starter Simba82
- Start date
She is still technically a PR. If she can get into Canada without being reported, she can 'lay low' until she is back in status, which will take 3 years. If she is reported at the border for not meeting RO, she would then need to renounce her current PR status and your Dad may then sponsor her again for PR provide they are still married and so on and so forth.
This at the bottom of the link you sent:
Time spent living in Canada
When you are a permanent resident, you can live outside of Canada, but must live in Canada for at least two years in a five-year period. If you live outside of Canada for longer, you may lose your permanent resident status
She has only been in Canada for 8 months
So get in through a visitor visa but wouldn't they have her information stored somewhere that she still holds a PR.Only document I have of her is the landing record for some reason I cant find her PR card will that be a problem? Also if I renounced her PR and re applied for a new process my dad being the sponsor who is also retired now would that be an issue or should I apply for her as am not sure if income is an issue as my dad is retired....Thanks for the replies
If she needs a visa to enter Canada then she is pretty well stuck, unless she can get a visa to the US and then cross via land border. Again, if she gets reported, then she will lose her PR. If she doesn't get reported she will have to lay low until she is again in compliance with RO. That would mean no leaving, not even for a day outside Canada (otherwise risking it all again trying to re-enter). Your dad would sponsor her again, provided they are still married, so on and so forth. His retirement wont' be a hindrance since he doesn't have to prove income, only needs to prove they won't be on social assistance. You would need to meet a certain income requirement then be picked for the parent sponsorship lottery. In short, much easier for your dad to sponsor his wife again.
Something that you said makes no sense. "I kept on extending her visa (PR) for about 3 years and couldn't after that."
Please could you explain exactly what you mean by this, as you can't "extend a PR visa".
I had to fill and submit a RETURNING RESIDENT PERMIT IMM 1442 which would extend her PR for one year and they only allowed it for 3 years
So best if I just renounce her PR and tell my dad to re-apply for her again...problem is getting into Canada would be an issue and don’t want to risk anything with immigration hopefully it’s not an issue to re apply after renouncing her PR any answers would be helpful and thanks
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That appears to only have been in use pre-IRPA, so a very long time ago. It's of no relevance under the current immigration legislation. I believe that it was obsoleted when IRPR came into force.
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It was due to the Temporary absence from Canada that I had to apply for this and was suggested by the Canadian consulate
Yes, I updated my post after I realized that you were referring to obsoleted documents used before IRPA came into force.
In fact, even having the "Returning Resident Permit" may not have been enough back then. Because she was outside Canada for more than 183 days, she may have been deemed to have "abandoned" Canada and lost her residency under the provisions of the Immigration Act anyway.
https://secure.immigration.ca/permres-preserving-false.asp makes for an interesting read.
Moreover, a returning resident permit once issued, is no guarantee of admission to Canada for a permanent resident that has remained outside of Canada for a lengthy period of time or has not secured the necessary ties to Canada. Possession of such a permit, in the absence of evidence to the contrary, merely provides prima facie proof that a person did not leave or remain outside of Canada with the intention of abandoning Canada as the person's place of permanent residence. Permanent residents in possession of the permit are generally able to refute the presumption created by section 24(2) of the Immigration Act which provides that where a permanent resident is outside of Canada for more than 183 days in any 12 month period, that person shall be deemed to have abandoned Canada as his or her place of permanent residence.
So just to be safe I should just send in her renouncement papers and re start a new application my dad being the sponsor all am worried about is the since she didnt satisfy the stay requirements from the previous PR hopefully they dont refuse her new application so looking for this answer thanks again