PR / Family PR query ..

[pk2000]

Hi,

Few questions if anyone can please anwser/guide me. I have Canadian PR & I Landed in Canada in Dec 2009 but went back to UK in Jan 2010 after spending 40 days. Then I got married & my wife came with me to UK & now we have a baby.

Now I came back to Canada in September 2012 for few weeks but my wife/kid are in UK (my kid is British) but immigration officer ask lots of questions, where i was, why i was away for 2.6 year etc. Anyways I need to go back to UK so that I can see my family & can apply UK citizenship for myself in Aug 2013, for my wife in Dec 2013. I am planning to visit again to Canada in Jan 2013 with my family (my kid will be exempt from visa, wife will get a visitor). As My PR will expire in Jan 2015 & I want to settle down here permanetly so I have 2 questions.

1. When I will come to Canada permanetly in Oct 2013 then I should show my PR or Can i enter on British Passport then start living here as my PR will be still valid until Jan 2015?

2. I want to apply the PR of my kid/wife, what is the best option & when should i apply?
I should apply before Jan 2013 as all of us will be visiting Canada for 2 months in Jan/Feb 2013 or When I will come permantly to Canada in Oct 2013 then I should apply for thier PR?

Anyone ideas please.
Thanks,

 

[Leon]

There is a bit more to it than having a valid PR card until 2015. You must also meet the residency requirements of staying in Canada for at least 730 days in your first 5 years as a PR and after that in any rolling 5 year period. This is why they gave you trouble last time you entered.

These are actually not very strict requirements when you compare to many other countries where you can lose your PR if you leave for as much as 6 months at a time.

In any case, you would probably get away with entering Canada on a brand new British passport and staying for 2 years straight in order to revive your PR but if you sponsor your wife as soon as you enter, as you fill out your sponsorship forms, you will attract the attention of immigration that you do not meet the residency obligation and they may revoke your PR. This has happened to other people. You can not apply to sponsor your wife in early 2013, even if you would still be able to meet the requirements if you stayed because in order to sponsor as a PR, you must reside in Canada.

You have the following options:

- Forget UK citizenship and move to Canada now while you can still meet the requirements in your first 5 years and sponsor your wife right away.

- Sneak in on your new passport in Oct. 2013, stay for 2 years straight without leaving and then you will meet the requirements again and can apply to renew your PR card + apply to sponsor your wife and kid without a problem.

- Forget Canada and go through with your UK citizenship plans and settle in the UK instead.