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PR expires - traveling outside Canada. Not meet PR renewal requirements

M

mishem

Newbie
Oct 17, 2015
6
0
Good day good people ;),

I shortly describe my situation:
I came to Canada with my wife and son as PR residents in September 2011. In 2012 we have second baby born in Canada - he is Canadian citizen. In September 2012 we had to come back to my native country due to family reason (illness of my parents). We came back to Canada in September 2015, already with third child (whom I would sponsor to get a PR status, hi has TRV).
I work offshore world-wide on 5 week shift rotations. Due to my work I won't get necessary 2 years presence inside the country when my PR card expires. When it expires, I won't be able to work offshore since I won't be able to come back to Canada. I need to keep my job to support such a big family and sponsor my baby.

I can apply for PR card renewal: explain my situation, provide the evidence that my family will renew their PR status, that I pay taxes and have strong willing to live in Canada. But I am not sure that all these cases would be enough for immigration adjudicator to renew my PR card (I would have only 1 year presence in Canada instead of necessary 2 years).

I would appreciate any ideas how to act in this situation?
Might be anyone knows similar cases/examples or can suggest any contacts to consult?

Thank you!
 
You can apply to renew your PR card on humanitarian and compassionate reasons. To be successful, you will have to prove why you were unable to live in Canada for the required number of days to meet the residency requirement. Your job cannot be used as a reason for failing to meet the residency requirement. However you may be able to use your parents' illness as a reason if you can provide medical proof that they were ill for several years and needed you there to look after them (and were therefore unable to return to Canada).

Your wife should wait until she meets the residency requirement before she applies to renew her PR status. If CIC doesn't accept your H&C reasons, refuses your PR card renewal and revokes your PR status - your wife can sponsor you for PR again.
 
VERY IMPORTANT - I just noticed that you have a child here on a TRV who you need to sponsor for PR. Do not submit the sponsorship application for your child until you or your wife meet the residency requirement. If you submit the sponsorship application before you meet the residency requirement, CIC will most likely end up refusing your child and starting proceedings to revoke your own PR status. Once your wife meets the residency obligation in September/October 2017, she can submit the sponsorship application for your child as the sole sponsor. Do not submit the application until then.
 
Thank you a lot for your advices!

Regarding my youngest child – I still have 10 months before my PR card expires.
If I apply to sponsor my daughter now I still can get positive decision before my PR expires, or am I wrong? On the other hand I heard that sponsorship process could take 6 month or even more..

My wife doesn’t work and spending all her time with children, so I don’t think she is eligible to be a sponsor for our daughter. Am I right on this?

Based on your comment looks like the only solution for us is first to apply for my PR card renewal on humanitarian reasons and wait for decision.

There is another issue - my daughter TRV visa expires on February 2016. Can I apply to prolong her stay and what should I mention as a reason for prolongation if I won’t apply for her sponsorship by that time? She was granted TRV on condition that I will apply for her sponsorship once I am in Canada.

I will really appreciate if you could help me to find the way in this complex situation.

Thank you.
 
mishem said:
Regarding my youngest child – I still have 10 months before my PR card expires.
If I apply to sponsor my daughter now I still can get positive decision before my PR expires, or am I wrong?
Click to expand...

Unfortunately you are wrong. If you apply to sponsor your youngest child now (without meeting the residency obligation), you can your wife can expect to have your PR status revoked and your child's application will also be refused. Again, it is extremely important that you wait until you meet the residency obligation before you apply to sponsor your child. It doesn't matter if your PR card is expired or not - what matters is if you meet the residency requirement (which you don't). You will have to keep applying to extend your child's TRV until PR is granted.
 
Thank you for your reply,

So there are only 2 ways to sponsor my baby:
1. Renew my PR card/status on humanitarian reasons.
2. Wait until I meet residency requirements.

Option 2 means I need to gave up my job and present in the country for 2 years starting from now to meet residency requirements. Since I have big family I need to take care of, this is not a solution at the moment.

When do you think should I apply for my PR card/status renewal on humanitarian reasons if it expires on October 2016?
Can I apply now, describing all my situation as the reason for applying in advance?
And do you think it will actually help or complex situation, if I mention to CIC that I should first renew my PR status and then sponsor my baby?

Thank you!
 
No - you cannot apply now. It's too early to apply to renew your PR card. If you apply now, your application will be returned. The earliest you can try to apply is 9 months before your card expires.

Your job cannot be used as an H&C reason for failing to meet the residency requirement. Based on what you have written, the only H&C reason you have is your parents' illness. Do you have hard evidence (hospitalization records, doctors notes, etc.) that prove you had to remain outside of Canada to take care of them? CIC will not accept your word for it - you will need to provide hard evidence that covers the years you had to remain outside of Canada. Without a good H&C reason and evidence, the application will be refused.
 
my only advise to you is don't even think to sponsor ur child before ur own status is not clear n I m speaking from my own experience u will end up in a situation where they can revoke of both of ur pr cards. suggestion will be either you or ur wife should stay n complete residency requirements u anyways have 9 months to expire wait for 2 yrs renew ur prs first I m not 100 percent sure as laws are slightly different for sponsoring ur own child take an advise from a lawyer n let ur wife sponsor ur daughter after her own pr status though. only go for h&c if u have strong evidence again I know it's a tough situation for u but better full fill residency instead of making ur situation even more difficult expired pr doesn't mean revoked residency only thing is u won't be able to travel. best of luck
 
mishem,

As commendable and as much as it is human nature to get the best deal for your family your personal circumstances can't supersede Canada's Immigration System. The RO is there for a reason - this based on FC caselaw that PR status is for you to live in Canada not a glorified visitors visa. If you want the unrestricted right of entry into Canada then you need to get citizenship. The forum has threads running into multiple pages about the employment of PRs who have better/ good jobs outside Canada but are under/ unemployed in Canada. I don't want to go into this discussion but just know that Parliament, CIC and the courts don't care about your job situation unless its a genuine temporary secondment by a bonafide Canadian company that first employed you in Canada. There are hundreds of thousands if not millions of PRs livings and working in Canada is the rationale.

Its harsh and unfair but Parliament said a line has to be drawn somewhere else you have PRs who hardly live in Canada. Don't sponsor the child until either you or more likely your spouse is back in RO compliance. Review very carefully the nature and extent of the illness you wish to declare as an H&C ground. How much care did you provide? Were you the sole carer? What of other family members who could provide care but did not? Why? CIC's job at an appeal is to prove you actually spent a small proportion of time on the care but worked for most times. You have 5 years to get 730 days...its a weak RO...you have only half of that...your chances of successful appeal are very low.

Like all PRs in your situation you have come to the time typically when PR Card is about to expire where you need to decide if to stick to your job or if your PR is more important.
 
mishem said:
Thank you for your reply,

So there are only 2 ways to sponsor my baby:
1. Renew my PR card/status on humanitarian reasons.
2. Wait until I meet residency requirements.

Option 2 means I need to gave up my job and present in the country for 2 years starting from now to meet residency requirements. Since I have big family I need to take care of, this is not a solution at the moment.

When do you think should I apply for my PR card/status renewal on humanitarian reasons if it expires on October 2016?
Can I apply now, describing all my situation as the reason for applying in advance?
And do you think it will actually help or complex situation, if I mention to CIC that I should first renew my PR status and then sponsor my baby?

Thank you!
Click to expand...

My Friend Mishem,

Unfortunately, you have a tough choice YOU CANNOT HAVE AN APPLE AND EAT IT TOO.

Under the circumtances best & save for you go to Option 2, Option 1: would still land you in trouble if you failed to prove to CIC that you were taking care of your parents all the time and there was no way or no body was there to do so. CIC now highly expert in dealing such cases, in case of rejection CIC might start revoking process and if you leave your wife kids to stay here and went back to you home country so your wife can sponsor you, trust me you are looking for another around 5 years (all together) to get back to Canada as new immigrant.

Here in Canada there are many many people including myself that gave up lucrative jobs and settled down in Canada, I know people earning US 10000 to US 15000 dollars per month gave up their job from Middle east, Saudi Arabia and Malaysia and settle down in Canada. Some of them are doing labour jobs and other are running small grocery or resturant business. I know one Geologist having 5 young daugthers who left his US 750/day job to settled down in Canada to meet the residency requirement, now he is a school bus driver earning around US 2200/mo. Personally I know more than 200 people who have done such sacrifices to maintain PR and get this Canadian nationality.

I am not saying do what all above have been doing or done, but make a choice. Nowadays only very few are lucky to have H&C decision in favor.

All the best
 
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