Strategy advise: Minimize time apart with wife

[Yose]

Hi All,

I am a PR with valid PR card until August 2019. I am in breach of RO and outside Canada but has decided to settle in Canada permanently. Basing on the numerous threads here, I have come up with a strategy that aims to achieve two objectives:
1. Settle in Canada soonest possible time
2. Minimize time apart from (future) wife. (Wife is not PR but with valid tourist visa until 2020)

The first approach that comes to mind is take my chances entering Canada ASAP, spend two years to comply with RO, and sponsor my wife. But this is the worst approach for objective 2.

Next would be, to again take my chances entering canada, wife comes with me on tourist visa for six months, while her application is in process for express entry, hoping to get her ITA and visa within six months. However, we tried to check CRS score and she has lower score than the average cutoff. So her chances gettint ITA are not that good.

The next and I think also as safest (but misses out on objective 1), is to renounce my PR status and apply through express entry with me as principal. This way, we also have clean slate and can come back to origin country for any emergencies. But I learned here that renouncing should be last resort.

The strategy that I am thinking of doing is a combination of the above:
1. Take my chances entering Canada (thru YYZ, busy day, etc) with my wife as visitor, with MY express entry profile already applied in the pool.
2. If fortunate to get ITA, it is only then I will renounce my PR (go outside Canada) and submit my ITA documents. Hopefully in less than 3 months after getting ITA I can come back as PR together my wife and a fresh RO allowance.

My questions would be around:
1. Are there any rules being broken by having a valid PR status and express entry at the same time? Will the Canadian govt detect this? I do not intend to game the system or worse break any laws. I just want to achieve the two objectives above.
2. To the seniors in this forum, would you agree that this is the best approach in the context of my two objectives? If not, appreciate to hear your thoughts.
2. Minor question, what will happen to my SIN? Will it remain or do I have to apply for new one?

Thank you.

 

[scylla]

One issue I see is whether you'll have time to renounce your PR status between the time you receive ITA and have to submit your application. Renouncement doesn't happen in a day and seems to take a while to register. So you would probably have to leave Canada and renounce the minute you get ETA and then wait 60-80 days to submit your application just to be safe the renouncement has been processed.

Also, I don't know if you can actually receive ITA while you are still a permanent resident. Not sure how CIC will look at this. You must qualify for immigration at the time you receive ITA. However you won't - since you'll still be a PR. It's possible this may result in a refused application or I suppose they may even call this misrepresentation (although I think that's unlikely). In other words, CIC may say your ITA wasn't actually valid since it was received while you were still a PR and therefore you didn't qualify. So you may end up waiting for the application to be processed only to have it refused. Don't know what will happen - don't think we've seen this scenario before. I think you'll be rolling a dice on that front and it may end in refusal.

If you have sufficient points under EE, best option is to renounce now, enter the pool, and go through the application process from outside of Canada.

 

[Yose]

Thanks @scylla! Clearly I have not considered that angle and indeed very valid. I just so happen to come across a thread here that the OP already has ITA and still not renounced.

Thanks again!

 

[scylla]

Thanks @scylla! Clearly I have not considered that angle and indeed very valid. I just so happen to come across a thread here that the OP already has ITA and still not renounced.

Thanks again!

Has their application been approved and the PR visa issued? It's not the ITA that would be the potential issue - it's the application being approved. If that person not only received ITA but was also had their application approved and PR visa issued - then you're good. Otherwise - still a dice roll.

 

[rish888]

Hi All,

I am a PR with valid PR card until August 2019. I am in breach of RO and outside Canada but has decided to settle in Canada permanently. Basing on the numerous threads here, I have come up with a strategy that aims to achieve two objectives:
1. Settle in Canada soonest possible time
2. Minimize time apart from (future) wife. (Wife is not PR but with valid tourist visa until 2020)

The first approach that comes to mind is take my chances entering Canada ASAP, spend two years to comply with RO, and sponsor my wife. But this is the worst approach for objective 2.

Next would be, to again take my chances entering canada, wife comes with me on tourist visa for six months, while her application is in process for express entry, hoping to get her ITA and visa within six months. However, we tried to check CRS score and she has lower score than the average cutoff. So her chances gettint ITA are not that good.

The next and I think also as safest (but misses out on objective 1), is to renounce my PR status and apply through express entry with me as principal. This way, we also have clean slate and can come back to origin country for any emergencies. But I learned here that renouncing should be last resort.

The strategy that I am thinking of doing is a combination of the above:
1. Take my chances entering Canada (thru YYZ, busy day, etc) with my wife as visitor, with MY express entry profile already applied in the pool.
2. If fortunate to get ITA, it is only then I will renounce my PR (go outside Canada) and submit my ITA documents. Hopefully in less than 3 months after getting ITA I can come back as PR together my wife and a fresh RO allowance.

My questions would be around:
1. Are there any rules being broken by having a valid PR status and express entry at the same time? Will the Canadian govt detect this? I do not intend to game the system or worse break any laws. I just want to achieve the two objectives above.
2. To the seniors in this forum, would you agree that this is the best approach in the context of my two objectives? If not, appreciate to hear your thoughts.
2. Minor question, what will happen to my SIN? Will it remain or do I have to apply for new one?

Thank you.

I second @scylla's recommendation.

How many CRS points do you have? Assuming you have 500+ which means you are likely to get picked in the first few goes after you complete your profile, then renouncing and starting fresh may be your best bet. Both you and your wife would be PR's, you would no longer have the residency obligation issue etc.

They also process it much faster now, I believe it's around 6 months.

I'm assuming you and your wife will pass the medicals/statutory requirements with ease.

If so, getting a fresh PR may be your best bet to keep you two together.