Sponsoring a spouse who has lost PR due to residency

[frege]

Hello, I am asking this question in connection with Abudhabian's situation, which he describes here: http://www.canadavisa.com/canada-immigration-discussion-board/urgent-sponsoring-kids-with-trp-inside-canada-to-become-pr-t438736.0.html

What would happen in the following circumstances?

A and B are husband and wife. They're both PRs. They have several children and have lived together for many years, so there is no doubt about the genuineness of their relationship. They are about to fall foul of their residency obligation. A moves back to Canada to save his PR, but for financial reasons B continues to work abroad for a period of time.

If B falls out of compliance with her residency obligation, what would the likely consequence be when she attempts to re-enter Canada (or applies for a travel document)? If she was stripped of her PR, and A sponsored her back, would her PR application be treated any differently than a normal one? Would CIC even bother stripping her of her PR in that case, given the eventual outcome?

 

[Rob_TO]

If B falls out of compliance with her residency obligation, what would the likely consequence be when she attempts to re-enter Canada (or applies for a travel document)? If she was stripped of her PR, and A sponsored her back, would her PR application be treated any differently than a normal one? Would CIC even bother stripping her of her PR in that case, given the eventual outcome?

Yes CIC would revoke B's PR status if their RO comes to light (unless there was an actual H&C reason), and would expect that when B is ready to return to Canada permanently A would simply sponsor them again. There should be no impact on the new sponsorship due to previous RO violation, it would still be processed just like any other family class app.

If RO is discovered and reported, may actually be easier to just accept it and apply for PR from scratch again, vs wasting years in the appeals process only to most likely lose in the end anyways.

 

[frege]

Yes CIC would revoke B's PR status if their RO comes to light (unless there was an actual H&C reason), and would expect that when B is ready to return to Canada permanently A would simply sponsor them again. There should be no impact on the new sponsorship due to previous RO violation, it would still be processed just like any other family class app.

If RO is discovered and reported, may actually be easier to just accept it and apply for PR from scratch again, vs wasting years in the appeals process only to most likely lose in the end anyways.

Okay, thanks for your answer. I thought maybe somebody at CIC might think that it would be a waste of time to pursue a case like that where the person has a direct route back into Canada.

 

[Rob_TO]

Okay, thanks for your answer. I thought maybe somebody at CIC might think that it would be a waste of time to pursue a case like that where the person has a direct route back into Canada.

There was a recent thread on this exact topic with actual reference cases: http://www.canadavisa.com/canada-immigration-discussion-board/hc-waiver-of-pr-ro-breach-for-pr-abroad-due-to-personal-employment-choice-t431411.0.html;msg5305809#msg5305809

 

[frege]

There was a recent thread on this exact topic with actual reference cases: http://www.canadavisa.com/canada-immigration-discussion-board/hc-waiver-of-pr-ro-breach-for-pr-abroad-due-to-personal-employment-choice-t431411.0.html;msg5305809#msg5305809

Thanks. That's a very interesting discussion.

 

[abudhabian]

thx a lot Fregi and Rob for ur valuable inputs.

what about the best interests of a child, if wife goes back to UAE for work while kids also wait for TRP then they all come back once PR for kids is ready but wife at that point wont be able to meet the 2 years out of 5 years residency, so would cic give her a chance since she is accompanying kids who recently got their PR and need their mother in Canada.

kids age now is 1 year and 2.5 years.

thx

 

[frege]

thx a lot Fregi and Rob for ur valuable inputs.

what about the best interests of a child, if wife goes back to UAE for work while kids also wait for TRP then they all come back once PR for kids is ready but wife at that point wont be able to meet the 2 years out of 5 years residency, so would cic give her a chance since she is accompanying kids who recently got their PR and need their mother in Canada.

kids age now is 1 year and 2.5 years.

thx

Possibly, but it might take you longer to appeal a negative decision by CIC than it would to sponsor her to Canada. It seems that in that case it would be quite difficult for CIC to reject the sponsorship application. The only problem imaginable really would be criminality (which isn't going to happen, of course), or if you had to go on welfare because of a disability, for example.

The best chance would be for her to try at a land border crossing rather than by applying for a PR travel document. If that didn't work you'd need to talk to a lawyer to see if it was worth appealing rather than just sponsoring her.

 

[abudhabian]

her PR card would expire in 2018, i guess the kids PR will take around a year from now, so wife PR card is still valid but if she waits in UAE till kids get PR she would definitely exceed her RO.

 

[frege]

her PR card would expire in 2018, i guess the kids PR will take around a year from now, so wife PR card is still valid but if she waits in UAE till kids get PR she would definitely exceed her RO.

It depends what questions she's asked at the border. Once she's been out of the country for three years, she risks losing her permanent residence. Having a valid PR card doesn't mean she can't lose her PR. It just makes her a little bit less likely to have to answer questions when she crosses the border.

 

[abudhabian]

Thx a milion frege .....if u dont mind can take a look at my other thread regarding filing some confusing forms

http://www.canadavisa.com/canada-immigration-discussion-board/imm008-q3-how-many-family-members-in-this-application-confusing-q-t438829.0.html