PRTD And PR Card at the entrance- Lost status of PR but in Canada

[ih.un]

Hello Everybody,
My wife becomes PR from his father in 2000 and they turned back to home country after 4 months. She was kid at this time and after our marriage we applied to renew PR and received that, PR status is lost because of 2 years absence out of 5 .
It was also suggesting to apply for PRTD . We closed the page. Then, I started to work end of 2016 in Canada with job offer and work permit. I have my work permit and I got work permit also for my wife. We are in Canada,having work permit,temporary sin and she has her own business. Our kids are going school and they have permit to study.
One of my lawyer friend suggested to apply her PR renew after 2 years stay.
Do you think,if we will apply for PRTD in our home country this summer (After 8 months living in Canada but having work permit till end of 2019)
do they issue PRTD
If they issue,does immigration police make problem
Of she will be rejected for PRTD or getting PR from immigration police,is work permit affected/cancelled

Please respond,
Regards

 

[scylla]

She has officially lost her PR status. There's no point applying for a PRTD or to renew the PR card. A work permit cannot be issued for someone who still has PR status. So if your wife was approved for a work permit, she no longer has PR.

 

[ih.un]

Thanks
But she received an e mail after her work visa was issued. It tells that,she may be a pr and unless she will clarify the issue,there may be problem for her to enter Canada. This e mail came after work visa is issued . We had only a few questions at the entrance about her ex pr and officer issued permit.
As I know she,pr was not lost unless you renounce.She never did.
Also when we went to service canada for sin, they had problem to give her temporary one,because oermanent sin was still in progress,then they sent via mail but tied temporary one to ex one,not cancelled permanent one.

 

[Rob_TO]

Do you think,if we will apply for PRTD in our home country this summer (After 8 months living in Canada but having work permit till end of 2019)
do they issue PRTD
If they issue,does immigration police make problem
Of she will be rejected for PRTD or getting PR from immigration police,is work permit affected/cancelled

8 months is not 2 years. She would need to live in Canada for no less than 2 years if she wanted to come back into compliance with the Residency Obligation, and renew her PR status. This is assuming her PR status was never revoked a long time ago.

If she applies for a PR TD while in home country after spending just 8 months in Canada, she should expect the PR TD will be refused and process started to officially revoke her PR status.

Even if she doesn't apply for PR TD, next time she attempts to enter Canada CBSA may see she is a PR that does not meet RO, and start process to revoke her PR status.

 

[ih.un]

Thanks.

 

[canuck_in_uk]

Thanks
But she received an e mail after her work visa was issued. It tells that,she may be a pr and unless she will clarify the issue,there may be problem for her to enter Canada. This e mail came after work visa is issued . We had only a few questions at the entrance about her ex pr and officer issued permit.
As I know she,pr was not lost unless you renounce.She never did.
Also when we went to service canada for sin, they had problem to give her temporary one,because oermanent sin was still in progress,then they sent via mail but tied temporary one to ex one,not cancelled permanent one.

A PR can lose their status either by renouncing it themselves OR by having it revoked by IRCC. When she applied for renewal and was found in violation of the Residency Obligation, she would have been given the opportunity to show H&C grounds to keep her PR. If she couldn't show such grounds, IRCC would have revoked her status.

As scylla said, PRs can't be issued work permits.

 

[Rob_TO]

She was kid at this time and after our marriage we applied to renew PR and received that, PR status is lost because of 2 years absence out of 5 .

As I know she,pr was not lost unless you renounce.She never did.

Didn't notice the above at first. As mentioned, after applying to IRCC for anything (like renewal or PR card) and being found in violation of RO, PR status can be forcefully revoked, which is most likely what happened here. It does not need to be voluntarily renounced to lose status.

As such she is no longer a PR, so can never apply for PR TD or PR card.

 

[ih.un]

Thanks for your kind respond. I have last question , to clarify the issue officially , we will apply for PRTD in our home country when she will be there for summer.
After certain rejection, will she be facing to come again to Canada in September with her valid work permit which is till end of 2019?
Warm Regards

 

[Rob_TO]

we will apply for PRTD in our home country when she will be there for summer.

Why would you even bother? She is not a PR so is ineligible to apply for a PR TD. Would be a complete waste of your money and time.