PR Extension - Daughter Getting Married

[Rajian]

Hello All,

I got my family PR renewed recently on compassionate grounds, without meeting our previous PR obligation of stay. Once we enter, we have to stay for 730 days continuously in Canada. We have been given Travel Document Visa in our passports, though our old PR Cards will expire in March' 2017.

Now, I have 3 major questions :

a) - My daughter is getting married to her fiancee soon before, entering Canada. How she can get her spouse in Canada ?

b) - Can she sponsor her spouse after reaching Canada after marriage, as she has her old PR Card (which is expiring in March' 2017) ?

c) - or she will have to wait for next 2 years till she meets her residency obligation of stay and get a new PR Card ?

d) - What forms or documents have to be submitted by her ?


Regards

 

[Rob_TO]

A positive H&C decision overcomes any RO violation you had previous to the decision. So you and your family should be able to renew your PR cards, and your daughter should be able to sponsor her spouse right after getting married. There should be no need to wait 2 years.

To sponsor him, your daughter must be physically residing in Canada at time of application and during the entire sponsorship process. She can only leave for short/temporary vacations. Her spouse can apply for TRV to come to Canada (or use visa-exempt passport depending on his citizenship) during the process. If he can't come to Canada, then most likely they will need to be separated while PR app is processing.

 

[Rajian]

Many thanks Dear Mr Rob_TO,

We are Indian Citizens.

1. A positive H&C decision overcomes any RO violation you had previous to the decision. So you and your family should be able to renew your PR cards, and your daughter should be able to sponsor her spouse right after getting married. There should be no need to wait 2 years.

When we approached CHC, New Delhi, we were apprised of this two year binding before applying for a new PR Card, despite a positive H & C decision.

Shall we apply for the new PR Cards immediately after their expiry dates? Mine and my wife's P R Cards are expiring in March' 2017 while PR Cards of my daughter and son are expiring in May' 2017.

I went through the PR Card Renewal Forms. It asks for the details of mandatory stay of 730 days in the last 5 years which we do not have. Will they be renewed due to the positive H & C overcoming RO violations? I don't want the authorities to take any adverse action on our PR renewals.


2. To sponsor him, your daughter must be physically residing in Canada at time of application and during the entire sponsorship process. She can only leave for short/temporary vacations. Her spouse can apply for TRV to come to Canada (or use visa-exempt passport depending on his citizenship) during the process. If he can't come to Canada, then most likely they will need to be separated while PR app is processing.

She will be in Canada only. Can she start the sponsorship process immediately upon reaching Canada ?

Which are the required documents and forms ? Where to get them and submit them ?

Warm regards,

 

[Rob_TO]

1. A positive H&C decision overcomes any RO violation you had previous to the decision. So you and your family should be able to renew your PR cards, and your daughter should be able to sponsor her spouse right after getting married. There should be no need to wait 2 years.

When we approached CHC, New Delhi, we were apprised of this two year binding before applying for a new PR Card, despite a positive H & C decision.

Shall we apply for the new PR Cards immediately after their expiry dates? Mine and my wife's P R Cards are expiring in March' 2017 while PR Cards of my daughter and son are expiring in May' 2017.

I went through the PR Card Renewal Forms. It asks for the details of mandatory stay of 730 days in the last 5 years which we do not have. Will they be renewed due to the positive H & C overcoming RO violations? I don't want the authorities to take any adverse action on our PR renewals.

Read this document. http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf
Following is stated multiple times:
Humanitarian and Compassionate Considerations (H&C):
When determining whether a permanent resident (PR) has complied with
the residency obligation with respect to being “physically present in
Canada” for 730 days within a 5 five year period, an officer must
consider H&C grounds (including the best interests of a child directly
affected by such a determination) prior to making a determination that
the person has lost their permanent resident status.

When an officer determines that humanitarian and compassionate
considerations relating to a permanent resident justify the retention of
permanent resident status, then such a determination will overcome any
breach of the residency obligation made before the H&C determination.

A31(3) Travel document “RC-1” counterfoil coding: Permanent
residents without a permanent resident card / positive H&C case: In
those cases where an overseas applicant for an A31(3) travel document
is issued with an A31(3) travel document, and an officer overseas has
made a determination under A28(2)(c) on the basis of H&C
considerations, counterfoil coding is “RC-1.”

So according to this and based on other cases we have seen on this forum, getting a PR TD under H&C reasons (so RC-1 coding on the PR TD) overcomes the 730 days in Canada RO, and should allow you to apply for PR card renewal immediately.

The info you were given about waiting 2 years is directly contrary to everything else I've heard. This would only be for someone who sneaks back into Canada without having their RO examined, and then must get back into compliance by living in Canada. You already got back into compliance with RO by the H&C decision.

Perhaps others can advise further or correct if this is not accurate. We have seen other cases on this forum though where people have successfully renewed PR card after a H&C decision. I'm not sure of the specific steps to take in the renewal app.

She will be in Canada only. Can she start the sponsorship process immediately upon reaching Canada ?

Which are the required documents and forms ? Where to get them and submit them ?

Warm regards,

Yes she can start the process as soon as she's married and back in Canada, under same assumption as above that the H&C finding overcomes the RO issue.
Forms to sponsor a spouse OUTLAND are here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Rajian]

Many thanks Sir for the wonderful information.

My single-entry travel document visa, pasted in my passport, shows category as R - 1 while C Rec shows FPC

It is in all the family passports. Is it to ok to get PR Card renewals, as discussed earlier.

Warm regards.

 

[zardoz]

Many thanks Sir for the wonderful information.

My single-entry travel document visa, pasted in my passport, shows category as R - 1 while C Rec shows FPC

It is in all the family passports. Is it to ok to get PR Card renewals, as discussed earlier.

Warm regards.

Look at this old thread.. http://www.canadavisa.com/canada-immigration-discussion-board/given-travel-document-with-r1-though-it-the-application-based-on-hc-grounds-t171338.0.html

 

[Rajian]

Sir,

Went through the thread. Good information.

So, certainly I can't take the risk of reassessment from VO for R-1 to RC-1. He may even reverse the decision !

What happens if I apply for the renewal of PR Cards after landing at year-end ? Can I apply ?

Hope, rejection of renewal application will not result in our removal from Canada.

All supporting original medical documents were submitted to CHC, New Delhi. So, I can not make the same case at Toronto, where I am landing and trying to settle, due to this reason.

It means, we can not travel back to our native place for next 2 years even in an emergency.

Regards

 

[Rob_TO]

Sir,

Went through the thread. Good information.

So, certainly I can't take the risk of reassessment from VO for R-1 to RC-1. He may even reverse the decision !

What happens if I apply for the renewal of PR Cards after landing at year-end ? Can I apply ?

Hope, rejection of renewal application will not result in our removal from Canada.

All supporting original medical documents were submitted to CHC, New Delhi. So, I can not make the same case at Toronto, where I am landing and trying to settle, due to this reason.

It means, we can not travel back to our native place for next 2 years even in an emergency.

Regards

You have already been approved to keep your PR status on H&C grounds. You have already been given a decision that you have overcome your residency obligation requirement, and a new visa officer will not reverse that decision.

It doesn't make sense that CIC would issue someone a PRTD and tell them they are no longer in violation of RO due to H&C reasons and let them return to Canada.... and then force them to wait 2 years before they can get a PR card again.

PR Card renewal application: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
Appendix A: Residency obligation
Minimum residency obligations
Humanitarian and compassionate grounds
If you are unable to meet the residency obligation, CIC will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status.