spousal PRTD PR obligation not met

[Raj chandigarh]

hi everyone
Backround status:

trevelled to canada in 2013 with spouse and 2 kids

spouse went back along with kids after 40 days stay

My mother had major total knee replacement surgery in 2014 so i went back too.

came back along with my elder son canada in 2015.

My spouse and my younger kid never returned for some reasons.
Point of Interest:

want to apply for PRTD for kid and spouse living outside canada.

what is more feasible.

1. renounce of PR and apply for spousal PR
2. renounce of PR and apply for visitor visa and open work permit and PR
3. PRTD on H&T ground as my son want to come sooner he is just 10 and want to live here. and my wife could not come because she is taking care of my mother.

thanks

 

[scylla]

hi everyone
Backround status:

trevelled to canada in 2013 with spouse and 2 kids

spouse went back along with kids after 40 days stay

My mother had major total knee replacement surgery in 2014 so i went back too.

came back along with my elder son canada in 2015.

My spouse and my younger kid never returned for some reasons.
Point of Interest:

want to apply for PRTD for kid and spouse living outside canada.

what is more feasible.

1. renounce of PR and apply for spousal PR
2. renounce of PR and apply for visitor visa and open work permit and PR
3. PRTD on H&T ground as my son want to come sooner he is just 10 and want to live here. and my wife could not come because she is taking care of my mother.

thanks

1. is likely the most feasible - but I would try 2. first.

For 3. - I don't see any real H&C reasons given your mother's surgery was five years ago. Your son can apply alone under H&C based on being removed from Canada as a minor. I don't see this working for your wife. She made a choice not to return.

 

[Raj chandigarh]

1. is likely the most feasible - but I would try 2. first.

For 3. - I don't see any real H&C reasons given your mother's surgery was five years ago. Your son can apply alone under H&C based on being removed from Canada as a minor. I don't see this working for your wife. She made a choice not to return.

thanks scylla for prompt reply
though i was considering the 3 option to go with PRTC for kid and wife on H&C grounds

• • describe the extent of any hardship the loss of residency status would cause to:
    • yourself;
    • family members who would be directly affected by this decision; and
    • the best interests of any child directly affected by this decision, if this applies to you.
  Beyond reasonable doubts it was her decision to stay back with younger child. but now he( my younger son) has grown up and insisting her mother to quit her job ( which she has left recently) and take him to canada to his father and elder son. it is in the best interest of him to come here and live. moreover half of my family is here and half is in India and full family wants to unite. keeping this in mind I consider that VO could consider these points before taking any adverse decision. moreover my elder son wants his mother here to attend his graduation ceremony later this year.
  
  do you think it could work
  thanks

 

[scylla]

thanks scylla for prompt reply
though i was considering the 3 option to go with PRTC for kid and wife on H&C grounds

• • describe the extent of any hardship the loss of residency status would cause to:
    • yourself;
    • family members who would be directly affected by this decision; and
    • the best interests of any child directly affected by this decision, if this applies to you.
  Beyond reasonable doubts it was her decision to stay back with younger child. but now he( my younger son) has grown up and insisting her mother to quit her job ( which she has left recently) and take him to canada to his father and elder son. it is in the best interest of him to come here and live. moreover half of my family is here and half is in India and full family wants to unite. keeping this in mind I consider that VO could consider these points before taking any adverse decision. moreover my elder son wants his mother here to attend his graduation ceremony later this year.
  
  do you think it could work
  thanks

Based on what we've seen on this forum - no, that won't work. IRCC will expect her to prove why she was unable to return - that's what she needs to focus on.

To have a chance of being approved under H&C, your wife needs to prove that she was unable to return due to her own health issues and/or those of family members that she had to take care of. She will want to provide evidence to show the health conditions and prove family members could not take care of themselves. She will also want to show evidence that there were no other family members in the country to take care of them.

 

[scylla]

@RAJ - Sorry for intruding into your post

Hi Syclla,

I am more or less in a similar situation.
Landed in Canada Oct 2014
Stayed here until Dec 2014 but had to return back immediately as my father was critically ill with heart complications and was in and out of the hospital and passed away in March 2017
Since my mother was alone and me being the only child I had to be with them to support them emotionally and financially so couldn't return back until Sept 2018 .
Got married in Feb 2018 and have applied for spousal PR in Feb 2019 on humanitarian grounds explaining the situation in detail and with supporting documents as in doctor and death certificate of my father.
I have received the AOR1 on March 18 but nothing after that.
My PR card expires Oct 2019 but i dont plan to travel or renew my card until the end of 2020 to meet the RO.
Do I need to do something more to make sure they consider my application on H&C grounds. Please advise if you can as I am too stressed and anxious about all of this.

Thank you

As a PR, you cannot apply to sponsor your spouse while living outside of Canada. It's impossible. I would very strongly recommend you withdraw the spousal sponsorship application immediately. It has no chances of succeeding and may harm your current situation.

Once you are ready to return to Canada, you will need to apply for a PRTD with H&C considerations, listing the reasons why you were unable to meet RO (i.e. your father being ill, having to take care of your mother). Make sure you provide evidence to support what you are saying.

 

[shettyhemant]

As a PR, you cannot apply to sponsor your spouse while living outside of Canada. It's impossible. I would very strongly recommend you withdraw the spousal sponsorship application immediately. It has no chances of succeeding and may harm your current situation.

Once you are ready to return to Canada, you will need to apply for a PRTD with H&C considerations, listing the reasons why you were unable to meet RO (i.e. your father being ill, having to take care of your mother). Make sure you provide evidence to support what you are saying.

Hey,

I am sorry if i was not very clear in my previous post. I am currently in Canada since Sept 2018 and working full time from Oct 2018.

Thanks

 

[scylla]

Hey,

I am sorry if i was not very clear in my previous post. I am currently in Canada since Sept 2018 and working full time from Oct 2018.

Thanks

Thanks for clarifying.

What you have done is extremely risky. It's going to trigger a review of your PR status and IRCC will see you don't meet the residency requirement. You can expect that IRCC is going to refuse the sponsorship application and then start the process to revoke your PR status. You will have to argue to keep your PR status under H&C grounds.

You should have waited until 2020 to sponsor your spouse (once you met the residency requirement).

 

[jddd]

Based on what we've seen on this forum - no, that won't work. IRCC will expect her to prove why she was unable to return - that's what she needs to focus on.

To have a chance of being approved under H&C, your wife needs to prove that she was unable to return due to her own health issues and/or those of family members that she had to take care of. She will want to provide evidence to show the health conditions and prove family members could not take care of themselves. She will also want to show evidence that there were no other family members in the country to take care of them.

Just to add, in regards to the H&C consideration for the younger child, note that the officer who will review the PRTD application will be able to see that you have 2 children and only 1 is not meeting RO (meaning both children could have come back to Canada as they are under no obligation to care for the sick elderly, if any). Best interest of said younger child may also not work because the child has been fine living in your home country for 6 years. Just some things to note in terms of what you need to address if you do proceed with an application for PRTD for them. Good luck!