Retain PR Status or Reapply?

[cfabian]

Hello there,
I have a case that would like your input about:

This year our PR expires (mine this month and my wife's in november). We do not meet the days requirement; however, we are extremely interested in moving to Canada for good in the summer of 2012, and are thinking on retaining our PR if possible or reapplying.

It would be great if we can retain our PR status instead of reapplying, and my wife’s work is probably the only option we have. This is the story:

She's been working since 2007 for a Canadian partnership that represents some business in our country. It is true my wife’s work has been crucial to the success of the business; However, although she works for that Canadian partnership, her income is not payroll, but a commission scheme, and she does not file taxes in Canada. These are some considerations:

- She can get letters from the business she represents indicating she’s been a key person for the business
- She has a signed contract with the agency which comprehends her starting year (2007) we can proof. It states her income is a commission scheme.
- She has the emailing history with the Canadian counterparts since then, another proof she's been really working
- The Canadian agency she works for is a partnership, so the partners file taxes individually and not as a company
- She does not file taxes in Canada

I wonder what your opinion is about the possibility of retaining our PR status, and what would be the avenue to start the process?

Thanks a lot for your help.

Best regards,

 

[Leon]

There is no magic date in your PR card expiry. It does not affect your status at all. The only thing a valid PR card does it make it easier for you to get into Canada, especially when you may not meet the residency requirements.

You can not apply to renew your PR cards unless you are in Canada. If you want to move in 2012, you would try to apply for PR travel documents at the Canadian embassy in your area. You would give all your wifes reasons like having a Canadian employer etc. If you are refused, you can appeal.

 

[cfabian]

Thank you Leon,

Those dates given were taken from the PR cards. They have expiry date. Moreover, twe did our landing in April 2006, so it is now when the 5 yrs take place.

Now, before our landing, we were living in Canada for 2.5 yrs (2002-2004) under postgraduate student visa. Not sure if that time helps.

As we plan to move in summer 2012, I wonder if a TD expires as well? so it is not feasible to apply for it now as it will be in a year when plan to use it.

To renew our PR card, we need to be IN Canada for 2 yrs after? How to sponsor our 2 children with our current scenario in order to go back?

Cheers

 

[Leon]

I know they have an expiry date but I am telling you that the expiry date of the card has no bearing on your PR status. You do not lose your PR just because the card expires. If you lose it, you lose it because you did not meet the residency requirements.

If you plan to move to Canada now while your card is still valid, a travel document is not for you. A travel document is only for PR's outside Canada with expired cards or who have lost their cards. If you do not want to go to Canada before your card expires, you will need a travel document, that is unless you are visa exempt to go to Canada in which case you could go with your landing papers and expired card.

At the time you apply for a travel document or show up in Canada with your expired card, they will examine your residency requirements based on the previous 5 years only. Time in Canada before that period will not help.

Having children who are not PR will further complicate things. If they are visa exempt, you could take them to Canada with you and sponsor them from inside although if you are under examination for meeting your residency requirements, that may interfere with the sponsorship of your children. If they are not visa exempt, you could talk to the embassy about applying for a TRV or TRP for them to come with you to Canada, of course depending on that you will get your travel document.

If you do win an appeal to keep your PR status, you may apply right away to renew your PR cards based on that but if you get into Canada somehow without facing an examination, it would be safer to wait 2 years before applying to renew.

 

[cfabian]

Again, thanks a lot Leon,

Just curious... are you immigration lawyer or how you know so much about the topic?

Do you think the following scenario would be possible?

1- First sponsor our kids from outside Canada. Probably prooving my wife works for a canadian company with her contract and company letter.
2- After the kids approval, issue my wife's and my travel document

For your record, our country is now required to have visa to enter Canada.

As an additional question, is it hard to get travel documents? Namely with our scenario?

Thanks a lot for your invaluable help

 

[Leon]

1. As a PR, you are not allowed to sponsor from outside Canada. A Canadian citizen can sponsor a spouse or dependent children from outside Canada but a PR can not.

2. I am assuming now that you and your kids are not visa exempt. In that case, you can apply for both of your travel documents at the same time you talk with the embassy about getting a TRV or a TRP for your kids to come with you. If your requests are accepted, you can all go to Canada and then you can sponsor your kids.

 

[cfabian]

1. As a PR, you are not allowed to sponsor from outside Canada. A Canadian citizen can sponsor a spouse or dependent children from outside Canada but a PR can not.

2. I am assuming now that you and your kids are not visa exempt. In that case, you can apply for both of your travel documents at the same time you talk with the embassy about getting a TRV or a TRP for your kids to come with you. If your requests are accepted, you can all go to Canada and then you can sponsor your kids.

Understood Leon,

In order to apply for the travel document, we first need to have our PR Cards expired correct? It will be until november 2011 when my wife's expires, and mine expires in a week.

If moving with a TRV for the kids, how would it be possible to get them a school and services? I asume the sponsorship from within could take a while.

Cheers

 

[Leon]

Right, you wouldn't normally apply for a travel document if you have a valid PR card.

TRV's are actually often refused for kids of PR's because the intention is not to bring them over temporarily but in some cases you can get a TRP, usually reserved for people inadmissible to Canada but ask the embassy. It is also possible that you can't get either. This has happened to some people. If that happens, one of you would have to go ahead to Canada and start sponsorship of the kids and the other would have to wait with the kids.

If you bring the kids over on a TRP and are PR's and in the process of sponsoring them, I don't think there would be any problem enrolling them in school but health care might be a problem depending on the province.