Give up PR, reapply later under Family Class

[beechy]

Will it be difficult to reapply for PR under Family Class Sponsorship if I give up my PR status?

My husband will receive his citizenship in 1 years' time, but because I have not been in Canada at all since landing together (he applied as a skilled immigrant and I his spouse), I would have lost my PR status by the time he receives his citizenship.

So I would like to know, is it easy to reapply PR at a later time under family reunion?

 

[waitingsince2004]

Will it be difficult to reapply for PR under Family Class Sponsorship if I give up my PR status?

My husband will receive his citizenship in 1 years' time, but because I have not been in Canada at all since landing together (he applied as a skilled immigrant and I his spouse), I would have lost my PR status by the time he receives his citizenship.

So I would like to know, is it easy to reapply PR at a later time under family reunion?

I am a bit confused. If you already PR then you can go to Canada anytime if you are out of Canada less than five years. why you are waiting for your husband's citizenship???

 

[scylla]

I am a bit confused. If you already PR then you can go to Canada anytime if you are out of Canada less than five years. why you are waiting for your husband's citizenship???

To maintain PR status, you must live in Canada two out of every five years.

Beechy - Yes, your husband can certainly sponsor you for PR at a later date (he doesn't have to wait until he has citizenship - he can sponsor you as a PR). You will still have to complete the full application package just like anyone else. However you should certainly include a letter explaining why your husband is sponsoring you now (i.e. you migrated to Canada together as a couple but you were unable to meet residency obligations).

 

[beechy]

I have not lived in Canada since the day I landed. My husband has been in Canada for over 2 years and will apply for citizenship once he reaches the 3 years mark.

However, by the time he receives citizenship, I would have been out of Canada for more than 5 years.

Therefore, I was wondering, if I give up my PR now, would it be difficult for me to reapply for it again? I guess what I am asking is, will immigration look unfavorably on my case because I once had PR but instead chose to give it up by not meeting the residency requirements?

 

[frege]

I have not lived in Canada since the day I landed. My husband has been in Canada for over 2 years and will apply for citizenship once he reaches the 3 years mark.

However, by the time he receives citizenship, I would have been out of Canada for more than 5 years.

Therefore, I was wondering, if I give up my PR now, would it be difficult for me to reapply for it again? I guess what I am asking is, will immigration look unfavorably on my case because I once had PR but instead chose to give it up by not meeting the residency requirements?

I think if you've been living separately from your husband for all this time, there may be questions asked about the genuineness of your relationship. If you have convincing proof that the relationship is genuine, then this won't be a concern.

If you've been living outside Canada to take care of sick relatives, or a similarly serious reason, then an exception can sometimes be made to the rule of being in Canada for 2 years in every 5 year period. In this case sponsorship wouldn't be necessary because you'd have kept your PR.

However, if there are no special circumstances, it might be advisable to return to Canada to live there before your PR expires.

How long an application to be sponsored will take depends on the visa office it's submitted to. In your case - and more experienced members can correct me if I'm wrong - you could enter Canada on your PR card, and even though they might say you'd lost your PR, initially they'd let you into Canada. Then you could file an in-Canada application. This is assuming you are certain you can prove the relationship is genuine.

Also, how do you know your husband will be a citizen in one year? It takes a long time after you apply.

 

[beechy]

Beechy - Yes, your husband can certainly sponsor you for PR at a later date (he doesn't have to wait until he has citizenship - he can sponsor you as a PR). You will still have to complete the full application package just like anyone else. However you should certainly include a letter explaining why your husband is sponsoring you now (i.e. you migrated to Canada together as a couple but you were unable to meet residency obligations).

Thanks for the reply. Can you explain more how he can sponsor me even though he doesn't have citizenship? I thought only citizens could sponsor?

We landed in Canada together but because both of us couldn't find jobs in Canada we decided I would go back to my home country and work. I am afraid the Immigration will look unfavorably on such a reason why I haven't been able to meet residency requirements.

 

[beechy]

I think if you've been living separately from your husband for all this time, there may be questions asked about the genuineness of your relationship. If you have convincing proof that the relationship is genuine, then this won't be a concern.

...

Also, how do you know your husband will be a citizen in one year? It takes a long time after you apply.

Yes I understand, that's one of our concerns too, that Immigration may question whether our relationship is genuine or not.

I mean he will meet the requirements to apply for citizenship in a year's time.

 

[McDutch]

Actually, i think the CIC officer will do more then just question the relationship.
Your case would be very very weird for them

May i ask WHY you are living apart from your husband?
Also, Why re-apply for PR? Are you planning to keep living apart even after you would get a new PR?

There are so many people on this forum who are dying to be with their loved ones, and you are basically just adding to the workload of CIC.

 

[R151NG5UN]

Thanks for the reply. Can you explain more how he can sponsor me even though he doesn't have citizenship? I thought only citizens could sponsor?

We landed in Canada together but because both of us couldn't find jobs in Canada we decided I would go back to my home country and work. I am afraid the Immigration will look unfavorably on such a reason why I haven't been able to meet residency requirements.

Yes your Spouse can sponsor you. However CIC officials are certainly not going to look very kindly on the fact you have not showed any willing to live, work and pay taxes in Canada. You said the only day you lived in Canada was the day you landed, you returned home so you could work. They will rightly think, this person isn't even trying to look for work or establish themselves within the community, why would granting PR this time be any different.

Your case has a big red flag, that will be hard to overcome. I think to be successful you need to show that you have a job prior to PR being granted.

 

[frege]

Yes I understand, that's one of our concerns too, that Immigration may question whether our relationship is genuine or not.

I mean he will meet the requirements to apply for citizenship in a year's time.

Beechy, the most important aspect of "genuineness" is usually considered the intention of living together permanently. Sometimes couples are apart legitimately for economic reasons, but given the way the immigration process works, I think your having been apart for two years will be a problem for sponsorship.

I'm not an expert, and I probably don't have all the facts, but based on what you've said, letting your PR lapse seems very risky to me. Unless your employment abroad has been with a Canadian company, you seem very much at risk of losing your PR.

I think you'll also hear other answers on the forum, but in the end, if you're unsure, it might be a good idea to get advice from an immigration lawyer.

 

[Creampop]

If I were you, I would get back to Canada while my PR was still valid saving myself all the headaches of even having to explain anything, once you meet the residency requirements apply for a new PR card... I understand it's hard to find jobs and sometimes you have to swallow your pride and take a survivor job. I landed last Friday as a PR, today I have an interview at Tim Hortons not my first choice but hey its alittle cash coming in to make ends meet till I get something in my field. Good Luck!

 

[McDutch]

I agree, with a PR you can work ANYWHERE you want.

I came here with 0 Canadian working experience on a open work visa and was willing to work anywhere, just to be with my wife.

If i wouldn't have been satisfied and go back to my home country to make "more money" you are not a family class immigrant, but an economic one

 

[SchnookoLoly]

OP - when did you first land in Canada?
Depending how long ago, you may have already lost it - CIC has been known to revoke it if you try to re-enter and they see that tehre's no way you can meet the 2-in-5 requirement...

 

[Creampop]

They don't revoke it when you try to enter there is a process (the problem would be if the card was already expired) they can report you tho. I am not sure of the process but I have read people here talking about it... she said she landed with her husband and he will be applying for Citizenship next year so he had to be here 3 years but PR cards are good for 5 years I thought so he must have been out of Canada for a year if her card is expiring...