rafavaro

hello everybody, excuse me if I don't write very well, I hope you could understand, my wife is spanish, she does not have the PR card, and sicne she haven't been in Canada for more than 730 days there is a risk that PRTD be not aproved, so she could pass to Canada by US border walking just with her spanish passport and her COPR? thank you very much, please I apreciatee answers because is urgent, we have a little girl in the same situation!!

christmasoompa

She can do that, but that won't help if she doesn't meet the residency obligation - all border agents can simply look on their computer to see her info and the card isn't relevant to that.

When did she actually land and gain PR status, and how much time has she spent in Canada since? What about your status, are you in Canada?

Gozit

Most likely if she is crossing by the land border, the US side will just take her passport and have her pay the $6 to get her I-94, and on the way back on the Canadian side she can show her COPR/Spanish pp with entry PR stamp and she will be OK. Its if she is travelling by air back to Canada where she will require a PR card or PRTD.

withabix

Has she been physically present in Canada for at least 730 days in the past 5 years?

You say she hasn't been in Canada for the last 2 years, so was she here for at least 730 days in the 3 years before that?

If the answer to both of those questions is 'No', then she has not met her Canadian residency obligations to be a Permanent Resident.

Siouxie

Incorrect, if she has not met the requirements for retaining PR.

rafavaro

thank you very much for your quickle answers! unfortunately she does not meet the 730 days, we made landing in may 2013 , and stay in Canada just for one week , but the period of 5 years ends in May 2018 rigth? I want to know if she will be allowed to entry , maybe with a report or somethimg like that , I am here in Canada from january so I only have 4 mouth , we have a little girl in the same situacion as her but she does got here PR card , thank you again!!

christmasoompa

Why is she even trying to enter if you know she doesn't meet the residency requirement? That seems an awfully stressful situation to put her and a child through.

Couldn't she just renounce her PR status and then you apply to sponsor her if you are living there?

rafavaro

the answer is NO, but, do you think she will be alowed to entry? we landed in may 2013 and reamined in Canada jus one week, but the 5 years period teorically ends in may 2018

rafavaro

yes, we have thought about it , but I prefer to try to rescue their PR , and I don't know if I could meet the minimal requeirments to sponsor them, I just have 5 mouth here and have a temporal job on a factory ,thank you!!

confused_uk

And she hasn't visited again between that landing trip & now? She can only have missed it by a couple of weeks

christmasoompa

I don't see how she can meet the requirements then, remember that it's a rolling 5 year period.

So she will be allowed to enter, but if her lack of time in Canada is noticed (it's pretty much guaranteed it will be unless you get a half asleep border officer!), then she'll be allowed to enter but have to appear at a hearing where her PR is likely to be revoked. As I said, an awful lot of stress for your wife and daughter if you know that they can't meet the residency obligation.

rafavaro

yes thank you very much, we know the less strees situation is Renounce, but I really don't know if I could sponsor them in my currentlly stuation, and will be expensive

withabix

You need to decide if Canada is where you really want to be and if so, which Province?

There must be reasons why you applied for PR, got PR and then left the country? Where did you go?

Does living in Canada make financial sense?

Are your wife and daughter currently in Spain?

rafavaro

yes, we know that, its a decision that we have made but for some family reasons we did not come before, may I send you a pv message??

confused_uk

Isn't there an extenuating circumstances clause for not meeting residency obligations?