PR RENEWAL/ Not meeting residency obligations

[Desisoni]

Hi,
Can somebody explain the various possible methods i can adopt for my current situation.
My situation is-

I Along with my husband and minor son Obtained PR in May 2010.
After a brief stay for 2 months in Canada all three of us went back to India( home country)
In December 2010 my husband got a job with a top MNC ( IT field) and shifted to Canada but I stayed back with my minor son in India due to personal/ family reasons.

Since then my husband has been in a travelling job ( 5 days a week) only weekends at home in GTA.
He was travelling to India once in a while and we( myself and my son) have travelled to Canada in the past 5 years on 2 occasions. Since my son was in high school during this period and had some family commitments I did not relocate in all these years and waited for him to finish his higher secondary in India which he will be completing in May 2016.

In the meanwhile, my husband has obtained his citizenship recently after fulfilling all the residency obligations and he is a Canadian citizen now. During his application for citizenship he applied for my son too ( being a minor, even though he has not lived here all these years) my son's citizenship process is also over.
We( myself and my son only) are now back in India for him to complete his grade 12 and return next year once for all for his university education.

But my PR card is expiring on 26/06/2015. Noticing this I applied for a renewal despite having lived in Canada only for 100 days in this 5 years, in March 2015 when I was in Canada for my husband's oath ceremony.
Now I have received a letter from CIC asking me to furnish all details, ABSENCE HISTORY, passport pages etc.
As I was preparing to send them, my husband consulted an immigration lawyer in GTA and she has advised him against replying to that mail from CIC. She has warned him that if we do so, they will certainly not renew my PR as I have just 100 days residency obligation, it will complicate my case further etc.
But my questions are-
1. Now that both my husband and son are citizens, does it not warrant a strong signal that we have close ties with Canada and once I return next year I will also continue to live there permanently?
2. If I choose not to reply to their mail, is I to.k? then can I apply for a travel document next year during my travel to Canada, will it be granted? Or due to my past history of not meeting 730 days requirement will there be any problem?
3. Now that I am accompanying a Canadian citizen ( my son), out of Canada then can I apply on that ground?
But I am not sure whether that law of accompanying holds good with a minor citizen accompanied by a parent, whereas it holds vice versa.

What do I do now? Pls explain somebody......

Thnx

 

[scylla]

Your options are limited since you don't meet the residency requirement.

1. It doesn't matter that your husband and son are both citizens. You must meet the residency obligation to retain your PR status. You are nowhere close to meeting the residency requirement and a refusal is guaranteed.
2. The Travel Document will be refused because you don't meet the residency requirement.
3. No. You can only count time spend outside of Canada towards the PR residency requirement if you are accompanying your Canadian citizen spouse (your son doesn't count).

You really have two options once you are ready to return to Canada:

1) Give up your PR status and have your husband sponsor you for PR as his spouse.
2) Obtain a US visitor visa and enter Canada via a Canada/US land border using your expired PR card. If you go with this option, there is a chance you will be reported at the border for failing to meet the residency requirement and you'll have to appear at a hearing to argue why you should be allowed to keep your PR status. If this happens, you should expect to lose your PR status (since you don't meet the residency requirement) and you'll have to leave Canada. Your husband will then have to sponsor you for PR as his spouse.

 

[zardoz]

Hi,
Can somebody explain the various possible methods i can adopt for my current situation.
My situation is-

I Along with my husband and minor son Obtained PR in May 2010.
After a brief stay for 2 months in Canada all three of us went back to India( home country)
In December 2010 my husband got a job with a top MNC ( IT field) and shifted to Canada but I stayed back with my minor son in India due to personal/ family reasons.

Since then my husband has been in a travelling job ( 5 days a week) only weekends at home in GTA.
He was travelling to India once in a while and we( myself and my son) have travelled to Canada in the past 5 years on 2 occasions. Since my son was in high school during this period and had some family commitments I did not relocate in all these years and waited for him to finish his higher secondary in India which he will be completing in May 2016.

In the meanwhile, my husband has obtained his citizenship recently after fulfilling all the residency obligations and he is a Canadian citizen now. During his application for citizenship he applied for my son too ( being a minor, even though he has not lived here all these years) my son's citizenship process is also over.
We( myself and my son only) are now back in India for him to complete his grade 12 and return next year once for all for his university education.

But my PR card is expiring on 26/06/2015. Noticing this I applied for a renewal despite having lived in Canada only for 100 days in this 5 years, in March 2015 when I was in Canada for my husband's oath ceremony.
Now I have received a letter from CIC asking me to furnish all details, ABSENCE HISTORY, passport pages etc.
As I was preparing to send them, my husband consulted an immigration lawyer in GTA and she has advised him against replying to that mail from CIC. She has warned him that if we do so, they will certainly not renew my PR as I have just 100 days residency obligation, it will complicate my case further etc.
But my questions are-
1. Now that both my husband and son are citizens, does it not warrant a strong signal that we have close ties with Canada and once I return next year I will also continue to live there permanently?
2. If I choose not to reply to their mail, is I to.k? then can I apply for a travel document next year during my travel to Canada, will it be granted? Or due to my past history of not meeting 730 days requirement will there be any problem?
3. Now that I am accompanying a Canadian citizen ( my son), out of Canada then can I apply on that ground?
But I am not sure whether that law of accompanying holds good with a minor citizen accompanied by a parent, whereas it holds vice versa.

What do I do now? Pls explain somebody......

Thnx

In brief, these are the answers.
1) No, and it's not relevant what you *might* do in the future.
2) If you need to apply for a Travel Document, your compliance with the residency obligation requirements will be examined. Given what you have said, your application will be refused and you will probably lose your PR status as well.
3) This is of no help to you. The fact that you have a citizen child does not protect your residency obligation shortfall.

 

[Desisoni]

Hi All,
Thank you so much for this prompt response.

1.Can u pls elaborate on that U.S/ Canada land border crossing..and what does getting reported mean?it sounds scary for a totally law abiding person.
2. Will I be allowed to enter Canada? And can I live and work there ?
3. After Getting reported when will I be called by CIC to explain my stay there? How long does this take?
4. If my husband has to sponsor me then, can't he sponsor me now itself? Because my PR card is expiring this month end.
5. If we initiate this sponsorship process now, how long does it take? If it takes a couple of years, then when I plan to visit next year will I be eligible for a multiple entry visitor visa, where I can leave Canada once in few months and re enter till my PR sponsorship comes thru?

I don't know whether I am asking too much.. Just a bit concerned and too confused..pls bear with me..

Thnx

 

[scylla]

1. The officer you speak with at the border files an official report stating that you do not meet the residency obligation. As a result of this report being filed, you will have to appear at a CIC hearing to argue why you should be allowed to keep your PR status even though you have failed to meet the residency obligaion. Once your PR status is revoked, you will be asked to leave Canada in 30 days. (If you are asked to appear at a hearing you should expect to lose and have your PR status revoked since you have spent so little time in Canada.)
2. You will be allowed to enter Canada and live / work here until a decision is made in your case.
3. You'll be called to appear at the hearing within 30 days of entering Canada.
4. No - your husband cannot sponsor you now. In order to sponsor you - you would first have to officially give up your PR status. You cannot be sponsored for PR if you are already a PR.
5. See above - you cannot initiate the sponsorship process until you officially give up your PR status. You should expect the process to take anywhere from several months to over a year. You can apply for a multiple entry visitor visa however it is impossible for any of us to say if it will be approved.

 

[Desisoni]

Hi Scylla,
Thank you for the various suggestions.
1. After the expiry of my PR card, by end of June 2015, since I have not met the 730 days can I voluntarily give up my PR STATUS and seek the sponsorship route through my husband?
2. I want to know whether I can initiate this process ASAP as this route takes a long time even though the processing timelines mentioned in CIC website for spouse is relatively lesser than for other relatives like parents siblings etc.
3. If I am eligible to start this process now and if it takes a year or more then it may be available by late next year(2016) and I shall move back with my family in Canada. Am I right or wrong?
I am trying to explore the various options( do I even have that many?), hence so many questions.
Pls answer.....

Thnx

 

[Jerry1410]

I have read in the CIC PR Renewal Guide that accompanying a minor child who is a citizen does count towards meeting the RO. Other members can check this and comment on it.

 

[keesio]

I have read in the CIC PR Renewal Guide that accompanying a minor child who is a citizen does count towards meeting the RO. Other members can check this and comment on it.

The reverse is true. A PR minor child who accompanies a citizen parent abroad has those days count towards RO (while a PR parent who accompanies a citizen child abroad does NOT have those days count)

 

[neutral]

Hi Scylla,
Thank you for the various suggestions.
1. After the expiry of my PR card, by end of June 2015, since I have not met the 730 days can I voluntarily give up my PR STATUS and seek the sponsorship route through my husband?
2. I want to know whether I can initiate this process ASAP as this route takes a long time even though the processing timelines mentioned in CIC website for spouse is relatively lesser than for other relatives like parents siblings etc.
3. If I am eligible to start this process now and if it takes a year or more then it may be available by late next year(2016) and I shall move back with my family in Canada. Am I right or wrong?
I am trying to explore the various options( do I even have that many?), hence so many questions.
Pls answer.....

Thnx

1) Yes, the easiest way is being in India, you ask for a travel document. They should deny it and cancel your permanent resident status, then you could be sponsored.

2) You can start the process (in fact, your husband will) the day you are officially no longer a PR.

3) No one here neither the Canadian Consulate would guarantee you that you'll get your immigrant visa within a specific period of time.

 

[Lovelie1980]

Hi any updates..

 

[Lovelie1980]

I wonder if she gets citizenship or what's the status of her application...

 

[keesio]

I wonder if she gets citizenship or what's the status of her application...

Last time she was on this forum was 2015. We may never know...