Obtaining Canadian PR as family sponsored immediate relative after renouncing it once

[langoorbandar]

This forum has been of great help and I find it much better than FB groups/Reddit etc. I hope I can rely on you all to provide valuable guidance/share your thoughts on our situation which I wasn't able to find any thread about.

So here is my situation, I have been a Canadian PR holder for sometime and coming up on 3 year maximum out of Canada threshold very soon.

I'm the primary PR applicant while my spouse and kid got it as dependent in May 2018. Because of residency obligation, we either have to move to Canada or we will no longer meet RO and will be required to give up our PRs in May 2021.

Considering this, we are thinking that I as a primary can move to Canada prior to May 2021 to satisfy RO requirements while my spouse and kid will stay in our home country (USA) and let their PRs lapse. This is because my spouse's employer is unwilling to offer transfer to Canada and quitting both jobs (me and my wife) and trying to find something in Canada in these trying times is difficult.

As a workaround we are thinking, even if my spouse and kid lose their PR status post May 2021 due to not meeting RO they can always voluntarily renounce it and apply for TRV so that they can visit me as and when needed. Assuming we find that Canada is better suited for us down the road then I can re-sponsor them as immediate relative of a PR holder if I maintain my PR by moving there in May 2021. This can either be done as inland sponsorship or outland depending upon whether my spouse would like to stay employed in US while she waits for the sponsorship application to go through.

Does anyone think there is any caveat in this plan or this is a far fetched plan with no chance of success? Does this even work if one renounces their PR voluntarily and then asks for it as immediate relative in future.

Please share your valuable inputs, thanks in advance.

 

[canuck78]

This forum has been of great help and I find it much better than FB groups/Reddit etc. I hope I can rely on you all to provide valuable guidance/share your thoughts on our situation which I wasn't able to find any thread about.

So here is my situation, I have been a Canadian PR holder for sometime and coming up on 3 year maximum out of Canada threshold very soon.

I'm the primary PR applicant while my spouse and kid got it as dependent in May 2018. Because of residency obligation, we either have to move to Canada or we will no longer meet RO and will be required to give up our PRs in May 2021.

Considering this, we are thinking that I as a primary can move to Canada prior to May 2021 to satisfy RO requirements while my spouse and kid will stay in our home country (USA) and let their PRs lapse. This is because my spouse's employer is unwilling to offer transfer to Canada and quitting both jobs (me and my wife) and trying to find something in Canada in these trying times is difficult.

As a workaround we are thinking, even if my spouse and kid lose their PR status post May 2021 due to not meeting RO they can always voluntarily renounce it and apply for TRV so that they can visit me as and when needed. Assuming we find that Canada is better suited for us down the road then I can re-sponsor them as immediate relative of a PR holder if I maintain my PR by moving there in May 2021. This can either be done as inland sponsorship or outland depending upon whether my spouse would like to stay employed in US while she waits for the sponsorship application to go through.

Does anyone think there is any caveat in this plan or this is a far fetched plan with no chance of success? Does this even work if one renounces their PR voluntarily and then asks for it as immediate relative in future.

Please share your valuable inputs, thanks in advance.

Are you all US citizens?

 

[langoorbandar]

Are you all US citizens?

No, on a work visa in US but may get US GC in next year or two.

 

[canuck78]

No, on a work visa in US but may get US GC in next year or two.

So US is not your home country as you stated. Your family can try to enter on their PR cards but if they get reported or their card expires they'll need to apply for TRVs. There are no guarantees they will be approved for TRVs.

 

[langoorbandar]

So US is not your home country as you stated. Your family can try to enter on their PR cards but if they get reported or their card expires they'll need to apply for TRVs. There are no guarantees they will be approved for TRVs.

I’m not sure how IRCC treats ‘home country’ as it can be different from country of citizenship. So far with all my correspondences with IRCC including PR application we always mentioned home country as US since that’s where our home has been for last 15 years.

Anyhow I appreciate your input and I’m aware my family can get reported for not maintaining RO if they try to enter using their PR cards after the 3 year threshold and thats why I’m proposing for them to renounce PRs.

we know that TRV is not guaranteed but I believe volunteering to renounce PR provides clarity to IRCC that the applicant does not intend to become an illegal migrant which is main reason for rejecting TRVs.

Do you think IRCC will actually reject TRV if the applicant doesn’t intend to stay permanently in Canada until they regain PR status at a later date assuming we actually apply for it in first place.