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lexlzgu

Newbie
Nov 4, 2013
1
0
Our case is a bit complicated, I hope I can explain it well.

I was studying and working in Canada since 2002 and got my PR status in 2009 through the CEC program. I did my landing in July 2009 and got my PR card which expires in Oct 2014. After my landing I went back to my home country and worked there for 4 years straight without a single day living in Canada. Now I just came back to Canada in the end of Oct 2013 (with another valid year on my PR card). I used the automatic machine to scan my PR card and luckily I got into the border without any screening by the boarder officer. I understand in my case, if I want to keep my PR status and apply for a new PR card, I will have to stay in the country at least 2 years straight from now on.

As for my wife, she got her PR status in Sep 2007, and stayed in Canada on and off until she met me and went back to our home country in 2009. So she also didn't meet the residence obligation during the first 5-year period and her PR card expired in 2012.

Our baby was born in Jan 2012 in our home country. Now we are seriously thinking to move back to Canada for good and now I am already in Canada with a valid PR card(still 1 year left).

p.s. we are not from VISA exempt countries.

My question is:
1. What is the fastest way that our family can reunion in Canada?
2. Can my wife apply for the permanent resident travel document in our home country on the H&C ground and come to Canada? or She has to cancel her PR status and reapply for the PR again?
3. What about our baby?

As I just moved here again, there is no way I can provide any past year employment record to sponsor them. And I really don't want to take the risk of being apart from our baby coz she is too little now.

Please help me.
 
Lexlzgu

Just one thing I can reply, to all your other queries seniors can guide you better.

Do not sponsor you family for next two years atleast if you want to maintain this PR status, during this next two years you must not leave Canada.

If you can do above then after two years you would able to do everything like sponsoring you wife and Kid. I am afraid, if your wife tried to open her case before you have been here for two years your case not meeting RO would also come in knowledge of CIC. If you think you child cannot live for two years with out yoru then you have to make a choice. I suggest, please do not use any wrong means to get your family here. You might manage to do so but after few years you might end up in much more severe problem. I have read some cases here in this forum as well as with some people around that are going through a very stress full situation just becoz they used short cut.
 
Your situation is complicated. You won't be able to sponsor your wife or child until you have spent two years in Canada and meet the residency obligation.

What are your wife's H&C reasons for not meeting the residency obligation?
 
lexlzgu said:
.....
My question is:
1. What is the fastest way that our family can reunion in Canada?
2. Can my wife apply for the permanent resident travel document in our home country on the H&C ground and come to Canada? or She has to cancel her PR status and reapply for the PR again?
3. What about our baby?
.......
1. There is really no fast way since you are not eligible to sponsor being in breach of the Residence Obligation. You already got away with this via entry with the automated gates loophole but you won't get away with it for sponsorship as the forms require you declare 'residence' and 'absences' outside Canada. Well unless you or/and your spouse voluntarily relinquish your PR and get a Work Permit then include the child as a dependent in the application but I guess this is not really an option huh?

2. Depends on her H&C grounds. If it was due to her having medical issues or taking care of a seriously ill close relative then there is a chance. If its due to work, to be with you and other associated 'lifestyle' choices then sorry no dice.

3. Wait 2 years or ask your spouse to go with the WP/ relinquishment route. Entry via the US won't work since your baby needs a Canadian TRV/TRP. Sorry you knew about the RO and you breached it. This inevitably leads to the real risk of family separation as you now face.