HELP me about continously living in Canada w/ expired PR & spouse sponsorship

[chandrakenneth]

Dear All,

Can someone help me ? Im very new to this forum. I do really need some legal advices.

I got my PR card on 25 Oct 2008 and it will be expired by 25 Oct 2013 this year. In terms of residency obligation, So far I only have less than 730 days:
- Only 2 months in yr2008 (5 Oct 2008 until 5 Dec 2008)
- Only about 2.5 months in yr2009 (15 March 2009 until 3 June 2009)
- Then I continously lived in Canada since 1 Sep 2012 until today and I would like to continue on until 25 Oct 2013 (the date when my PR card is expired).

My questions are:
1) If I go outside Canada after Oct 2013, can my wife sponsor me back to Canada ? if yes, how long does it take for her to sponsor me back to Canada ? For your info, my wife has met the residency obligation for her PR status.

2) If I stay and continously live in Canada even after my PR card expiration date, what is my status in Canada ? Can I be considered legally as an illegal person or is it 100% legal (correct me if I'm wrong that PR card doesn't determine my permanent resident status in Canada although my PR card is expired) ? Can I still work or apply for a job after my PR card expired ?

3) Related to question no 2 above, if I stay and continously live in Canada after my PR card expiration date, Can I apply to renew my PR card ? if yes, when the precise date should I go to renew my PR card in order for me to be approved (taking into account all those days I have spent in Canada previously) ?

I really need to get your valuable inputs for my case.

Looking forward to hearing from you all and highly appreciated for all your attention in advance.

Sincerely
Chandra

 

[truesmile]

I can't comment on your "legal" status. How about this people? (Thought I saw a similar suggestion on another thread.) What if Chandra just hangs out in Canada until Sept 1, 2014, waits to see if any agency (CIC) comes looking (can you stay that long w/o leaving Chandra?) . . . and if not, sometime after 9/1/2014 goes to renew her PR card? As I saw on another thread, they will only look at the last five years when you go to renew.

But yes, your wife would be able to sponsor you back and your timeline would be the same as others in the queue at that time.

 

[MissDominica]

Hi Chandra,

Welcome to the site. I will leave your question to some of the more senior experts, because I'm not 100% sure in my answer and would not want to mislead you.

However, and I hope I'm not being too forward, I'd like to ask how come you have only been in Canada for just over 4 months in more than 4 years? If your wife has stayed enough days to keep her PR and you have only stayed a couple of months in 4 years, where were you to be away from your wife that long? And if you want PR so badly, why do you decide to live outside of Canada? Just wondering.

Hope someone comes along to answer your question accurately. If not, I'll give it a shot.

 

[chandrakenneth]

Since Dec 2008, my wife has moved back home with me together but she returned in Canada on 1 Oct 2011 and surely on 24 Oct 2013 when her PR card is expired, she will be able to renew without any issue at all. But I just has returned to Canada since 1 Sep 2012 (also I had spent about 4.5 months between Oct 2008 and Jun 2009).

Can some experts give me advise about my questions aforementioned ?

 

[SchnookoLoly]

One thing to think about - your wife cannot sponsor you under the family class until she has been a PR for at least 5 years - even if she has fulfilled her residency obligation. if she's going to sponsor you at the end of this year, she must have become PR at least 5 years prior to that. If she has not been PR for 5 years then she will be rejected as a sponsor.

 

[missmini]

One thing to think about - your wife cannot sponsor you under the family class until she has been a PR for at least 5 years - even if she has fulfilled her residency obligation. if she's going to sponsor you at the end of this year, she must have become PR at least 5 years prior to that. If she has not been PR for 5 years then she will be rejected as a sponsor.

i never heard of that; maybe you get confused with the 5 years new rule in case the sponsor was also sponsored before; but we don't know if that's the case; maybe they arrived together under FWS class

please provide source, in what website, bulletin, etc did u find this information?

 

[scylla]

One thing to think about - your wife cannot sponsor you under the family class until she has been a PR for at least 5 years - even if she has fulfilled her residency obligation. if she's going to sponsor you at the end of this year, she must have become PR at least 5 years prior to that. If she has not been PR for 5 years then she will be rejected as a sponsor.

Not true. You are misunderstanding the rule.

 

[missmini]

Dear All,

Can someone help me ? Im very new to this forum. I do really need some legal advices.

I got my PR card on 25 Oct 2008 and it will be expired by 25 Oct 2013 this year. In terms of residency obligation, So far I only have less than 730 days:
- Only 2 months in yr2008 (5 Oct 2008 until 5 Dec 2008)
- Only about 2.5 months in yr2009 (15 March 2009 until 3 June 2009)
- Then I continously lived in Canada since 1 Sep 2012 until today and I would like to continue on until 25 Oct 2013 (the date when my PR card is expired).

My questions are:
1) If I go outside Canada after Oct 2013, can my wife sponsor me back to Canada ? if yes, how long does it take for her to sponsor me back to Canada ? For your info, my wife has met the residency obligation for her PR status.

2) If I stay and continously live in Canada even after my PR card expiration date, what is my status in Canada ? Can I be considered legally as an illegal person or is it 100% legal (correct me if I'm wrong that PR card doesn't determine my permanent resident status in Canada although my PR card is expired) ? Can I still work or apply for a job after my PR card expired ?

3) Related to question no 2 above, if I stay and continously live in Canada after my PR card expiration date, Can I apply to renew my PR card ? if yes, when the precise date should I go to renew my PR card in order for me to be approved (taking into account all those days I have spent in Canada previously) ?

I really need to get your valuable inputs for my case.

Looking forward to hearing from you all and highly appreciated for all your attention in advance.

Sincerely
Chandra

ok related to no 2; not sure if they would actually come knock on your door the day ur PR card expires but what will you do in case u need to leave Canada again (emergency)? for sure you won't be able to enter back with an expired PR card; which means you have to apply from outside for a new one and at that point they will check ur residency requirement which from what you said u didn't meet; so they won't issue ur new PR card and u won't b able to return
another example: ur health insurance will have to be renewed at some point, same with the driving license, a new loan, bank account, even for some new jobs they will ask PR proof - with an expired card you won't get too far for too long

as for no 3 - i think they do the counting from the day you landed until the day ur card expired which means even if u stay continously after your card expired it might not count; but i'm not sure, try to call CIC, ask some good lawyer; advice from a forum is not enough

 

[bacontoaster]

I can't really comment on your legal status. This may be somewhat blunt; however, I can't help but feel that you aren't committed to settling permanently in Canada. If you do indeed plan to move to this country perhaps a bit more effort would be encouraging. If not, perhaps you should not be seeking residency or citizenship in a country that you have no allegiance to.

 

[SchnookoLoly]

Yep I just found the link from CIC, it's only 5 years for apps after March 2012.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

I stand corrected!

 

[chandrakenneth]

Maybe I have to explain more in details about my case. My wife and I got Canadian PR under skilled worker class someday in Sep 2008, and we immediately came to Canada by plane on 5 Oct 2008 and applied to get our PR cards. About 2 months after we got them on 25 Oct 2008, my wife and I returned back home together on Dec 5, 2008. Then my wife worked back home since that date as well as myself.

In March 2009, I travelled back to Canada to see the situation at the time in Canada and tried to get a job here in Canada but unfortunately I was not able to get one. Therefore in Jun 2009, I moved back home. Off course I took an unpaid leave from my company back home during March till Jun 2009.

Therefore between 5 Jun 2009 until 30 Sep 2011, my wife and I have lived and stayed together in our home country. Then on 1 Oct 2011, my wife has returned by herself to Canada. Then she has been living in Canada since 1 Oct 2011 untill today and she will definitely continue to live in Canada (Off course she will meet her residency obligation to renew her PR card which will be expired on 24 Oct 2013). I finally returned in Canada on 1 Sep 2012 (last year) and I have been living together with my wife since that date (1 Sep 2012)

So, come back to my case. my questions are:

1) Can I continously stay, live and work in Canada after my PR card expiration date (in this case my PR card expiry date is the same as my wife PR card expiry date which is 24 Oct 2013) ? Then I will renew my PR card someday in Sept 2014 - in which I will have already spent 2 years (from 1 Sep 2012 - 31 Aug 2014 is already 2 years)
2) If I have to lose my PR status, can my wife someday sponsor me to come to Canada ? if yes, how long does it take ? and what are the requirements ?

Look forward to hearing all your advises

Best regards

Dear All,

Can someone help me ? Im very new to this forum. I do really need some legal advices.

I got my PR card on 25 Oct 2008 and it will be expired by 25 Oct 2013 this year. In terms of residency obligation, So far I only have less than 730 days:
- Only 2 months in yr2008 (5 Oct 2008 until 5 Dec 2008)
- Only about 2.5 months in yr2009 (15 March 2009 until 3 June 2009)
- Then I continously lived in Canada since 1 Sep 2012 until today and I would like to continue on until 25 Oct 2013 (the date when my PR card is expired).

My questions are:
1) If I go outside Canada after Oct 2013, can my wife sponsor me back to Canada ? if yes, how long does it take for her to sponsor me back to Canada ? For your info, my wife has met the residency obligation for her PR status.

2) If I stay and continously live in Canada even after my PR card expiration date, what is my status in Canada ? Can I be considered legally as an illegal person or is it 100% legal (correct me if I'm wrong that PR card doesn't determine my permanent resident status in Canada although my PR card is expired) ? Can I still work or apply for a job after my PR card expired ?

3) Related to question no 2 above, if I stay and continously live in Canada after my PR card expiration date, Can I apply to renew my PR card ? if yes, when the precise date should I go to renew my PR card in order for me to be approved (taking into account all those days I have spent in Canada previously) ?

I really need to get your valuable inputs for my case.

Looking forward to hearing from you all and highly appreciated for all your attention in advance.

Sincerely
Chandra

 

[amikety]

Maybe I have to explain more in details about my case. My wife and I got Canadian PR under skilled worker class someday in Sep 2008, and we immediately came to Canada by plane on 5 Oct 2008 and applied to get our PR cards. About 2 months after we got them on 25 Oct 2008, my wife and I returned back home together on Dec 5, 2008. Then my wife worked back home since that date as well as myself.

In March 2009, I travelled back to Canada to see the situation at the time in Canada and tried to get a job here in Canada but unfortunately I was not able to get one. Therefore in Jun 2009, I moved back home. Off course I took an unpaid leave from my company back home during March till Jun 2009.

Therefore between 5 Jun 2009 until 30 Sep 2011, my wife and I have lived and stayed together in our home country. Then on 1 Oct 2011, my wife has returned by herself to Canada. Then she has been living in Canada since 1 Oct 2011 untill today and she will definitely continue to live in Canada (Off course she will meet her residency obligation to renew her PR card which will be expired on 24 Oct 2013). I finally returned in Canada on 1 Sep 2012 (last year) and I have been living together with my wife since that date (1 Sep 2012)

So, come back to my case. my questions are:

1) Can I continously stay, live and work in Canada after my PR card expiration date (in this case my PR card expiry date is the same as my wife PR card expiry date which is 24 Oct 2013) ? Then I will renew my PR card someday in Sept 2014 - in which I will have already spent 2 years (from 1 Sep 2012 - 31 Aug 2014 is already 2 years)
2) If I have to lose my PR status, can my wife someday sponsor me to come to Canada ? if yes, how long does it take ? and what are the requirements ?

Look forward to hearing all your advises

Best regards

1) Yes, you can work and live in Canada with an expired PR card. However, if you exit and try to re-enter Canada, even for a short trip, it could cause a problem.

2) Yes, your wife can sponsor you again. She can do so immediately after you lose the PR. The requirements differ slightly by country, so you are best to go to CIC's website and view them for yourself. Here is a guide: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

However, you may have to make a strong case you intend to reside in Canada. As you've been outside for more than 3 years, CIC may not view your intentions to settle in Canada permanently seriously. To that degree, you want to show proof you had important business to tie up outside Canada or pressing family matters - but they are taken care of now and you're ready to settle in Canada.

 

[chandrakenneth]

Many thanks to Amikety for your valuable inputs.

Any other advises from other experts ? Maybe Mr. Leon can help give me some of his ideas

Best regards

 

[Reflectoman]

they are looking for 730 days in the past 5 years from the date you applied ... and if you loose it, yes your wife can sponsor you, but amikety is right, you will have to prove a strong case on why you weren't able to meet the residency the first time when you were give the PR.

 

[sakamath]

- Then I continously lived in Canada since 1 Sep 2012 until today and I would like to continue on until 25 Oct 2013 (the date when my PR card is expired).

My questions are:
1) If I go outside Canada after Oct 2013, can my wife sponsor me back to Canada ? if yes, how long does it take for her to sponsor me back to Canada ? For your info, my wife has met the residency obligation for her PR status.

2) If I stay and continously live in Canada even after my PR card expiration date, what is my status in Canada ? Can I be considered legally as an illegal person or is it 100% legal (correct me if I'm wrong that PR card doesn't determine my permanent resident status in Canada although my PR card is expired) ? Can I still work or apply for a job after my PR card expired ?

3) Related to question no 2 above, if I stay and continously live in Canada after my PR card expiration date, Can I apply to renew my PR card ? if yes, when the precise date should I go to renew my PR card in order for me to be approved (taking into account all those days I have spent in Canada previously) ?

I do not know what the confusion is all about. A PR Card does not determine your status as PR. It is required only to "enter" Canada. Hence, regarding your Q2. If you are currently in Canada, you do not have to "renew" your PR card. You can continue to stay in Canada and still be legally allowed to stay. To renew your PR, at the time you are applying for PR, you have to have completed 2 years stay in the past 5 years. So if you stay here 2 years and then apply to renew your PR Card, that is legal and valid. However, in the interim you cannot leave Canada (as your current PR card has expired) - cannot leave Canada - in the sense that you can leave, but may not be allowed back in.