hypothetical question

[lenodis]

Hi everyone!
Maybe my question is too hypothetical, but I hope it will be interesting, especially for gurus of this forum

Imagine a couple of immigrants with a child, they have landed and got their PR cards.
Then one of the spouses with a child returned to his home country. Both have lived there for several years and have not satisfied the residency requirements. Meanwhile, the other spouse stayed in Canada and has lived long enough to obtain citizenship and was granted citizenship.
Then the last one returned to his home country to live with his family. After more than two years of living together in their home country, they decided to return to Canada.
Question is: Will the other spouse and child keep their PR status, as family members accompanying a Canadian citizen abroad? Theoretically two years of the last five are important, right? Then nobody cares that in previous years before reunification with the head of the family-citizen they have not satisfied the residency requirements? Or am I mistaken? Please give your opinion!
Thank you!

 

[newtone]

Hi everyone!
Maybe my question is too hypothetical, but I hope it will be interesting, especially for gurus of this forum

Imagine a couple of immigrants with a child, they have landed and got their PR cards.
Then one of the spouses with a child returned to his home country. Both have lived there for several years and have not satisfied the residency requirements. Meanwhile, the other spouse stayed in Canada and has lived long enough to obtain citizenship and was granted citizenship.
Then the last one returned to his home country to live with his family. After more than two years of living together in their home country, they decided to return to Canada.
Question is: Will the other spouse and child keep their PR status, as family members accompanying a Canadian citizen abroad? Theoretically two years of the last five are important, right? Then nobody cares that in previous years before reunification with the head of the family-citizen they have not satisfied the residency requirements? Or am I mistaken? Please give your opinion!
Thank you!

Firstly, I would question the authenticity of the relationship. You mean one of the spouse waited until they got citizenship and them left for the country. The way I look at it, Canada has given the PR to both individuals, one of them obtained citizenship the other decided to go back home. So right off the bat Canada cant be blamed for not accommodating couples who want to settle. So now the question is:

1) are the really interested in making Canada home or they prefer to stay in their country
2) are they having problems with marriage which is why one of the spouse moved back home
3) why not settle in their own country, after all Canada issued the PR in the first place but despite this fact they decided to stay back in their home country for extended time period

You loose your PR status if you have not satisfied the requirements of PR, it doesent matter if your spouse in Canadian or your child is Canadian. When it comes to citizenship every person is for themselves, therefore no free lunch

 

[Alabaman]

Question is: Will the other spouse and child keep their PR status, as family members accompanying a Canadian citizen abroad? Theoretically two years of the last five are important, right? Then nobody cares that in previous years before reunification with the head of the family-citizen they have not satisfied the residency requirements? Or am I mistaken? Please give your opinion!

Yes, the other spouse and child will keep their PR status as family members accompanying a Canadian citizen abroad.

 

[kelKel]

Yes, the other spouse and child will keep their PR status as family members accompanying a Canadian citizen abroad.

So the mother and child lose their PR theoretically because they don't live in Canada for several years. The now Canadian citizen husband moves back to the home country stays for 2 years and then the whole family can move back to Canada? How does that work?

 

[Alabaman]

So the mother and child lose their PR theoretically because they don't live in Canada for several years. The now Canadian citizen husband moves back to the home country stays for 2 years and then the whole family can move back to Canada? How does that work?

Just as you described.

 

[kelKel]

Crazy.

 

[cooldoc80]

no my friend they will lose the PR and the husband who becomes a canadian citizen have to sponsor them to apply for PR

and i will tell you in details why

the husband needs 3 years to apply or a citizenship BUTTT it may take a year for processing of the application and for him to become a citizen which means when he returns to origional country he will only spend one years of the 5 years of permenant residency so they didnt reach the target of minimum of 2 years

while if the other partner with the child could live for a year in canada during the 1st four years and then after the husband get citizenship can go back and live with them and in this case a year accumulated from their stay at Canada and another years from living with a canadian husband they wont lose their residency status anymore

i think this is it , and if I'm wrong i would be glad if some of our experts correct me

 

[the]

Your question is not hypthetical, there are many cases like this. But the reality is the citizen husband has to sponsor the off-line resident to regain PR status.

Here is my understanding. At the time the husband became citizen, the wife and child have lost their PR status (based on what you assumed) and they are no longer Canada residents. So they have to be sponsored from scratch to regain PR status. Also remember, the accompanying rule only applies to Canadian residents who need it to maintain their status. Now you have lost your status and not a resident anymore, of course you can not take advantage of it. Plus, the citizen has to be physically in Canada to be eligible to sponsor (correct me if this statment is wrong).

Officers are not fools and won't be fooled by this trick. They will find out everything at the time you want to apply travel document (since your PR card has expired) to go back to Canada. Without travel document, the story starts over.

Hi everyone!
Maybe my question is too hypothetical, but I hope it will be interesting, especially for gurus of this forum

Imagine a couple of immigrants with a child, they have landed and got their PR cards.
Then one of the spouses with a child returned to his home country. Both have lived there for several years and have not satisfied the residency requirements. Meanwhile, the other spouse stayed in Canada and has lived long enough to obtain citizenship and was granted citizenship.
Then the last one returned to his home country to live with his family. After more than two years of living together in their home country, they decided to return to Canada.
Question is: Will the other spouse and child keep their PR status, as family members accompanying a Canadian citizen abroad? Theoretically two years of the last five are important, right? Then nobody cares that in previous years before reunification with the head of the family-citizen they have not satisfied the residency requirements? Or am I mistaken? Please give your opinion!
Thank you!

 

[steaky]

Hey the,

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

 

[the]

Streaky,

Thanks for your correction of my understanding.

the

Hey the,

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

 

[lenodis]

Thanks for your answers, my friends!
I thank kelKel, who formulated my idea very well :
So the mother and child lose their PR theoretically because they don't live in Canada for several years. The now Canadian citizen husband moves back to the home country stays for 2 years and then the whole family can move back to Canada

For the
As noted in this forum many times, you do not lose your PR status automatically, even if you have not fulfilled the requirements of residency, while the authorities do not know about it.
I agree with you, that obtaining travel document is the weakest part of the plan. Person will have to prove his PR status to visa officer to obtain a travel document, and explain why he has not updated its PR-card.

But, theoretically, this plan can be implemented !

 

[Alabaman]

They don't lose their PR. It is not so complex.

When they are ready to renew their PR (even if it is 10 years or 20 years after they became a PR), they fill out the form asking them if they have been accompanying a Canadian citizen for 2 years within the last 5 years. NOTE: CIC rules states that they are not allowed to examine beyond 5 years. They made the rules. So on the form, there is no provision to put in the details of more than 5 years before.

If their answer is yes, why will the PR card not be renewed?? Thats the law :-X

 

[Leon]

The only reason they might not get the PR card renewed is if the visa officer starts to go into who is accompanying whom. Even though they can not go back more than 5 years, they can see that the spouse who was a PR was not living in Canada and the spouse who got citizenship was so when the Canadian citizen spouse moves to be with the family, he is accompanying them and not the other way around.

Maybe this is not a common thing to happen but I have heard of it. The visa officer will probably see what they are doing as a scheme to keep their PR. However, the Canadian could easily sponsor the others for PR at any time so it doesn't really matter.

 

[cooldoc80]

They don't lose their PR. It is not so complex.

When they are ready to renew their PR (even if it is 10 years or 20 years after they became a PR), they fill out the form asking them if they have been accompanying a Canadian citizen for 2 years within the last 5 years. NOTE: CIC rules states that they are not allowed to examine beyond 5 years. They made the rules. So on the form, there is no provision to put in the details of more than 5 years before.

If their answer is yes, why will the PR card not be renewed?? Thats the law :-X

wow!! i didn't think about it that way , that makes a totally different stories , and theoretically your right !but on the ground ??

also if the wife and kid live for only one year during the first 4 years (could be 3 months/year) then after the end of fourth year when the husband get citizenship they can go back home and the wife and child would not break the 2 years at allllll

and will maintain thiere citizenship forever hopefully

 

[Leon]

also if the wife and kid live for only one year during the first 4 years (could be 3 months/year) then after the end of fourth year when the husband get citizenship they can go back home and the wife and child would not break the 2 years at allllll

and will maintain thiere citizenship forever hopefully

You mean their PR? The wife could maintain the PR indefinitely if she is living with the Canadian citizen husband. The kid only while he is still a dependent child.