Sponsor spouse who once had PR but just didn't satisfy RO

[ustocanada49]

Hi,
Can a PR holder sponsor a spouse who has a PR but just didn't satisfy RO and never lived in Canada. ? Asking based on assumption that she won't be allowed to enter due to RO issue even though husband is valid PR holder that is satisfying RO.

If yes, or needed, does she have to renounce it before a new PR can be applied?

Thanks very much I'm advance for answering guys

 

[scylla]

Hi,
Can a PR holder sponsor a spouse who has a PR but just didn't satisfy RO and never lived in Canada. ? Asking based on assumption that she won't be allowed to enter due to RO issue even though husband is valid PR holder that is satisfying RO.

If yes, or needed, does she have to renounce it before a new PR can be applied?

Thanks very much I'm advance for answering guys

Sponsorship is certainly possible. Yes, the spouse must renounce PR before they can be sponsored.

 

[ustocanada49]

Sponsorship is certainly possible. Yes, the spouse must renounce PR before they can be sponsored.

Thanks very much for the info scylla

 

[Ponga]

Hi,
Can a PR holder sponsor a spouse who has a PR but just didn't satisfy RO and never lived in Canada. ? Asking based on assumption that she won't be allowed to enter due to RO issue even though husband is valid PR holder that is satisfying RO.

If yes, or needed, does she have to renounce it before a new PR can be applied?

Thanks very much I'm advance for answering guys

Realize this is a post from a few months ago, but...

A PR cannot be denied entry into Canada, even if the CBSA officer suspects (or even determines) that the PR has not met the R.O., they will be allowed entry, unless they are otherwise deemed to be inadmissible (i.e. criminality). However, if the PR requires a PRTD (travel doc) to return to Canada via a commercial carrier...it would likely be denied by IRCC. Only way to then enter Canada, would be to travel to the U.S. and cross a land border either in a private vehicle, or by foot.

The officer can certainly create a 44(1) report (noting failure of meeting R.O.) but even then, there would be a hearing at a later date, where the PR could plead their case. If denied, the PR would lose PR status.

Depending on how severe the failure to meet R.O. is, renouncing PR may be the `cleanest' option, since even if the PR returns to Canada, without having a valid PR card, it may be difficult to `live' for the next two years, to then be in R.O. compliance to apply for a new card. A valid PR card is usually needed for things like provincial health coverage, a DL, etc.