PR complication

[Payal Patel]

M
My husband got his pr in july26th 2018. He came in july 2018 for 2 weeks (14 days) than he left. Later he came back in dec 2018 for another 2 weeks (14 days). So in total he has 28 days in canada.
I had posted earlier and you all suggested if he moves by April 2020, he would have no problem.
Unfortunately cause of covid 19 he does not want to leave his parnets alone in india. Plus because of lockdown most of flights r canceled..He wants to wait till things settle down. I fear he might loose his pr or he won't be let in canada cause of staying out of canada for too long.
What is the latest he can come back and not risk loosing PR? This is his first pr card and it expires sometime in sept 2023...
I am telling me sooner the better but he insists to wait till dec 2020 or jan 2021. And than he will stay in canada forever.
Can someone suggest by what date he can come back? And will border people understand his situation cause of covid 19? And if he stays forever after jan 2021, I know he meets pr obligation but for citizenship will his 3 years start again with new pr card??

I don't know if this helps but my 2 kids and I are canadian citizen and staying in canada. I gave birth to my second child in jan 2020 and he hasn't even seen the ba yet.

 

[steaky]

Nothing to worry about.

If he lose his PR status, being Canadian, you can always responsor him for PR.

 

[mpsqra]

M
My husband got his pr in july26th 2018. He came in july 2018 for 2 weeks (14 days) than he left. Later he came back in dec 2018 for another 2 weeks (14 days). So in total he has 28 days in canada.
I had posted earlier and you all suggested if he moves by April 2020, he would have no problem.
Unfortunately cause of covid 19 he does not want to leave his parnets alone in india. Plus because of lockdown most of flights r canceled..He wants to wait till things settle down. I fear he might loose his pr or he won't be let in canada cause of staying out of canada for too long.
What is the latest he can come back and not risk loosing PR? This is his first pr card and it expires sometime in sept 2023...
I am telling me sooner the better but he insists to wait till dec 2020 or jan 2021. And than he will stay in canada forever.
Can someone suggest by what date he can come back? And will border people understand his situation cause of covid 19? And if he stays forever after jan 2021, I know he meets pr obligation but for citizenship will his 3 years start again with new pr card??

I don't know if this helps but my 2 kids and I are canadian citizen and staying in canada. I gave birth to my second child in jan 2020 and he hasn't even seen the ba yet.

Does he want to live in Canada?
Does he give you child support?
According to your statement, it could be interpreted that you are separated for more than one year, following the Canadian laws.
In Canada does not exist personal reasons, just facts.
Sorry for being so rude.
Good luck.

 

[Payal Patel]

Does he want to live in Canada?
Does he give you child support?
According to your statement, it could be interpreted that you are separated for more than one year, following the Canadian laws.
In Canada does not exist personal reasons, just facts.
Sorry for being so rude.
Good luck.

Lol np. I probably was not clear on my questions.
We have not been separated... we are just on long distance relationships on personal ground. We got .married 2012...cause of his work front he could not leave right away. So we waited till 2017 to file. Unfortunately stuff happen and he still could not come on permanent ground. He came twice.. 14 days each. And he has not come back since jan 2019. And we want to raise our family in canada only. Things are settling down and he was going to come april 2020. But because of covid 19 he does not feel comfortable leaving his aged parents alone. And I don't blame him. So my question is what is the latest he can come and not risk his pr.
Landed first time july 26 2018.
Pr expire sometime in sep 2023

Does that make more sense?
I don't find you rude. I might have been too wordy or confusing.

 

[Payal Patel]

Nothing to worry about.

If he lose his PR status, being Canadian, you can always responsor him for PR.

But what's the guarantee we will get pr for sure?

 

[Islander216]

There's no guarantee, but spousal sponsorship is pretty straightforward for people with legitimate relationships.

It shouldn't be a problem, but it may take some time given covid.

 

[amrelroby]

Lol np. I probably was not clear on my questions.
We have not been separated... we are just on long distance relationships on personal ground. We got .married 2012...cause of his work front he could not leave right away. So we waited till 2017 to file. Unfortunately stuff happen and he still could not come on permanent ground. He came twice.. 14 days each. And he has not come back since jan 2019. And we want to raise our family in canada only. Things are settling down and he was going to come april 2020. But because of covid 19 he does not feel comfortable leaving his aged parents alone. And I don't blame him. So my question is what is the latest he can come and not risk his pr.
Landed first time july 26 2018.
Pr expire sometime in sep 2023

Does that make more sense?
I don't find you rude. I might have been too wordy or confusing.

I think if your husband comes back to Canada before Sept 2021, he should be fine, he only needs two years (730 days) to keep his PR.
The immigration do not check this residency requirement except when you apply for a new PR card or when you enter Canada.
The border/airport check only happens when they suspect you were away from more than 3 years and will not satisfy the PR obligation.

In practice, your husband can come back anytime before his card expires in Sept 2023, but he has to stay in Canada until he completes the 2 years before applying for new card. Note that the five years period is the 5 years preceding your application for a new card, not necessarily the five years since his landing. PR cards are only for traveling, expired PR cards do not change your PR status and you can stay as long as you want in Canada with an expired PR card without any issues.

 

[mpsqra]

Lol np. I probably was not clear on my questions.
We have not been separated... we are just on long distance relationships on personal ground. We got .married 2012...cause of his work front he could not leave right away. So we waited till 2017 to file. Unfortunately stuff happen and he still could not come on permanent ground. He came twice.. 14 days each. And he has not come back since jan 2019. And we want to raise our family in canada only. Things are settling down and he was going to come april 2020. But because of covid 19 he does not feel comfortable leaving his aged parents alone. And I don't blame him. So my question is what is the latest he can come and not risk his pr.
Landed first time july 26 2018.
Pr expire sometime in sep 2023

Does that make more sense?
I don't find you rude. I might have been too wordy or confusing.

good luck

 

[armoured]

I think if your husband comes back to Canada before Sept 2021, he should be fine, he only needs two years (730 days) to keep his PR.

Note if your husband returns to Canada only just before Sept 2021, he will have very limited ability to travel until he meets his RO - or conversely, every time he travels, he will run the risk of being reported for not complying with the RO (and all that entails).

If he has barely been able to visit Canada because of personal reasons, imagine how much harder it will be to basically not travel for those two years without risking his PR status.

If he returns to Canada (and gets in compliance with the RO) sooner, he will have a lot more flexibility to travel without taking that risk, and more time in Canada to convince that any potential (future) RO compliance issues are minor and he's truly residing in Canada (less risk of being reported).

 

[canuck78]

Have you visited him in India? If you ever have to sponsor him again there will certainly be a lot of scrutiny about your marriage since you don’t seem to have lived together since you got married in 2012.

 

[KRP]

M
My husband got his pr in july26th 2018. He came in july 2018 for 2 weeks (14 days) than he left. Later he came back in dec 2018 for another 2 weeks (14 days). So in total he has 28 days in canada.
I had posted earlier and you all suggested if he moves by April 2020, he would have no problem.
Unfortunately cause of covid 19 he does not want to leave his parnets alone in india. Plus because of lockdown most of flights r canceled..He wants to wait till things settle down. I fear he might loose his pr or he won't be let in canada cause of staying out of canada for too long.
What is the latest he can come back and not risk loosing PR? This is his first pr card and it expires sometime in sept 2023...
I am telling me sooner the better but he insists to wait till dec 2020 or jan 2021. And than he will stay in canada forever.
Can someone suggest by what date he can come back? And will border people understand his situation cause of covid 19? And if he stays forever after jan 2021, I know he meets pr obligation but for citizenship will his 3 years start again with new pr card??

I don't know if this helps but my 2 kids and I are canadian citizen and staying in canada. I gave birth to my second child in jan 2020 and he hasn't even seen the ba yet.

You have mentioned in this post that " I gave birth to my second child in jan 2020 and he hasn't even seen the ba yet"
You mentioned your husband " He came in july 2018 for 2 weeks (14 days) than he left. Later he came back in dec 2018 for another 2 weeks (14 days). So in total he has 28 days in Canada.
My understanding is a child is born in 9 months. Keeping this point in mind since your child was born in Jan 2020 your husband should have been here in May 2019 .
Nahi toh kiska bacha hai question will arise.

 

[Payal Patel]

You have mentioned in this post that " I gave birth to my second child in jan 2020 and he hasn't even seen the ba yet"
You mentioned your husband " He came in july 2018 for 2 weeks (14 days) than he left. Later he came back in dec 2018 for another 2 weeks (14 days). So in total he has 28 days in Canada.
My understanding is a child is born in 9 months. Keeping this point in mind since your child was born in Jan 2020 your husband should have been here in May 2019 .
Nahi toh kiska bacha hai question will arise.

Lmao... i traveled to India...

 

[Payal Patel]

Have you visited him in India? If you ever have to sponsor him again there will certainly be a lot of scrutiny about your marriage since you don’t seem to have lived together since you got married in 2012.

Yes we both been back and forth a lot.

 

[Payal Patel]

He is traveling back to Canada and he lands tomm in Toronto.
Pray all goes well for him. Thanks everyone for your help.