Suitable time to request PR renewal

[kiwi1959]

Hello

My family and I , landed on Dec 2008 but we all left Ontario couple of weeks later.
Our PRs expire on Dec 2013 (one year from now).
This symmer My wife and Childs settled down for good in Ontario without questioning at the entry point. Smooth and discrete entry.
I spend 4 weeks with them to get them well established this summer and unfortunately I had to leave again because lack of job, also to continue supporting them financially from outside Canada.

At the end of the 5 years, they will only be able to prove 17 months of stay in Canada out of the 24 required ! ( i.e 730 days rule)

Q1:When my wife and Childs should apply for their PR renewal ? Few days only before expiry ?

Q2: Same question for me if I have to build a case and justify my stay outside Canada because of Job opportunity and
financial support to my Family, I'll say to the juge that I am ready now to move to Canada if my PR get renewed.
Remark: I am not counting on my spouse sponsorship scenario since she does basic part time jobs and I am the one supporting her financially. So this scenario won't work if I loose my PR.

Please advise
Thanks

 

[Msafiri]

1. Don't apply for PR Card renewal until you have 730 days of physical presence. You don't need a valid PR Card while residing in Canada unless you intend to travel. In practical terms thought this may be required when you have to provide proof of status in Canada e.g. obtaining a DL or a SIN card. In such cases submit your COPR.

2. Working outside Canada unless in specified categories e.g. federal government has consistently been ignored as a valid reason for being absent from Canada in court decisions during PR appeals - afterall its your personal choice to not live in Canada when working abroad.

3. As the rules stand you may sponsor a spouse unless you or on social assistance. There are additonal disqualifying criteria such as owing child support etc but this doesn't seem to be an issue here.

 

[Leon]

1: They should under no circumstances apply to renew their PR cards until they have 730 days in the past 5 years. Their PR cards will expire and they will not be able to travel but in order to live in Canada, you do not need a PR card and there is no law that says you do. You do not lose your PR status for letting it expire. They will be fine. Once they have 730 days, they meet the residency requirements and can not be denied. Keep in mind that they must have the 730 days in the 5 years previous to applying for the PR card renewal. They can not count days they stayed right away after landing if that is more than 5 years ago at that point.

2: You can not expect to keep your PR based on staying outside because of a job unless you were hired in Canada by a Canadian employer and transferred to a full time position outside Canada. Otherwise, it was your choice to stay outside for work while you could have been looking for a job in Canada. They don't really care if you are ready to move to Canada at that point when their requirement is that you should have been living in Canada for 2 years already at that point. Besides, why would they believe that you are finally ready to move after 5 years when you were not ready for the first 5 years?

Your wife can sponsor you for PR again if you lose yours as long as she is living in Canada and is still a PR and meets her residency obligation, is not in active bankruptcy and not on welfare. Immigration does not require specific income to sponsor a spouse.

 

[st100281]

.... i am in the same boat as you are in .... family is there in ON and will complete their PR requirements ... yet i m out of Canada for job .... now wondering , what they will do with me on next entry .... you may need to discuss the process of inadmissibility hearing in ID and appeal in IAD.


my e mail is teenu1972@gmail.com