PR expiry / Travel Document

[sara234]

My friend and her husband had come together to Canada in 8 years ago. Her husband did not spend the required time in Canada and did not renew his pr card which expired in 2014. She now has applied to sponsor her husband under spouse category. Her application was returned and she was told by CIC her husband is still considered a permanent resident and should apply for Travel Document. The letter said if he is determined to be a permanent resident there will be no need to sponsor him and if he is determined not to be a permanent resident anymore, then she should send that letter and resubmit her application.

What are her chances of success for her husband getting the travel document as his card expired long time ago? Can he stilll come under spouse category if his travel document is rejected? My friend fears if his travel docuemnt is rejected, CIC will reject her application to sponsor him as spouse too using same reasons. Should she withdraw her application and have him renounce his permanent resident status and then re-apply agan? She is confused about what to do and how long it takes for travel document or should they go through the renunciation and then re-apply?? Any suggestions? thanks.

 

[Rob_TO]

He should renounce his PR status first and only then they can try again to submit a new spousal PR application.

Or he can apply for a PR Travel Doc which would most likely be rejected and will then automatically cause his PR status to be revoked (assuming no appeal). They can then try again for spousal PR app.

Of course she must be in good standing with residency obligation, in order to sponsor husband after his PR status is revoked or renounced.

 

[scylla]

He should renounce his PR status first and only then they can try again to submit a new spousal PR application.

Or he can apply for a PR Travel Doc which would most likely be rejected and will then automatically cause his PR status to be revoked (assuming no appeal). They can then try again for spousal PR app.

Of course she must be in good standing with residency obligation, in order to sponsor husband after his PR status is revoked or renounced.

Agreed with the advice above. Since he doesn't meet RO, it would best to renounce PR as soon as possible and then you can resubmit the application to sponsor him.

Applying for the TD will only work if he has H&C reasons for having been outside of Canada for such a long period of time (e.g. terminally ill parent outside of Canada, he is an only child and had to take care of the parent). If he was outside for employment or education purposes, the TD will be refused.