PR Renewal Case

[rq1990]

First Post here.

Greetings. I'm requesting assistance in evaluating our situation and to explore possible paths.

So here's my Wife timeline,

• Landed as PR in August 2013 (age 19)
• stayed for 2 weeks then left
• stayed 3 weeks in August 2014
• stayed 3 weeks in August 2015
• stayed 2 weeks in August 2016 and hasn't been there since then.

PR card expires late Sept 2019.

Obviously she didn't meet the 730 days yet and won't be able to before Sept 2019.
The reasons are that she was already enrolled in college in her country of residency when she received the PR approval and did the landing, and after graduating college we met (I also reside in her country of residency, both expats) and we got engaged in April 2016 and Married in April 2017.

Now we are seeking PR renewal for her, and Family Sponsorship for me.

For her PR renewal, we are thinking of coming to Canada and submitting the application (March 2019), but since we both have full-time jobs in our current country of residences, we won't be able to stay more than a month. Will we meet instant rejection when we submit in upcoming March, or will explaining that she had college and residing with her family (who are all PRs but not working for any Canadian company), and then getting married help our case?

Should we hire a good lawyer or he won't be able to do much?

Feel free to ask any question about any thing that I didn't mentioned and you think might be critical for our case.

Thanks a bunch.

 

[Buletruck]

Returning in March and renewing immediately (provided she isn’t reported at entry) will result in a residency review for not meeting RO. Education outside of Canada carries limited weight in an appeal, so expect to loose her status. If she return and didn’t renew, she wouldn’t be able to sponsor you until she meets RO (budget 3 years being separated). She would face a residency review if she applied to sponsor you before she meets RO and the same chances with an appeal.

A lawyer would probably be more useful at consuming cash than providing any benefit, but that’s your call. Explaining the situation to IRCC is pointless....you are either compliant with RO or you aren’t. Explantations would come during an appeal.

 

[canuck78]

Sounds like the whole family might not meet their RO. The expiry date on her PR card is not important the landing date is. There is no way the plan to arrive in March for a month will work. Your wife will need to commit to an almost 2 year period (minus a few weeks) in Canada without leaving. She could only start the sponsorship process after meeting her RO which would be another year. You could end up being separated fr 3 years. I would spend some time seeing whether you and your wife would qualify for PR again and then make some big decisions. Sponsoring a child also requires that the parent to be in Canada and compliant with their RO. Something you should be aware of if you are considering having children.

 

[zardoz]

First Post here.

Greetings. I'm requesting assistance in evaluating our situation and to explore possible paths.

So here's my Wife timeline,

• Landed as PR in August 2013 (age 19)
• stayed for 2 weeks then left
• stayed 3 weeks in August 2014
• stayed 3 weeks in August 2015
• stayed 2 weeks in August 2016 and hasn't been there since then.

PR card expires late Sept 2019.

Obviously she didn't meet the 730 days yet and won't be able to before Sept 2019.
The reasons are that she was already enrolled in college in her country of residency when she received the PR approval and did the landing, and after graduating college we met (I also reside in her country of residency, both expats) and we got engaged in April 2016 and Married in April 2017.

Now we are seeking PR renewal for her, and Family Sponsorship for me.

For her PR renewal, we are thinking of coming to Canada and submitting the application (March 2019), but since we both have full-time jobs in our current country of residences, we won't be able to stay more than a month. Will we meet instant rejection when we submit in upcoming March, or will explaining that she had college and residing with her family (who are all PRs but not working for any Canadian company), and then getting married help our case?

Should we hire a good lawyer or he won't be able to do much?

Feel free to ask any question about any thing that I didn't mentioned and you think might be critical for our case.

Thanks a bunch.

Are you absolutely certain that it's Sept 2019, as it's unusual for a first PR card to have an expiry date that is over 6 years after the first landing.
Regardless, as has already been said, the date of expiry is irrelevant for the purpose of Residency Obligations calculation.
I concur with the previous posts regarding the impact of the non-compliance.

 

[zardoz]

Thanks for the reply! I see that our case is not an easy one, but I heard that a lawyer can have his ways with IRCC to convince them she had her reasons to be outside canada or even that she were in Canada this whole time (?!)

Only a fraudulent lawyer would misrepresent the truth. The penalty is significant if caught, and in this case, it would be. This is however, not how the system works. She applies for a PRTD or attempts to cross the border with the USA, or fly in (if the PR card is not expired). At this point, they detect the non-compliance and at that point, PR status is in the process of being revoked. Then she appeals to save her PR status. Only then could a lawyer be involved.

 

[zardoz]

I see. And while waiting for the appeal, she has to be inside Canada of course, right?

No. The appeal does not mandate that the appellant be in Canada.

 

[Buletruck]

Sponsoring during an appeal is impossible as well, as well as a PR sponsoring from outside Canada. It would be a long wait before any sponsorship could proceed with or without being found non compliant with RO.

 

[scylla]

First Post here.

Greetings. I'm requesting assistance in evaluating our situation and to explore possible paths.

So here's my Wife timeline,

• Landed as PR in August 2013 (age 19)
• stayed for 2 weeks then left
• stayed 3 weeks in August 2014
• stayed 3 weeks in August 2015
• stayed 2 weeks in August 2016 and hasn't been there since then.

PR card expires late Sept 2019.

Obviously she didn't meet the 730 days yet and won't be able to before Sept 2019.
The reasons are that she was already enrolled in college in her country of residency when she received the PR approval and did the landing, and after graduating college we met (I also reside in her country of residency, both expats) and we got engaged in April 2016 and Married in April 2017.

Now we are seeking PR renewal for her, and Family Sponsorship for me.

For her PR renewal, we are thinking of coming to Canada and submitting the application (March 2019), but since we both have full-time jobs in our current country of residences, we won't be able to stay more than a month. Will we meet instant rejection when we submit in upcoming March, or will explaining that she had college and residing with her family (who are all PRs but not working for any Canadian company), and then getting married help our case?

Should we hire a good lawyer or he won't be able to do much?

Feel free to ask any question about any thing that I didn't mentioned and you think might be critical for our case.

Thanks a bunch.

As others have said, it will be extremely difficult for her to keep her PR status. Even if she is successful, it will be a few years before she can sponsor you for PR.

Best option is for her to renounce her PR status and for the two of you to apply together through an economic immigration stream like Express Entry.