PR Renewal when not meeting the 730 day Residency Obligation

[kiwi1959]

Hi

We Landed in Ontario for first time and obtained PR status on Dec 2008.
Stayed only a week and left Canada for 43 months (i. e almost 3 and 1/2 years)
ReEntered Canada last summer with only 17 months left (instead of the required 24 mths at least) before PR expiry.
To be on the safe side, my wife and 2 children are then locked for 2 continous years without quiting Canada for Vacation.
Wife in part time job and children in school.
I am working outside Canada to support them financially (I will definitly loose hope for my own PR renewal).
Assuming my wife and children plan to take 1 month Vac immediatly after these 2 continous years stay.

Q1: Should they apply for PR Renewal in advance or wait to close 2 continous years (in Summer 2014) , at that date they will be 7 months after PR expiry date ?

Q2: For myself (father), shall I apply for sponsorship by my wife or reapply for immigration from scratch.

Q3: Sall we hire an immigration lawyer, espcially that we are in breach if the residency obligation rule, or he won't give an added value ?

Thanks

 

[Leon]

Wife and children should stay two full years plus a little bit extra for good measure and then apply to renew their PR cards along with proof of residency like kids school reports and wife's job letter and tax returns. The processing time for a PR card renewal is currently 75 days. When they get the new PR cards, they can leave for vacation without worrying.

You would need to officially renounce your PR because you do not meet the requirements anyway and then your wife can apply to sponsor you. Sponsorship is really the simplest way for you to get PR again. You do not have to renounce it now. She can not sponsor you anyway until she has 2 years in Canada herself.

 

[kiwi1959]

Thank you Leaon for the reply.

My / Our PRs exire on Dec 2013. According to your comments:
My Wife (and children) will finish 2 continous year stay on July 2014. She will get her new PR on Oct 2014.
She will then apply to sponsor me on Nov 2014.

Q1: Do I really need to surrender my PR to the Canadian Embassy before its expiry then ask for the 10 year Multiple Visa ?

Q2: How long does the husband sponsoring procedure would take in Ontario ? assuming we satisfy all requirements.

Thanks

 

[Leon]

If she arrived back in Canada in July 2012 and never left, she would be eligible to renew her PR card in July 2014. If all goes well, she will get her new PR card in Oct. 2014. Then she can sponsor you but of course she can not sponsor you if you are still a PR.

You do not have to surrender your PR to the embassy before it expires but it will get harder for you to visit Canada when it expires. At that point, you may want to consider renouncing it and applying for a multiple visit visa until your wife is able to sponsor you.

Sponsoring a spouse who is living overseas does not depend on Ontario, it depends on the country you are living in. You can see processing times here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

 

[masrani]

Leon

I have a similar scenario. I want to know how do we renouce the PR. Whats the procedure. Is it a simple surrender kind of thing at a Canada consculate/embassy or ?. Would appreciate if you can reply asap.
Many thanks in advance.

 

[Leon]

Leon

I have a similar scenario. I want to know how do we renouce the PR. Whats the procedure. Is it a simple surrender kind of thing at a Canada consculate/embassy or ?. Would appreciate if you can reply asap.
Many thanks in advance.

There is a form to renounce it that should be available at your embassy. I have never found the form online but it says here: http://www.canadavisa.com/canada-immigration-discussion-board/urgent-renouncing-residency-status-t69540.0.html;msg724295#msg724295 that it is IMM 5538B

 

[masrani]

It seems its not easy to relinquish your PR..not a clear process.
Thanks a lot for your reply Leon.

 

[sargun]

Re: PR Renewal when not meeting the 730 day Residency Obligation due to critical

Dear Sir/Mam,
I am permanent resident of canada and i went to canada with my family (myhusband as well as two kids)in year 2010 and stayed there for about one and half month and left canada.And now i am staying outside canada for last about 2years 10months years and i had plan to return to canada before 3 years but unfortunately my husband is diagnosed with cancer recently in the month of Jan13 and he is undergoing treatment presently in the home country and he is not in a position to travel also and my husband and two kids are also permanent residents as i am. As it is mandatory to have atleast 2 years stay out of 5 years to maintain permanent residency. Considering our circumstances we are looking for 1 year extension outside canada ( Total 4 years) on compassionate ground for me , my husband and for our two kids. As me and my husband dont want to burden on canadian health system and want to be absolutely fit to become part of canadian work force. So my query is that Can me and family be given 1 year extension (total four years outside canada)
considering our circumstances ?so that there should not be any issue in maintaining our permanent residency staus afterwards. If it is possible , kindly let us know to whom we need to request and approach and we are also looking for contact details for the same. We sincerely request you to kindly respond at the earliest.
Warm Regards
Contact E-mail id- sargun_t2001@yahoo.co.in

 

[hasmee]

If she arrived back in Canada in July 2012 and never left, she would be eligible to renew her PR card in July 2014. If all goes well, she will get her new PR card in Oct. 2014. Then she can sponsor you but of course she can not sponsor you if you are still a PR.

You do not have to surrender your PR to the embassy before it expires but it will get harder for you to visit Canada when it expires. At that point, you may want to consider renouncing it and applying for a multiple visit visa until your wife is able to sponsor you.


Hi Leon
Even I am in a similiar situation. I will complete my two years in July 2013. Can I apply for PR renewal on urgent basis with the tickets so that the application gets expedited and I can go for vacation in the month of August 2013.

Sponsoring a spouse who is living overseas does not depend on Ontario, it depends on the country you are living in. You can see processing times here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp