PR renewal after (Almost) 5 years out of the country

[hopehope]

Hello ; I am new to this Forum and guess this is rather complex issue. VIP members, please help!
It concerns my wife who is PR living since June 2008 overseas in Czech Republic taking care of her very ill dad. (Czech Republic citizens need Visa to entry Canada now)
Her PR expires in 2 weeks.
I am a dentist duly licensed and living in Canada since 1988. I am Canadian citizen. Both my kids are born in Canada but they live with mom in Czech. (15 and 17 years old now).
We got married in 1992 and my wife never wanted a Canadian passport and always renewed her PR instead even though she qualified for Citizenship.
As said in June 2008 she left Canada to take care of her father (who is 86 now and suffers from Alzheimer disease, her mom is 84 and can't do the care anymore).
I sold my Dental Practice and since then worked on 3 months on/ 3 months off "rotations" as Associate and a
long - term Locum for other dentists.
The 3 months "off" time I always spend with my family in Czech. This can be documented and counted actual days from my passport custom stamps when entering/leaving European Union.
We jointly own a house near Prague.
As a dentist I am Incorporated in my Province and employed by my Corporation.My wife is also employee of the same Corporation and does bookkeeping duties for the Corp. on full time basis (Not employed by anybody else in Czech Republic). Corporation pays her appropriate wage.
We deduct all taxes, CPP and maintain meticulous records . Her Tax Returns are filed here in Canada by reputable Accounting Firm.
She maintains (!) active bank accounts, Provincial Health Card, she also has Canadian driving license.
She has "In Trust account" for kids education as well RRSP and RESPs
Our Principal Residence is in her name (Title Deed) as this was recommended many years ago by our accountant (in case of liability issue due to me as a dentist). All taxes, electricity bills, gas bills are in her name and duly monthly paid and we have all the copies dating from 2008.
She is coming to Canada now. As I understand you have to apply for PR renewal from within Canada (right?)
1) Will she be questioned at the airport and what to say ?
2) What supporting documentation to include to help with her application for PR renewal?
3) Does she has to stay all the time in Canada (I understand now it is more than 70 days) or is there some process that she can go back to Czech - her father is very ill indeed and needs care. (During her PR Renewal process)
4) If she is refused PR by CIC, what happens with our Principal Residence and in case of selling the house in future, what happens with "Principal Residence Exemption" for Tax purposes ?

I'll very grateful for any suggestions in this rather complex case. Thank you
5) Is there any way to speed the process ?

 

[Leon]

1) Possible. She should say that she has indeed been outside Canada for the better part of the past 5 years but that she meets the residency requirements based on having spent 6 months a year with her spouse outside of Canada, see http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf page 10. If she has proof of you coming to visit her like copies of all your passport stamps, even better. If you are going to pick her up at the airport, she can tell them to page you if they want to talk to you as well.

2) Proof that you were spending time with her 3 + 3 months a year. She can also throw in some H&C reasons like her fathers medical situation and proof of that but she doesn't really need to if she was accompanied by a Canadian spouse.

3) No, she doesn't have to stay but if they call her in for an interview at some point or want her to pick up the PR card in person, she will have to apply for a travel document to return if her PR card is expired by then.

4) I have absolutely no idea. Keep in mind that having PR doesn't necessarily mean that a person is resident in Canada. If she loses her PR, you know you can sponsor her for PR again. She would then have to "land" as a PR again and after that have another 3 years she could spend outside Canada without having problems with the residency obligation.

 

[anusai]

Would appreciate if you could share the experience of your wife with the immigration officer when she landed in Canada.

I am a Canadian citizen living outside Canada with my husband whose PR has expired. The Canadian embassy has asked him if he has stayed with his Canadian wife for 730 days and he has to reply within 30 days.

I want to know what kind of proof they will ask me and what documents I will have to provide. Will they
check my landing records when we land in Canada together?

If you have any information to share, will be appreciated.
thanks

 

[Leon]

Would appreciate if you could share the experience of your wife with the immigration officer when she landed in Canada.

I am a Canadian citizen living outside Canada with my husband whose PR has expired. The Canadian embassy has asked him if he has stayed with his Canadian wife for 730 days and he has to reply within 30 days.

I want to know what kind of proof they will ask me and what documents I will have to provide. Will they
check my landing records when we land in Canada together?

If you have any information to share, will be appreciated.
thanks

If he has been asked to send proof within 30 days, you should not wait for the embassy to ask you, you should send it before the 30 days are up. You could send anything that proves that you were living with him. Do you need a visa to live in this country? A copy of that would be good. Do you have a job there? Show proof of that. Do you have official mail sent to your address where he lives? At the very least copies of your passport showing your passport stamps entering. You can also to a travel history for both of you for the past 5 years which corresponds with both your passport stamps and shows the time you spent together.

It could look something like this


Husband Wife Number of days Number of days together
Date 1 to Date 2 Both together in country x xxx xxx
Date 2 to Date 3 Business trip xx
Date 3 to Date 4 Together in country x xxx xxx
Date 4 to Date 5 Visiting family xx
Date 5 to Date 6 Together in country x xxx xxx
Date 6 to Date 7 Both on vacation in country Y xx xx

At the end, sum up the days you spent together.