Special resons for extended PR when not meets ordinary PRO?

[JonasSwe]

Hi, my common law partner and I currently live in Sweden but plan to settle in Canada. She has PR-status (sponsored by her parents) but hasn't lived in Canada yet.

Soon three of her five years has passed. We would, if possible, like to stay one more year in Sweden, due to job situation.

Is there any opportunity to get an extended PR without meeting the three years out of five?

She has been a student in Sweden for one and a half of these three years since she got her canadian PR.

Thanks,
Jonas

 

[scylla]

It's not possible to extend the validity of the PR card.

Her only option is to move to Canada once she is ready to do so and hope she's not reported at the border for failing to meet the residency obligation (chances are she won't be). Assuming she's able to enter Canada unreported, she will then need to live in Canada for 730 days straight (without leaving) to meet RO. Once she meets RO, she can apply to renew her PR card.

The other complication you may want to consider is that until she meets RO, she won't be able to sponsor you for PR as her common law partner. In other words, assuming she plans on sponsoring you, she will have to return to Canada, live in Canada for two years, and only then will she be able to sponsor you for PR.

 

[Msafiri]

Sorry as per my initial response no dice - you get 3 years out and 2 years in...its a weak 40% requirement so CIC doesn't do extensions.

 

[JonasSwe]

Thanks scylla and Msafiri,

just wanted to be sure there´s no opportunities to get exceptions.

Kind regards,
Jonas

 

[Leon]

It is sometimes possible to get exceptions based on humane and compassionate grounds such as being the caregiver of a dying relative or similar.

Choosing to study or work putside Canada would not be considered humane and compassionate grounds.

 

[scylla]

It is sometimes possible to get exceptions based on humane and compassionate grounds such as being the caregiver of a dying relative or similar.

Choosing to study or work putside Canada would not be considered humane and compassionate grounds.

Agreed. Your common law partner's reasons for not meeting RO are life choices - not extenuating circumstances. So H&C doesn't apply.

Where H&C does apply, it's not that people are able to extend their PR cards - it's that they're allowed to renew them even though they failed to meet RO. But again, not applicable in your partner's case.

 

[JonasSwe]

Thanks both Leon and scylla.
Maybe I should start another thread, but I try here. I Have two more questions:
- The new 4 years out of 6 year-rule, does it apply for all PR? Or just the ones landed from now and on?
- Approximately how long time does it take to get the citizenship after applying?

Kind regards,
Jonas

 

[Alurra71]

Thanks both Leon and scylla.
Maybe I should start another thread, but I try here. I Have two more questions:
- The new 4 years out of 6 year-rule, does it apply for all PR? Or just the ones landed from now and on?
- Approximately how long time does it take to get the citizenship after applying?

Kind regards,
Jonas

The 4 out of 6 rule is nothing to do with PR. It is ONLY in regards to Citizenship.

Depends on which office you file in once you've become PR and are eligible for citizenship. Reading the history of this thread, nobody mentioned here qualifies for Citizenship, so at this point, your G/F would need to move back to Canada ASAP, and then after 4 years of continual living in Canada she would be eligible to apply for citizenship. After she has lodged an application it could take anywhere from 1 year up to 5 years. It really all does depend on the office and the difficulty of assessing her case.

 

[JonasSwe]

Thanks Alurra. I see about the 4 out of 6 years rule. But do all PR have to stay 4 out of 6 years in Canada to be able to apply for citizenship, or does it just apply for those landed after the new rule has been implemented?

 

[Leon]

The new rules apply to everybody who didn't apply for citizenship while the old rules were in place.

Thanks Alurra. I see about the 4 out of 6 years rule. But do all PR have to stay 4 out of 6 years in Canada to be able to apply for citizenship, or does it just apply for those landed after the new rule has been implemented?

 

[sharedknowledge]

The 4 out of 6 rule is nothing to do with PR. It is ONLY in regards to Citizenship.

Depends on which office you file in once you've become PR and are eligible for citizenship. Reading the history of this thread, nobody mentioned here qualifies for Citizenship, so at this point, your G/F would need to move back to Canada ASAP, and then after 4 years of continual living in Canada she would be eligible to apply for citizenship. After she has lodged an application it could take anywhere from 1 year up to 5 years. It really all does depend on the office and the difficulty of assessing her case.

Allura71,

Which offices are really fast in processing citizenship cases?

 

[Alurra71]

Allura71,

Which offices are really fast in processing citizenship cases?

I have no absolute idea. Just do a search on the citizenship thread and look to see who is getting their oaths faster than others. I don't think there is a comprehensive list posted anywhere, but I might be wrong about that.

 

[on-hold]

I have no absolute idea. Just do a search on the citizenship thread and look to see who is getting their oaths faster than others. I don't think there is a comprehensive list posted anywhere, but I might be wrong about that.

Plus this is going to change dramatically over the next few years -- I think that one of the reasons the Edmonton office is so slow is that it has lacked a citizenship judge for some time; the new process, which reduces the role of citizenship judges, should have a huge effect on this.

 

[JonasSwe]

The new rules apply to everybody who didn't apply for citizenship while the old rules were in place.

Many thanks!

 

[JonasSwe]

One (hopefully) last question. If getting to Canada with less than two years left on the PR and without meeting the PRO, I suppose you will not be able to work during the time you wait for a new PR?

I.e, if you have to wait six months after you PR expires to gain the complete 730 days, will you be allowed to work when you don´t have any valid PR?

What about if you need health care etc?

(I know it´s not recommended to risk the PR by entering late, but I still wonder what will happen if you do and are not reported at the border.)