Residency Obligation

[sureshraina]

Hi,

I need advise on my residency obligation. After getting my PR I was back in my country. Meantime, I could not come back to Canada because of my pregnancy and later as my baby was not PR being born in my native country. My spouse returned to Canada and sponsored our child and ultimately, I returned to Canada, but I was strongly warned at POE as I had not met residency obligation, and was told to stay here for next 2 years.

Now, I want to return back home just for short while as my mother is critically ill, and I would like to go there for visit with my child. Now as I thinking of this option, I am worried what will happen if I go back home again leaving Canada. Is there a way out, I can meet any immigration officer and explain my situation? If I go to immigration officer, I fear of opening my own case again.

Secondly, If I leave, my PR will expire in December 2013,, so even if I dont return in month or two, Can my spouse sponsor me again and can my application be approved again (even though this will take 18-24 months time) for PR and can I return back to Canada after 2 years?

I need your advice. Please help.

 

[ldumitriu]

I really don't know if a person can be sponsored twice, but I think it's very unlikely.
And even if you can re submit an application you probably won't have very good chances of being approved seeing as you didn't meet the residency obligations the first time around.

I think you need input from some of the expert members.

 

[scylla]

I really don't know if a person can be sponsored twice, but I think it's very unlikely.
And even if you can re submit an application you probably won't have very good chances of being approved seeing as you didn't meet the residency obligations the first time around.

Someone can certainly be sponsored a second time through family class. The fact they didn't meet residency obligations the first time around will have no impact on the application.

 

[Fencesitter]

Do you really want to go through the hassle of sponsoring again?

I think most get the shivers when the landing interview is finished and the PR card is in hand.

FS

 

[sheik]

you can travel to another place , for sure they will asked for the reason when you return and it should be reasonable, since your pr has not expired they cant prevent you fron entering Canada, but they will assess you later on and see if you are credible. there is certainly potential risk of deportation , but i thik you have sufficient proof for that such as your kid and husband still staying in canada. i think you will have to asked a lawyer about that matter before taking any step.

 

[laomiao]

I am in a similar situation. The difference is that I have a few days over the minimum. I was also warned by the officer at the airport when I returned from a business trip. My mom passed away a few months back and for the fear of losing PR (and i'm still sponsoring my own family) I didn't go back and it was great pain. I think for humanity reasons the days of leaving the country should not be counted, but the problem is we don't know how to make sure the CIC and the officers at the airport understand the situation.

 

[laomiao]

you can travel to another place , for sure they will asked for the reason when you return and it should be reasonable, since your pr has not expired they cant prevent you fron entering Canada, but they will assess you later on and see if you are credible. there is certainly potential risk of deportation , but i thik you have sufficient proof for that such as your kid and husband still staying in canada. i think you will have to asked a lawyer about that matter before taking any step.

If she was warned last time, they probably have put a mark on her file. so the officer will most likely check the obligation again instead of just checking the PR card.

 

[mameelynn]

I think you might be able to if your sponsor is a Canadian and is with you because it says that residing with a Canadian spouse who is your sponsor counts for PR status but not for the citizenship test.