PR Obligation - Spouse does not meet but main applicant does - What can be done?

[Jaxon911]

I recently got my PR visa under FSWP 2014. My wife and I will land next year in February in Canada.

Does anybody know what happens if for example my wife fails to fulfill her permanent residence obligation in Canada but I do fulfill it?

I will have 3 years from next February to move to Canada so technically I can move to Canada in Feb 2019. And I am planning to move to Canada in Feb 2019 due to personal reasons. I will spend 6 months there to look for a job and see how life is in Canada. After 6 months, if I have found a job or liked Canada, she would move to Canada. But by then she would have failed to comply with residency obligation of minimum 2 years in Canada out of 5! But I would have met the PR obligations and I would be living in Canada!

In this scenario, how can my wife get her PR back? I know it's tricky question but that's what it really is

Thanks!

 

[dpenabill]

I recently got my PR visa under FSWP 2014. My wife and I will land next year in February in Canada.

Does anybody know what happens if for example my wife fails to fulfill her permanent residence obligation in Canada but I do fulfill it?

I will have 3 years from next February to move to Canada so technically I can move to Canada in Feb 2019. And I am planning to move to Canada in Feb 2019 due to personal reasons. I will spend 6 months there to look for a job and see how life is in Canada. After 6 months, if I have found a job or liked Canada, she would move to Canada. But by then she would have failed to comply with residency obligation of minimum 2 years in Canada out of 5! But I would have met the PR obligations and I would be living in Canada!

In this scenario, how can my wife get her PR back? I know it's tricky question but that's what it really is

Thanks!

The plan for you is technically OK but practically risky. Stuff happens. What happens if something comes up in January 2019 that requires you delay coming to Canada to settle? Better to give yourself at least a few months buffer.

Moreover, be aware that the law is always subject to change. The PR Residency Obligation today could be changed any year. Particularly if the Conservatives form the government again after this year's election this is something to be aware of and watch.

The plan for your spouse is of course flawed, since she will breach the PR RO. Depending by how much the breach is and other factors, including the nature of the personal reasons for not coming to Canada sooner, the breach may be in effect waived and she would be allowed to retain PR status.

If she loses PR status, you can sponsor her (under current law, probably will continue to be the law but again all these laws can be changed any year) in the family class.

 

[Jaxon911]

The plan for you is technically OK but practically risky. Stuff happens. What happens if something comes up in January 2019 that requires you delay coming to Canada to settle? Better to give yourself at least a few months buffer.

Moreover, be aware that the law is always subject to change. The PR Residency Obligation today could be changed any year. Particularly if the Conservatives form the government again after this year's election this is something to be aware of and watch.

The plan for your spouse is of course flawed, since she will breach the PR RO. Depending by how much the breach is and other factors, including the nature of the personal reasons for not coming to Canada sooner, the breach may be in effect waived and she would be allowed to retain PR status.

If she loses PR status, you can sponsor her (under current law, probably will continue to be the law but again all these laws can be changed any year) in the family class.

Thanks, what you're saying makes sense about risk factors but the issue in my case is slightly complicated. My wife and I will get our UK PR towards end of 2018, so I will have to stay in the UK until that happens. If my wife or I are in the UK till August 2019, then at least one of us will get UK passport too! So my plan is to secure UK residence and then go to Canada so that we can return to the UK anytime we wish to! If we stay outside UK for 2 years then we also lose UK PR but if my wife has a UK passport then I can get UK PR back even if has expired!

So technically what I'm going to do is secure our PR in Canada, while she does it for us in the UK! And that also gives me time to see Canada and decide if I want to stay or go back to the UK!

 

[zardoz]

Thanks, what you're saying makes sense about risk factors but the issue in my case is slightly complicated. My wife and I will get our UK PR towards end of 2018, so I will have to stay in the UK until that happens. If my wife or I are in the UK till August 2019, then at least one of us will get UK passport too! So my plan is to secure UK residence and then go to Canada so that we can return to the UK anytime we wish to! If we stay outside UK for 2 years then we also lose UK PR but if my wife has a UK passport then I can get UK PR back even if has expired!

So technically what I'm going to do is secure our PR in Canada, while she does it for us in the UK! And that also gives me time to see Canada and decide if I want to stay or go back to the UK!

You do realise that to get UK citizenship under the terms that you have given, you will have to lie on your AN1 application form for British citizenship at Question 2.3? The interview that you will have to attend to obtain a passport may result in this being detected... Caveat Emptor.

 

[Jaxon911]

You do realise that to get UK citizenship under the terms that you have given, you will have to lie on your AN1 application form for British citizenship at Question 2.3? The interview that you will have to attend to obtain a passport may result in this being detected... Caveat Emptor.

Hi

I would not need to be lying anywhere. First of all, I'll be out of the UK (and in Canada) after I get my UK Permanent Residence so I wouldn't be eligible for passport. If I find a good job then my wife will move over and she wouldn't apply for passport, she would come over with her UK PR. We can return to the UK with our PR within 2 years anyway!

Whereas if I don't find a job, she would stay in the UK and get her passport. Once she gets her passport, if I'm still in Canada she would come over but our main intended residence would be UK by then because it took me 1 week to find a good job in London, with the kind of skills and experience I have if I can't find a good job within 6 months in Canada, there's no way we'd stick around in that country after that because I'll access ample opportunities back in the UK!

J.

 

[eileenf]

Thanks, what you're saying makes sense about risk factors but the issue in my case is slightly complicated. My wife and I will get our UK PR towards end of 2018, so I will have to stay in the UK until that happens. If my wife or I are in the UK till August 2019, then at least one of us will get UK passport too! So my plan is to secure UK residence and then go to Canada so that we can return to the UK anytime we wish to! If we stay outside UK for 2 years then we also lose UK PR but if my wife has a UK passport then I can get UK PR back even if has expired!

So technically what I'm going to do is secure our PR in Canada, while she does it for us in the UK! And that also gives me time to see Canada and decide if I want to stay or go back to the UK!

Pursuing PR in two different places at once is risky for a family and in Canada it often draws additional scrutiny and delays to your file.

A word of advice for landing or interacting with CIC or CBSA: Tone-down the passport/residency-shopping angle of this. Your messages make it sound like you're really excited to have multiple passports, multiple options, multiple residencies. This makes sense. It is exciting.

But this sort of excitement that focuses on securing rights, rather than actually living in Canada, can backfire rather easily.

My advice is to make sure you both actually meet your residency requirements somewhere. And make sure you document it. Assume that everything you say will need to be documented and verified. Because it really might. Things don't always go as planned for a family with a 5-10 year multi-passport accumulation scheme.

 

[Jaxon911]

Pursuing PR in two different places at once is risky for a family and in Canada it often draws additional scrutiny and delays to your file.

A word of advice for landing or interacting with CIC or CBSA: Tone-down the passport/residency-shopping angle of this. Your messages make it sound like you're really excited to have multiple passports, multiple options, multiple residencies. This makes sense. It is exciting.

But this sort of excitement that focuses on securing rights, rather than actually living in Canada, can backfire rather easily.

My advice is to make sure you both actually meet your residency requirements somewhere. And make sure you document it. Assume that everything you say will need to be documented and verified. Because it really might. Things don't always go as planned for a family with a 5-10 year multi-passport accumulation scheme.

Of course, I'll tone down the multiple residency angle when I interact with CBSA because that's what reality is. I have obtained Canadian PR mainly as a back up. I will still have to stay in the UK for 3 odd more years before I get my UK PR. I'll come to know how the immigration policies are going to share once the new UK govt assumes power in May this year. I am happy with my job and overall situation in London otherwise. I don't really want to shop for Canadian passport. However, I have heard many stories of people struggling to find a decent job in Canada, plus pay rates are bit low in Canada especially due to low CAD. If I do go to Canada, I want to keep my UK option open because UK is where I have invested last 5 years of my life. I have a job, flat and credit history here. Basically, in attempt to migrate to Canada, I definitely don't want to lose my UK residence because that's my priority as of today, I'd chose to stay in the UK if I've to chose between UK and Canada!

 

[string11]

Hi,
I am also in the same situation.
I Landed Canada on July 2014 stayed for a month received PR card and off to USA where i have working since 2012.
Now my scenario is since I am on working Visa and my company will be sponsoring me for USA PR soon probably by July 2015. But will still take almost 6 months to a year that will be somewhere in 2016.
So wanted to have any opinions whether i should be waiting till my USA paper for PR is completed or get back to Canada and look for jobs.
How long can i stay in USA to meet PR obligation of canada?
Forum friend please share ur views.

 

[Jaxon911]

Hi,
I am also in the same situation.
I Landed Canada on July 2014 stayed for a month received PR card and off to USA where i have working since 2012.
Now my scenario is since I am on working Visa and my company will be sponsoring me for USA PR soon probably by July 2015. But will still take almost 6 months to a year that will be somewhere in 2016.
So wanted to have any opinions whether i should be waiting till my USA paper for PR is completed or get back to Canada and look for jobs.
How long can i stay in USA to meet PR obligation of canada?
Forum friend please share ur views.

As of now, you need to spend 2 out of 5 years in Canada since you obtained your PR Card / completed the landing procedure!

 

[drezashah]

Hey guyz
Does anyone knw what happens if I just stay for 2 years (the minimum for retaining the PR) in Canada while my wife (who was a dependent in my case) stays for the full 3 years?
what I want to know is whether she s going to obtain her citizenship and I ll be able to get mine based on "her citizenship".

 

[mats]

Hey guyz
Does anyone knw what happens if I just stay for 2 years (the minimum for retaining the PR) in Canada while my wife (who was a dependent in my case) stays for the full 3 years?
what I want to know is whether she s going to obtain her citizenship and I ll be able to get mine based on "her citizenship".

No, it doesn't work that way. That's an option for minors, if the parent fulfills the citizenship residency criteria then the minor children need not have the required number of days to file for citizenship. For adults, each has to individually have the required days to apply for citizenship.

 

[drezashah]

No, it doesn't work that way. That's an option for minors, if the parent fulfills the citizenship residency criteria then the minor children need not have the required number of days to file for citizenship. For adults, each has to individually have the required days to apply for citizenship.

Tnx mate

 

[drezashah]

New
another question
If at the end of the first 5 years I end up filling 2 years, would I be eligible to apply for citizenship the following year?
Or I should wait another 5 years and stay a new 3-year period from the very scratch?

 

[mats]

New
another question
If at the end of the first 5 years I end up filling 2 years, would I be eligible to apply for citizenship the following year?
Or I should wait another 5 years and stay a new 3-year period from the very scratch?

A new law is coming into effect Bill C-6. The 3 out 5 years part yet to come into effect. Read more of that in the citizenship section of this forum.

 

[Bs65]

New
another question
If at the end of the first 5 years I end up filling 2 years, would I be eligible to apply for citizenship the following year?
Or I should wait another 5 years and stay a new 3-year period from the very scratch?

as opposed to searching through the numerous citizenship posts, and there are many on the upcoming law changes, read in the link below the changes that are pencilled in for this fall, actual date not yet announced

https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/bill_c-6_receivesroyalassent0.html?_ga=2.248682883.543579531.1504760074-1712909910.1504760074