PR expired - residency obligation not met

[Jackfrost2019]

Hello,
My husband applied for skilled migration in 2005, and we traveled there and stayed for 14 months. I had a baby there, who has canadian citizenship. We left Canada, because my husband Didnt want to live as he didnt find any job and wanted to take care of his ill parents. Our pr cards expired in 2009, and I tried to apply for renewal but they said I didnt fulfill my pr obligation, and gave me a chance to appeal. But I didnt appeal. I wanted to go to canada on my own but due to the law in my country I couldnt leave without my husbands permission. He wanted me to stay there.
Now its been so long, and I wanted some guidance whether or not its still possible? My son who is a canadian born who is 14 years old, is not getting proper education here and I want to take him there.

 

[jddd]

If you didn’t appeal then it is most likely that you are not a PR anymore. The letter telling you about your right to appeal would have given you that information.

You can try to apply to immigrate on your own to become PR again. You cannot reactivate a lost PR and must start from scratch.

 

[Jackfrost2019]

If you didn’t appeal then it is most likely that you are not a PR anymore. The letter telling you about your right to appeal would have given you that information.

You can try to apply to immigrate on your own to become PR again. You cannot reactivate a lost PR and must start from scratch.

Wouldnt they accept on the basis of H&C grounds. Also, at that time my husband didnt apply for his renewal and didn't receive any appeal letter, can he appeal now?

 

[torontosm]

Wouldnt they accept on the basis of H&C grounds. Also, at that time my husband didnt apply for his renewal and didn't receive any appeal letter, can he appeal now?

No, you missed your window for the appeal (trying to appeal 10 years after the fact is hardly reasonable), and it doesn't sound like you have any grounds for a H&C case. Your best bet would be to apply again.

 

[aditya.tiwari1185]

Dear Members,

Not sure if this is the right forum to ask this question, but would certainly appreciate any insights into it.

My spouse, dependent kid and I are PR visa holders. However due to some personal obligations in my home country we had to move back within a month's time from our landing. I understand that 2 out of 5 years is what we have to spend in order to continue our PR status. However I was thinking to move to Canada while my spouse stays back in our home country with my kid to address the personal obligations.

The question that I have is if we do the above then I will be eligible for renewing my PR visa after 2 years but what will be the PR status of my spouse and kid. Will they be eligible for a renewal by the virtue of me being eligible?

Any inputs will be much appreciated as I have been going through a pretty challenging phase to make a right decision.

Thanks,
Aditya

 

[Bs65]

Dear Members,

Not sure if this is the right forum to ask this question, but would certainly appreciate any insights into it.

My spouse, dependent kid and I are PR visa holders. However due to some personal obligations in my home country we had to move back within a month's time from our landing. I understand that 2 out of 5 years is what we have to spend in order to continue our PR status. However I was thinking to move to Canada while my spouse stays back in our home country with my kid to address the personal obligations.

The question that I have is if we do the above then I will be eligible for renewing my PR visa after 2 years but what will be the PR status of my spouse and kid. Will they be eligible for a renewal by the virtue of me being eligible?

Any inputs will be much appreciated as I have been going through a pretty challenging phase to make a right decision.

Thanks,
Aditya

Unfortunately the residency obligation is an individual responsibility so whilst if you return you can stay for 2 years to reset / meet your obligation , your spouse and child if they do not return would fail the Obligation if they stay outside Canada.

Note that when their PR cards expire they cannot renew from outside Canada and if they decide to apply for PRTDs to travel back once they have failed the residency obligation that would result in the process to revoke their PR status being started.

 

[Buletruck]

Will they be eligible for a renewal by the virtue of me being eligible?

No, they won’t be eligible to renew. PR status is individual. You meeting eligibility to renew doesn’t alleviate them of their responsibility to meet RO.