is re-sponsoring is very difficult ?

[cantrue]

hi all expert,

my PR is expired and I don't meet the RO. so i plan to surender my PR and ask my wife to RE-sponsoring me.

My lawyer told me that there are very big possibility that my application will be denied since i got my chance already as a PR and have it surrendered.

Is that true ? please help...

Thank you

 

[kriv]

hi all expert,

my PR is expired and I don't meet the RO. so i plan to surender my PR and ask my wife to RE-sponsoring me.

My lawyer told me that there are very big possibility that my application will be denied since i got my chance already as a PR and have it surrendered.

Is that true ? please help...

Thank you

1) if you are in canada right now then no point to surrender your PR status or go for a Re-sponsoring as the expiry of PR card doesn't means that your PR status is expire. a status of a Permanent resident never expires. yes to renew the PR card you must meet the residency obligations and people who don't meet the residency obligation do not apply for renewal until they stay enoff in canada to meet the requirements.
So if you are in canada you can stay in canada to meet the residency obligation and then renew your PR card.

2) if you are outside of canada right now then its all the way different and for that you must provide more information to see what options you have.

 

[Leon]

There is no basis on denial based on that you already got your chance. If your wife wants to sponsor you and you are in a genuine relationship, then they would approve based on that.

If you are however not planning on returning to Canada, you will eventually lose your new PR too. Instead of getting sponsored for PR in that case, you might want to apply for a multiple entry visit visa.

 

[cantrue]

I am outside canada right now and planning to do multiple trip aboard due to my job in my country. I also plan to visit canada to see my sons and wife.

Since my pr is expired, i need to surrender it and apply for tourists visa. (my understanding is i can't apply travel document for multiple trip to canada - i also short on RO thay may caused denial on TD).

Do i have to stay in Canada during the sponsoring process or i just apply for TD, or enter via usa and appeal? But again, i still need to go out canada.

I can do 730 in 5 years, but since we move late i now only have 355 days ( landed in 2010 then back to country in 2 weeks. Permanently move in 2013)

My lawyer told me he has clients who surrender their PR. And the kid, who still minor back then, want to re-apply PR and the immigration told him that he got the chance, surrunder it, and why they should give him PR this time.

Is that true? His case is re-applying for himself... My case is family sponsorship.

Please help

 

[Msafiri]

1. Reading between the lines what you really want is a travel document that gets you in and out of Canada at will which is what the PR Card helps do. Since you don't meet the RO and you have an expired PR Card you have a dilemma in that you can't apply for PR Card renewal. PRTDs don't work either as they are not multiple entry and anyway you don't meet the RO. Either get a multiple entry visit visa or apply for re-sponsorship. Both require you to not be a PR.

2. The fastest way to 'lose' your PR (since its easy for CIC) is to apply for a PRTD stating you acknowledge not meeting the RO and waiving all appeal rights. At the same time submit a TRV application. Visa post maybe ok to issue TRV right away although some may wait to first refuse your PRTD, provide appeal rights and wait 60 days for your appeal window to close out. Lots of examples on the forum of PRs getting their TRVs this way with no issue. On the flip side CIC could refuse the TRV so there are those non visit visa exempt PRs with expired PR Cards who keep entering via the US and crossing the land border until they get reported and lose their appeal at courts. In my humble opinion this is a waste of time if you can be re-sponsored and get a 5 year PR Card that will achieve what you want being travel flexibility.

3. Not quite sure what your lawyer is stating but he is already wrong on one thing. You can be re-sponsored as a spouse multiple times subject to meeting the criteria. My presumption is that at some point in time (Say the 3rd or 4th) the genuineness of the relationship may become an issue if you are apart for extended periods such that you always breach the RO. Chances of this happening are slim typically because one spouse acquires Canadian citizenship and insures the other spouse's PR through the 'accompanying Canadian Citizen spouse' RO exemption (a loophole in all but name).

4. He/she may also be referring to what use to be operational policy for CIC to issue PRTDs to PRs who were removed from Canada as minors and applied to return on the first opportunity once they attained the age of majority typically 18. These PRTD applications are no longer guaranteed to succeed as CIC has appealed a few and the courts are siding with CIC.

5. What the core issue really is and CIC/ Federal Government seems not to have some sort of policy position on is this - why is it that Canada (amongst peer countries) appears unique in having so many PRs who land and then almost can't wait to leave. These PRs have Canada as an insurance policy but forget the RO clock will eventually present problems only facing up to the situation when their PR Card expires or they are re-entering Canada towards the back end of the 5 year RO cycle and are in RO breach so constantly sweating on outmanoeuvring CBSA to avoid a report.

 

[cantrue]

Thank you msafiri...

reading your suggestion, do you think the best way is just i surrender my PR, sign the surrender form. apply for TRV, and then ask my wife to re-sponsoring me.

based on leon info, the CIC will not use my surrender paper to deny my application...

if it is, then i will just do as you guys all suggesting me...

Thank you !

 

[Msafiri]

You can voluntarily relinquish your PR status in which case visa post doesn't need to do RO review. Fill out Form IMM 5782 (Application to Voluntarily renounce PR) and Form IMM 5783 (Document Checklist). An advantage of this over the PRTD route is application is free. Once your PR status is no more you have to qualify for a TRV. Go to the visitor section forum of the thread and see what common issues are typically lack of strong ties to the home /other country of residence. If you are concerned about entry to Canada in case of TRV hold up and have a trip soon maybe hold of on the renunciation and do it when inside Canada (send to CIC HQ in Ottawa). This assumes you have a US visa and can enter via a land border. Any PR who shows up at the border must be admitted regardless of RO breach.