Wife's big problem on her PR card

[metaopsis]

Hi Everyone!

I am writing on behalf of my wife who at this point in time is so depressed and worried.

Here's the situation. My wife holds a PR card which will expire next month. We are now here in Canada to renew her PR. Prior to our marriage, my wife was religiously coming to Canada pay her taxes until the time she sets up her own company in 2008, she didn't visit Canada.

To be honest, my wife didn't have any plans to renew her PR card because marrying was not part of her plan until we got married. I have known her for more than 15 years already! I didn't even know that she is a PR of Canada until she told me. We discussed the matter thoroughly about her PR status and we came into consensus that we will move to Canada and start our new life here, sell our assets and put up our own business here.

By the way, I forgot to tell you that we are here now and just arrived yesterday to renew her PR card. Upon arrival, we were asked by the immigration officer to go to the second screening and there my wife was told that she will lose her PR card which will expire next month.

What shall we do? Is her busyness in her because could be an excuse for not religiously coming to Canada as stated in the rules and regulation? Is the Canadian government really that strict and legalistic that one has to follow to the letter the R&R in having a Canadian PR card.

We plan to go to the immigration tomorrow to renew her PR card. What is the chance of renewing her PR card. Will she have a chance to renew her PR card? I told her that we will be honest. The reason why she wants to renew her PR card is to start our life together here in Canada.

I will appreciate feedback from the other members of this forum. Thank you so much! GOD bless

Cheers!

 

[scylla]

What's your status? Are you a Canadian citizen?

Yes - the Canadian government is strict about the rules for retaining PR status.

 

[metaopsis]

Hi Scylla!

Thank you so much for your prompt reply. I am neither a Canadian citizen nor a PR. I just accompanied my wife here hoping that she can renew her PR. Her PR card will expire on August 1. What do you think shall we do?

Actually, she plans to go to the immigration today and ask for appeal on her PR status by telling her what really went in her life. But if her appeal is denied, then we have to leave Canada immediately on or before Aug. 1. :-(

 

[Alabaman]

If your wife really wants to keep her PR, then what she has to do is not to go to immigration today but stay in Canada for 730 days (2 years). At the point of entry, what did the Immigration Officer tell you? Did he report you? The only other way you can renew is if you have H&C case which I dont think you have.

 

[scylla]

I agree. If your wife wasn't reported by the immigration officer, then the best option is for your wife to remain in Canada until she has accumulated 730 days of living in Canada over the last 5 years and then apply to renew her PR card. She should not leave Canada again until she has accumulated the 730 days.

 

[metaopsis]

Thanks a lot again, Scylla.

I am not sure whether the immigration officer reported her case or not. But I would safely assume he made a report because it took us sometime before we were allowed to exit. During that time, it looks like the immigration officer was encoding some information about her case.

My dilemma is this. Since her PR card will expire on August 1 and you are telling me that the only way to keep her PR card is to stay for 730 days. Does that mean that from this time onwards, she will stay here in Canada even if her PR card gets expired on August 1. Would it not pose more problem with her for overstaying? Please forgive my ignorance.

But thanks a lot for the valued information you shared. It somehow provides us with the light at the end of the tunnel.

 

[benk]

Hi all,

I have a question -- how can one know whether he/she has been reported or not upon entry to Canada? Will the immigration officer explicitly mention it to you as you enter Canada or will you be surprised one day in the future that you are reported?

metaopsis,

So if you are not reported, please tell your wife to just stay put and accumulate 730 days before attempting to renew her PR card. By the way, did you fly into or drive to Canada? Which airport or border crossing was it?

 

[scylla]

Thanks a lot again, Scylla.

I am not sure whether the immigration officer reported her case or not. But I would safely assume he made a report because it took us sometime before we were allowed to exit. During that time, it looks like the immigration officer was encoding some information about her case.

My dilemma is this. Since her PR card will expire on August 1 and you are telling me that the only way to keep her PR card is to stay for 730 days. Does that mean that from this time onwards, she will stay here in Canada even if her PR card gets expired on August 1. Would it not pose more problem with her for overstaying? Please forgive my ignorance.

But thanks a lot for the valued information you shared. It somehow provides us with the light at the end of the tunnel.

No - this won't be overstaying. She will still be a PR even if her card has expired. However it's very very important that she not leave the country even for one day (even for an emergency) until she has accummulated the 730 days in Canada and has applied to renew her card.

 

[scylla]

metaopsis -

One more thing... She should definitely not sponsor you until she has renewed her PR card.

 

[metaopsis]

Thank you so much everyone.

Benk, we came to Canada via airplane here at Toronto.

Scylla: You're heaven sent. What you said is right and accurate. We went to the Immigration Office here at Toronto and we were told exactly what we you told me. Thanks a lot.

 

[benk]

metaopsis,

just to clarify, so your wife is not reported? is this correct? i hope she is indeed not reported.
so, did the immigration office told your wife not to renew her PR card until she accumulates 730 days?
so, is your wife still a PR? can she stay in canada and accumulate the 730 days needed to renew her PR card?

i am happy for you and your wife.

 

[metaopsis]

hi benk!

my wife is not deported thank GOD. apparently that guy in the immigration was trying to scare my wife. teh person whom she spoke to yesterday was an immigration officer (i supposed has higher rank and more knowledgable than the one manning the airport). the lady there said, she will never be deported because her PR card is not yet expired when she entered Canada. as Scylla said, "all she has to do is to complete the 730 days that is required of her to be a PR. now, she ought to stay here for 2 more years to be able to accumulate her 730 days. while on my end, i can come back here in Canada from time to time to be with her.

thanks a lot for being happy for us benk. thank you so much everyone for your well wishes. CHEERS!

i am happy for you and your wife.

 

[Leon]

This is not entirely accurate. If the immigration officers suspect or know that she does not meet the residency requirements, they can report her for it. Maybe they don't do that every time but if they do, they will start proceedings to revoke her PR status and she will have 30 days to appeal that. If they didn't tell her that, they probably did not report her.

 

[Alabaman]

Leon, Canadian IOs for the most part are lenient. I believe the story.

 

[metaopsis]

Hi Leon!

I respect your opinion being a VIP member of this forum.

However, with all due respect to you, the story I stated herewith is true to the best of my knowledge. You can make your opinion in whatever way you would want it, but I will stick to what I stated here.

If you will look in the entire thread of what I posted, you will understand the whole story not on a partial biased opinion that you are making now.

When we were asked to go to the second screening, the immigration officer said to my wife that she can be deported because she did not meet the residency requirements and can revoke her PR status. However, when we went to the office at 55 Saint Claire, the immigration officer said something that is counter to what the immigration officer in the airport said, which was "my wife cannot be deported even if she hasn't completed her 730 days as a pre-requisite to the renewal of her PR card, because she came her prior to the expiration of her PR card. In our understanding, she is still a PR even if she hasn't completed the requirement of staying for 730 days. But in order for her to keep that status, from now on she has to complete that 730 days (without leaving Canada even for emergency reason) and then she can apply for the renewal of her PR status.

Hope this makes it clear now.