Can only 1 of us move to Canada?

[vcoer]

Me and my spouse both currently work in US on Visa (Indian Citizens). Both of us got PR 2 years back. Meanwhile got 2 kids (American Citizens who do not have Canadian PRs). I was fed up of US immigration and wanted to make Canada my home. But at the same time, I don't want to risk both of our jobs in one go (especially when I heard the job Market in Canada is not so hot). Therefore, I want to go alone myself - find a job and settle down before calling my wife there. But this might take some time and meanwhile, my wife might fail to fulfill her RO for the PR. My questions are

1. Is it possible (and advisable) that only I go to Canada first, maintain my PR and later again apply for my wife's PR (whose initial PR would be expired now)?

2. If the answer to above is yes, would my wife voluntary need to renounce her existing PR, before I would be able to apply for her new PR again?

3. If the answer to #2 is yes, then when should we apply to renounce this PR - before it expires or is it okay to apply later?

4. Finally, I hope it would be easy for me to apply for Canadian PRs for my kids while I am in Canada. Any possible issues there?

Thanks a lot!

 

[rrahul963]

Bump

 

[vcoer]

Bump

what does that mean?

 

[vcoer]

what does that mean?

I get it.. I think its supposed bump the thread back up to the top of the list.. thanks..

 

[canuck78]

Yes you can move first. It would be much better if your wife moves before she is not compliant with her RO. If she gets reported she will still be able to enter Canada. You would have sponsor her again if she does get reported. If she enters without being reported she should remain in Canada for 730 days until she is compliant with RO, Because you need to sponsor your child you need to be compliant with your RO. You also have to be in Canada to sponsor your children. Usually takes 6-10 months but might be a bit faster for US citizens.

 

[21Goose]

Permanent Resident status does not expire. The PR Card expires, but your status does not simply expire.

However, if your wife does not meet her residency obligations, here's what will happen.

First, your wife has to reach the Canadian border and ask CBSA to let her in. There are two ways to do this:

1. Your wife will attempt to enter Canada after her PR card expires. Since she's in the US, she can do this by driving to the Canadian border in a private car. She cannot fly/take a train/bus to Canada. There's another method of getting a PRTD, but you don't need that since you're in the US and can drive.

2. Your wife will attempt to enter Canada before her card expires, but without meeting her RO (say she travels with one month left on it). She can fly/take a train/bus, or drive in. Airlines don't care about RO, they just want to see a valid card.

Either way, your wife has now arrived at the border, and the CBSA officer can see that she has not met her RO. The CBSA officer has two choices:

1. Let her in, and ignore the lack of RO. The officer will ask her why she didn't meet the RO and may be satisfied with her answers. If this happens, she's lucky and simply needs to stay in Canada long enough to establish her RO (so for two years). This is the best case scenario.

2. Let her in, but also write a report that begins the process of revoking her PR status. This is the worst case scenario

Either way, she will be allowed to enter the country since she has the right to enter. The best case scenario doesn't' need to be examined further since it's all good and she simply needs to stay put in Canada for two years.

In the worst case scenario, her PR will be revoked and she will be found inadmissible. However, she can appeal this to the IAD and there's a decent chance of winning if you can show that you have full intention of living in Canada. If she loses and is once again a foreign national you can simply sponsor her again under the Spousal Sponsorship category.

So with that context in mind, let's answer your questions

1. Is it possible (and advisable) that only I go to Canada first, maintain my PR and later again apply for my wife's PR (whose initial PR would be expired now)?

Yes, it is possible.

2. If the answer to above is yes, would my wife voluntary need to renounce her existing PR, before I would be able to apply for her new PR again?

No, she doesn't need to voluntarily renounce. She may not have to give it up, and if she has to, you can apply for her PR again.

3. If the answer to #2 is yes, then when should we apply to renounce this PR - before it expires or is it okay to apply later?

You shouldn't renounce. No need to.

4. Finally, I hope it would be easy for me to apply for Canadian PRs for my kids while I am in Canada. Any possible issues there?

Yes, easy enough. Takes 6-12 months.

 

[vcoer]

@21Goose , thanks a lot for an almost unbelievably complete and extremely helpful answer!

 

[vcoer]

@21Goose, would appreciate one more clarification, related to something in your answer:

" Let her in, and ignore the lack of RO. The officer will ask her why she didn't meet the RO and may be satisfied with her answers. If this happens, she's lucky and simply needs to stay in Canada long enough to establish her RO (so for two years). This is the best case scenario."

-> In this case, could it cause an issue in the future e.g. while applying for citizenship? Do they have a question, where they ask "have you ever failed in maintain RO for PR"?

Thanks.

 

[k.h.p.]

@21Goose, would appreciate one more clarification, related to something in your answer:

" Let her in, and ignore the lack of RO. The officer will ask her why she didn't meet the RO and may be satisfied with her answers. If this happens, she's lucky and simply needs to stay in Canada long enough to establish her RO (so for two years). This is the best case scenario."

-> In this case, could it cause an issue in the future e.g. while applying for citizenship? Do they have a question, where they ask "have you ever failed in maintain RO for PR"?

Thanks.

When you apply for citizenship, the RO will be reviewed. Of course, the RO for citizenship is something you also need to think about before you apply. So it may cause challenges in the future, but if she somehow miraculously is not reported because the CBSA officer was satisfied with her answers - then it shouldn't count too much against her. RO can be waived if there are appropriate circumstances.

 

[21Goose]

@21Goose, would appreciate one more clarification, related to something in your answer:

" Let her in, and ignore the lack of RO. The officer will ask her why she didn't meet the RO and may be satisfied with her answers. If this happens, she's lucky and simply needs to stay in Canada long enough to establish her RO (so for two years). This is the best case scenario."

-> In this case, could it cause an issue in the future e.g. while applying for citizenship? Do they have a question, where they ask "have you ever failed in maintain RO for PR"?

Thanks.

No. If she is allowed in and maintains her RO subsequently, as far as I know it will not affect her application for citizenship.


Citizenship requirements are currently 3/5 years, so if someone qualifies for citizenship, it means that they de facto maintained their RO. Again, as far as I know, any prior lapses do not matter as they have been corrected by the time of the citizenship application.