Sponsorship, residency obligation and employment

[Raquib]

Hi Guys

I have a bit of a situation here and before I go talk to a lawyer wanted to pick your brains.

Me and my wife landed as PR on 14 April 2010. We stayed for a few weeks and we left back to UK where my wife was studying and I was working. We always planned to come to Canada permanently at the end of 2012. In February 2012, we had our baby daughter in UK. We never verified what the process was to bring our child and thought as PR it shouldn't be a problem. When we actually looked at the process we realised what a big mistake we made not checking earlier and having the baby in Canada. Anyways we got advised from this very site about TRP, thank you for that. We applied for TRP for our daughter in London UK and got the permit. Then my daughter travelled to Canada but we decided in a few weeks for my wife and daughter to leave due to uncertainty of getting my daughters immigration status sorted and her medical situation. We decided they will go back to Bangladesh and I stayed back and applied to sponsor her. I am part time studying and part time working. Since then I have applied for her sponsorship and waiting. And I would have 2-3 extra days for my PR requirements to be fulfilled on 14 April 2015.

Now my problem is I have to travel for work to USA and India. These are business trips; not permanent posting. And if I go it would definitely put me in trouble regarding my residency requirement. Considering my sponsorship application I'm a bit worried to take any risk. But if I want to remain in this post I have to travel. I don't want to jeopardise my sponsorship application though. It's tough as it is staying away from my family. So if you can advise me if anything I can do or get any documents from my employers or anything that would help or I just shouldn't risk it and quit my job that would be much appreciated.

Regards

Raquib

 

[Msafiri]

1. To give you any useful advice you need to give us how many days of physical presence in Canada you have since landing.

2. The consistent observation on this forum is that those who breach the RO and leave themselves little or no room for leaving Canada end up choosing between their job and their PR.

3. Ask yourself the question - if I lose my PR (under report for breaching the RO) will my employer for whom I sacrificed my status help me out or will they move onto the next PR. Hint...there will always be another job....!!

 

[Raquib]

Thanks for replying.

As of 11 April 2014 I have 363 days physical presence. My landing date again is 14 April 2010. So if I don't leave Canada, I should have exactly 730 days on 13 April 2015.

Regards

Raquib

 

[canuck_in_uk]

You really should not risk it. When you re-enter Canada, if a border officer suspects that you don't meet the RO, you could be reported. Or during the course of processing the sponsorship app, CIC may request proof that you meet the RO, especially since you are so close to the cut-off. If CIC determines that you don't meet the RO, you will lose your PR status. Needless to say, that will cancel your child's sponsorship app.

Also, keep in mind that your wife will not be able to meet the RO when she comes to Canada.

 

[Hasher]

Hi Guys

I have a bit of a situation here and before I go talk to a lawyer wanted to pick your brains.

Me and my wife landed as PR on 14 April 2010. And I would have 2-3 extra days for my PR requirements to be fulfilled on 14 April 2015.

Now my problem is I have to travel for work to USA and India. These are business trips; not permanent posting. Considering my sponsorship application I'm a bit worried to take any risk. But if I want to remain in this post I have to travel. I don't want to jeopardise my sponsorship application though. It's tough as it is staying away from my family. So if you can advise me if anything I can do or get any documents from my employers or anything that would help or I just shouldn't risk it and quit my job that would be much appreciated.

Regards

Raquib

Raquib

I don't want to scare you but by sponsoring your child before bringing your RO in good standing can put you in trouble, you have enough time for first five years though. Other than that losing a job is better than loosing/ risking your PR, lost of PR means lost of job anyway.

regards

 

[Msafiri]

Thanks for replying.

As of 11 April 2014 I have 363 days physical presence. My landing date again is 14 April 2010. So if I don't leave Canada, I should have exactly 730 days on 13 April 2015.

Regards

Raquib

1 .To maintain the RO you need 730 days as at 14 April 2015. Your 1 day buffer doesn't give you the room to travel and not breach the RO. It may even lead to extra scrutiny on your sponsorship. What happens if you lose or damage your PR card when in the US, Bangladesh etc and have to apply for a TD and the visa officer bounces your PRTD?

2. Your family should have remained in Canada and you could have applied for outland sponsorship as you are now or inland under H&C grounds. Depending on the province in question and or point of sponsorship your daughter could have got provincial health coverage. You have now impacted on your spouses RO. Had she remained in Canada it would have been a factor to consider in the risks you are taking as she could have sponsored you if at any time the bovine waste product hit the rotating air mover and you were reported for breaching the RO.

3. See the same number point on my initial thread...just how expendable do you think you are?