Renounce PR or apply for Travel doc? Please help

[Sunshine928]

Thank you for reading my thread.

My bf and I are having a dilemma now. His PR card expired and due to a mistake, when we renewed his PR card we calculated days wrong. He didn't meet RO, and we submitted a H&C letter as they asked if we have any so CIC may consider extension, we tried at the time as we don't want to give up. But we won't be hearing anything from them for a super long time as I called CIC.

I'm still in Canada as a PR and will get my citizen soon. however he is overseas. He wanted to come back to Canada to see me and sell car and deal with other stuff, should we bother to try to apply travel document and CIC may reject and cancel his PR status then we apply for visitor OR we should just renounce his PR and apply for visitor visa for him. Which one is better? We are planning to get married, then I will sponsor him, I'm not sure if he renounces himself , will CIC reject us or give a lot of trouble when I sponsor him as they may think he marries me for the PR? Anyone had gone through this kind of situation?

Thank you so much

 

[rish888]

Couple of things:

1) You don't need to be a citizen to sponsor. You can sponsor as a PR.
2) How long have you been living together, if you are in a common-law relationship or have otherwise been together long chances of CIC accusing you of a marriage of convenience is unlikely.

3) How severe was the non-compliance? He can apply for a travel doc, and if denied he has a right to appeal. While the appeal is being processed he will be a full PR with all rights. (If he has been in Canada in the past 365 days he will be issued a travel doc by default but will be reported for non-compliance.)

If he has not been in Canada in the past 365 days he can enter Canada by land via the U.S.

If you don't want to go through the appeals process then he can renounce his PR and apply for a Visitor Visa/Open work permit while the application is being processed.

Note: (I am not sure if CIC will process a renunciation request if there is a pending H&C application with them. Maybe someone else on the forum can advise you on this.)

 

[Sunshine928]

Couple of things:

1) You don't need to be a citizen to sponsor. You can sponsor as a PR.
2) How long have you been living together, if you are in a common-law relationship or have otherwise been together long chances of CIC accusing you of a marriage of convenience is unlikely.

3) How severe was the non-compliance? He can apply for a travel doc, and if denied he has a right to appeal. While the appeal is being processed he will be a full PR with all rights. (If he has been in Canada in the past 365 days he will be issued a travel doc by default but will be reported for non-compliance.)

If he has not been in Canada in the past 365 days he can enter Canada by land via the U.S.

If you don't want to go through the appeals process then he can renounce his PR and apply for a Visitor Visa/Open work permit while the application is being processed.

Note: (I am not sure if CIC will process a renunciation request if there is a pending H&C application with them. Maybe someone else on the forum can advise you on this.)

Thank you for your answer. We were together last year in Oct. and we applied PR renewal in Jan. And now he is not in Canada. approx. 30 days non-compliance. CIC sent us a letter to ask if we have the H&C reason. we just submitted as his ex-wife and son were in canada and his parents were sick in China, However, we knew it was not a strong reason and just wanted to take a chance at that time. Now, we are kind of tired of waiting. And we want to see each other. That's why we decided maybe we should renounce it OR apply for TD.

he can't land via US now as he lost the PR paper. I'm kind of frustrated now, and dont know which way is better.

 

[rish888]

Does he have a US visa?

He doesn't need any document other than his passport to enter Canada at the land border. No need for PR paper. With passport they can figure out he is a PR.

30 days is not a serious shortfall, I this case I would recommend land border because odds on getting in without being reported are better.

Note: Even if reported he will still be allowed to enter Canada. If reported he should immediately appeal his report.

 

[Sunshine928]

Does he have a US visa?

He doesn't need any document other than his passport to enter Canada at the land border. No need for PR paper. With passport they can figure out he is a PR.

30 days is not a serious shortfall, I this case I would recommend land border because odds on getting in without being reported are better.

Note: Even if reported he will still be allowed to enter Canada. If reported he should immediately appeal his report.

No, he doesn't have US visa. He can apply for it though.

Only thing now is he has business back home now. He can only stay a couple of months for now, once the business is stable, he can come back like 8 months a year. That's why we are confusing as even the border let him in, he won't be stay too long. And we want to buy an apt together.

 

[rish888]

You said he is only missing about 30 days.

To be in compliance, in every immediate 5 year period preceding review, you must have stayed 730 days. Based on what you said he has 700 days. Depending on how long ago those 700 days were, he can come, stay for a couple of months to reach 730 days, then stay abroad until the days in Canada begin to go outside the 5 year period if review.

Let me know if you need any clarification on how the calculations work.


Note: If he wants to be a PR, then best to not renounce it. People who renounce usually have no desire to be a PR of Canada. I believe this is not your situation.

If at the border he is reported, he will get the Departure Order, he will have 30 days to leave/appeal.

Given the breach of RO is only 30 days, he won't need to demonstrate a lot of H&C considerations to retain PR. The most important thing is that he should not leave Canada for extended periods. If he continues to show a lack of establishment in Canada, he may loose the appeal.

If he looses the appeal, he will have 30 days to depart Canada. In this case you can begin a new sponsorship. During the time it takes to process the application he may be eligible for a Multiple entry visitor visa, open work permit etc.

 

[Buletruck]

Before you follow rish888 advice and attempt trying to land in Canada, I'd follow up with IRCC on the PR renewal that you have already started. Seems you have already been sent a procedural fairness letter regarding the renewal, so it may be in your best interest to order tha CAIPS notes for a clearer understanding of where his renewal is as it's now more than 6 months.

 

[rish888]

Before you follow rish888 advice and attempt trying to land in Canada, I'd follow up with IRCC on the PR renewal that you have already started. Seems you have already been sent a procedural fairness letter regarding the renewal, so it may be in your best interest to order tha CAIPS notes for a clearer understanding of where his renewal is as it's now more than 6 months.

From what I understand, the OP wants an immediate way for her husband to come to Canada. While it may be possible the the PR card may come very soon, based on the OP's post, I think they are tired of waiting. My advice was in relation to the OP's wanting her husband to renounce PR. Instead of renouncing, and if one is unwilling to wait, the only options to enter Canada ASAP is POE or PRTD.