Permanent residency obligation with spouse being PR and a baby as Canadian citizen.

[sauravtaneja]

Hi everyone

We have a quick question in regard to Residncy obligation for my partner she became a PR on 1st dec 2018 and we came back to india on 15th nov 2020 we have a baby born in canada in july 2020 and he is really sick from day one and we are since then invloved with him as he has nuero problems and we are not sure if we will be able to take care of him in canada so we are staying in india for forseable future but what can we do for her PR incase we ever want to come back to canada as her PR card expires nov 2023.

She has a sin card se has worked in canada and paid taxes and all that stuff

I am a canadian PR and our baby is candian citizen

Anyone heard of any case like that and can give us any input that will be really appreciated.

Can we do anything on humanitarian grounds or no ?

 

[steaky]

Hi everyone

We have a quick question in regard to Residncy obligation for my partner she became a PR on 1st dec 2018 and we came back to india on 15th nov 2020 we have a baby born in canada in july 2020 and he is really sick from day one and we are since then invloved with him as he has nuero problems and we are not sure if we will be able to take care of him in canada so we are staying in india for forseable future but what can we do for her PR incase we ever want to come back to canada as her PR card expires nov 2023.

She has a sin card se has worked in canada and paid taxes and all that stuff

I am a canadian PR and our baby is candian citizen

Anyone heard of any case like that and can give us any input that will be really appreciated.

Can we do anything on humanitarian grounds or no ?

Since Nov 2020, are you still in India? Your son can return to Canada anytime.

 

[Ponga]

Hi everyone

We have a quick question in regard to Residncy obligation for my partner she became a PR on 1st dec 2018 and we came back to india on 15th nov 2020 we have a baby born in canada in july 2020 and he is really sick from day one and we are since then invloved with him as he has nuero problems and we are not sure if we will be able to take care of him in canada so we are staying in india for forseable future but what can we do for her PR incase we ever want to come back to canada as her PR card expires nov 2023.

She has a sin card se has worked in canada and paid taxes and all that stuff

I am a canadian PR and our baby is candian citizen

Anyone heard of any case like that and can give us any input that will be really appreciated.

Can we do anything on humanitarian grounds or no ?

Sorry to hear that your precious baby boy is not well.


https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

Who is your employer? If it is not one that meets the conditions below, neither of you can use your time in India towards your PR.



You travel with a spouse or common-law partner

Your spouse or common-law partner needs to be:

• a Canadian citizen, or
• a permanent resident working outside Canada, full-time for:
  • a Canadian business, or
  • the Canadian federal, provincial or territorial government

---

If she renounces her PR, you could sponsor her again, BUT...you would first need to return to Canada and remain in Canada until you have met the R.O., if you are not reported by CBSA for currently not meeting the R.O. (issuing a 44(1) report).

What about your PR status? How do you plan to keep yours? Are you hoping to apply to renew your PR Card when it expires under H&C?

Sounds like you may need to confer with an immigration specialist ASAP.


Good luck!

 

[canuck78]

Hi everyone

We have a quick question in regard to Residncy obligation for my partner she became a PR on 1st dec 2018 and we came back to india on 15th nov 2020 we have a baby born in canada in july 2020 and he is really sick from day one and we are since then invloved with him as he has nuero problems and we are not sure if we will be able to take care of him in canada so we are staying in india for forseable future but what can we do for her PR incase we ever want to come back to canada as her PR card expires nov 2023.

She has a sin card se has worked in canada and paid taxes and all that stuff

I am a canadian PR and our baby is candian citizen

Anyone heard of any case like that and can give us any input that will be really appreciated.

Can we do anything on humanitarian grounds or no ?

What are your plans when it comes to your status in Canada and how much time have you spent in Canada in the past 5 years or since you’ve received PR? Are you currently living in Canada? Have your spouse notified CRA that she and your child (and maybe you as well) have ben living outside Canada sinceNovember 2020? This is very important because she may be receiving benefits that she isn’t entitled to and that she‘ll need to repay (if you are also outside of Canada that could also be the case for you as well). Your spouse will need to fill out a form to determine whether she is a tax resident or not. Whether you are in Canada and how much time you spend in Canada every year will be one of the things that influences whether she is a tax resident. You also need to notify your provincial health plan that you have moved out of Canada. If you have not done so yet you must do so.