Annelyn said:
Hello all,
Any valid opinion appreciated - I am confused which path to take - short form below to save time
I am - Canadian Permanent Resident, reside and work in Canada (in my 3rd year now) - this forum helped me lots to get my PR
My husband - German citizen (pensioner) we have been married 30 years
My husband is already short of days for his RO obligations here and cannot stay two years here at the moment - he will more than likely get reported next time he comes in.
Therefore:
a) Do we cancel his PR and I start a Spousal application (is that the best thing to do to get it right again and give us a bit of time for him to get here permanently (outland application from Vienna fastest I think)
b) IF we wait until he comes in again - he will more than likely be reported for not enough days - will this go AGAINST a spousal application at that time?
Wait and see OR be honest and cancel and do spousal application?
We have no great excuse - just life being what it is - he is 70 and just never got here yet, just up and down to visit me - age makes him scared of a new life in a new country but he has learnt now to love Canada and it's people so finally we are both on track wanting to stay here - it's been stressfull but one must be positive going forward.........any advice appreciated.
Thanks and success to you all
To maintain PR status a person must have been in Canada for a total of 730 days in the last 5 year period. Unless his PR card is expired nothing will prevent him to come back to Canada using it, even if he has not met his residency obligation.
The tricky part will be when he needs to renew his PR card as he will need to prove that he has met the residency requirement.
As a German citizen, he does not need a visa to come to Canada and his passport alone will allow him to come see you for the time allowed as a visitor, but not to stay longer than the maximum time allowed for visitors, in the best case scenario.
Former PR's may have a hard time proving that they will not over stay in Canada and his age and that he is married to a resident of Canada might complicate things upon entry if he is sent to secondary inspection.
If his card expires and he has not met his obligation and inspection upon entry is not a concern, he can come as a visitor and then you can file inland for PR again and he can stay (and must stay) until the process is complete. However, a PR application for a person whose PR status has not been taken away or if that person has not officially relinquished his/her PR status will probably be returned by CIC if they are able to determine he is a current PR (although it would be very interesting if they actually process the application and approve it if he is still a PR, right?).
Please remember that sponsoring him again is not possible unless 5 years have passed since the time he became a PR (the rule applies even if the new spouse is the same as the previous one).
Also, there is a cohabitation rule that requires new PR's to live with their spouse for 2 consecutive years following the moment they acquired PR status, so he will need to stay in Canada for 2 years after he lands (no more staying away for longer than a reasonable period of time). This is called the Conditional PR status and if this requirement is not met, his PR status will be taken away.
I hope this helps.