Expired PR card - did not fulfill residency requirement

[LSP]

My husband received his PR with the entire family (myself as primary applicant and 2 children) in 2006. He was outside of Canada holding on to his job while my children and I stayed in Canada from 2008. When the PR expired, he did not apply for renewal as he did not fulfil the 2 years stay in Canada. He is presently visiting on visit visa.

Can he get the original expired PR status back and stay in Canada with us?

Thank you.

 

[Leon]

No but as long as you are still a PR and you meet your residency requirements and are residing in Canada, you may sponsor him for PR as your spouse.

 

[Msafiri]

My husband received his PR with the entire family (myself as primary applicant and 2 children) in 2006. He was outside of Canada holding on to his job while my children and I stayed in Canada from 2008. When the PR expired, he did not apply for renewal as he did not fulfil the 2 years stay in Canada. He is presently visiting on visit visa.

Can he get the original expired PR status back and stay in Canada with us?

Thank you.

When you say he is on a visit visa do you mean:

1. He relinquished his PR voluntarily or,

2. Was found not to meet the residence obligation by CIC/ Visa post and his PR Card/ Travel document applications rejected to which he did not appeal?

Thereafter he applied for a visitor visa which was issued without any issues? How long is the visa valid for?

3. Do you now have Citizenship? If not is your PR status watertight i.e you meet the Residence Obligation of at least 730 days of physical presence in the last 5 years?

 

[LSP]

No, he did not give up his PR status voluntarily. He filled a form for appeal while outside the country and stated his reason to stay away from Canada is to support the family. My son is still doing his university studies, second year, but the Canadian embassy in UAE said 'your children are grown up so we cannot grant your appeal'. They also suggested that he appeal while he is present in Canada to the office out there.

I have applied for citizenship since aug 2011 and still under process.

I used to work in canada, but gave up in Feb 2013 and am visiting my husband now.

Can I still sponsor him for PR?

thank you

 

[Msafiri]

No, he did not give up his PR status voluntarily.

I have applied for citizenship since aug 2011 and still under process.

I used to work in canada, but gave up in Feb 2013 and am visiting my husband now.

Can I still sponsor him for PR?

thank you

I'm confused so you initially say he is visiting but now you say you are the one visiting him. So how does he enter Canada? Does he have a visitors visa? Or does he have a passport that does not require a visitor visa to Canada e.g US, France etc. Did he ever get refused a PR Card renewal or Travel Document application by CIC/ Canada Visa Post?

 

[Msafiri]

No, he did not give up his PR status voluntarily. He filled a form for appeal while outside the country and stated his reason to stay away from Canada is to support the family. My son is still doing his university studies, second year, but the Canadian embassy in UAE said 'your children are grown up so we cannot grant your appeal'. They also suggested that he appeal while he is present in Canada to the office out there.

I have applied for citizenship since aug 2011 and still under process.

I used to work in canada, but gave up in Feb 2013 and am visiting my husband now.

Can I still sponsor him for PR?

thank you

Ok this is more clear now. If he never appealed the refusal to the Immigration and Refugee Board in 60 days then his PR was lost. Even if he had appealed he would have lost - employment abroad is out of personal choice...thousands of PRs live and work in Canada even if its not their dream job so the courts have little sympathy (as they should) for cases such as your spouse.

To sponsor him you must reside in Canada throughout the duration of the process. You can visit him but CIC expect you to reside in Canada. Check the application form and guide for family class sponsorship - you will have to submit proof of your residence in Canada e.g. Notice of Tax Assessments.

Also watch out that you maintain the Residence Obligation until your oath - if your PR status is in doubt no oath.

 

[LSP]

Thank you. I appreciate your advise. Now it is 6 months since i am visiting outside canada. I stayed there and fulfilled all the time required plus stayed for 14 months more after my citizenship application was accepted. Actually, I had to go out of the country for wellness treatment to India. This takes 3 to 6 months. Now I will return and hope there will be no problems for the test and oath. I think the very fact that my husband and i stayed away from each other, for more than 4 years, should prove our desire to become canadian citizens.

If Canada cannot sustain well educated and affording candidates who fulfil the time required as per citizenship application, and they are trying to put us in difficult situations, because of their inablility to process application on time or quickly, I think there will be only refugees left to populate canada. Maybe there will come a time when people would prefer not to live in refugee land.

 

[steaky]

I think there will be only refugees left to populate canada. Maybe there will come a time when people would prefer not to live in refugee land.

No, there would always be Canadians populate Canada!

 

[Leon]

No, there would always be Canadians populate Canada!

True

LSP, I don't see what your problem is. You feel that Canada should hurry up and give you citizenship so you can finally leave and stay with your husband? Or that he should be able to keep his PR forever while choosing to work in the UAE?

If you and your husband do not want to live in Canada, why do you need PR/citizenship? Why not just live in the UAE?

 

[LSP]

Hi Leon,

The reason we want citizenship is to live in Canada. But the issue is, when Canada cannot have jobs that would give us income to stay there, we would need to make arrangements before we settle down for good in Canada.

With restrictions in time it becomes difficult or even impossible to live in Canada.

If citizens have to depend on international income to live in Canada, we will need to travel often.

If there are possibilities to invest in Canada and get citizenship as investor, then that would be good for many. Then there will not be need to travel abroad as often.

The investor class of immigration is closed at present. correct?

 

[Leon]

How can all the Canadians afford to live in Canada if you can't?

Maybe the problem is that you want to live in a country with subsidized education and health care while still making the kind of money you would in a country that doesn't offer those things. I am sorry but there is no solution to that. Pick one or the other.

 

[LSP]

Hi Leon,

Sadly mistaken Leon......I have passed my stage of looking for education, although i continuously study for many reasons. As for medical there are better ones elsewhere if we have good insurance policies they would be affordable.

What is good about Canada is ...natural beauty....organized society..... good government.... peaceful society.... protected rights.... less population.... beautiful seasons to enjoy... good standard of living for all.... equality....etc. These mean a lot for peace of mind....

What do you say??

 

[scylla]

If there are possibilities to invest in Canada and get citizenship as investor, then that would be good for many. Then there will not be need to travel abroad as often.

The investor class of immigration is closed at present. correct?

There is no such possibility and never has been. All you receive as an investor is PR stuats. You must still live in Canada for 2 out of 5 years to maintain this PR status and you must still live in Canada for 3 out of 4 years to qualify for citizenship.

Canada's citizenship isn't for sale. You have to show a commitment to Canada and earn it.

 

[LSP]

Yes, I know, what I meant was the investor class is better as we do not need to find a job to sustain us in Canada.

Once we invest how can we think of moving out of the country? The main reason to invest is to make our stay in the country secure and continuous.

 

[Leon]

Yes, I know, what I meant was the investor class is better as we do not need to find a job to sustain us in Canada.

Once we invest how can we think of moving out of the country? The main reason to invest is to make our stay in the country secure and continuous.

Huh? You are complaining that the investor class is closed but if you had the kind of money you'd need to qualify for investor class, you wouldn't have to worry too much about finding a job to sustain you in Canada because you could live off your savings. The investor class was requiring that you invest $800,000. According to the LICO, a family of 4 could live off that for about 19 years. Ok, say you are a big spender, maybe only 10 years but certainly enough time to re-educate yourself or start a business or do something else to secure your future income.

Besides, a PR through investor class still requires you to stay in Canada 2 out of 5 years. Or are you saying that if you had invested $800,000 in Canada, your husband would not be working outside the country? Wouldn't it still be a question for him that he can make more money where he is, regardless of having lent the Canadian government 800k for 5 years?