welcomehome

we all crossed the canadian borders with the approval letter for PR and completed the formalities there. We were told that our PR Cards will be mailed to us in 1-2 months. We then came back to US since due to my current commitment to Job I cannot go migrate to canada for atleast 6 months or more.
Fortunately I got my PR card by post but they did not get my spouse PR card. Later they sent a letter saying that she has to come down to canada personally to sign some letter and in order to receive her PR card she has to be staying in canada.
I dont know why they need her to be in canada for receiveing the PR card??
Does that mean if she is not staying in canada she wont get the card??
If I explain them that I am in US and can only come after 6months or more will they tell me to apply for my wife's PR Card after we relocate there permently??
Someone kindly advice!!!!!!!!

Andrew Miller

There are sometimes complications with PR Cards, mainly due to photo being rejected by the system if it is not perfect. Unfortunately those complications happen to those who are returning to US after landing (because their "work commitments") more often than to anyone else for some strange reason.

PR Card can only be applied for and delivered in Canada and every new immigrants complete application for it in person when landing. Once PR Card cannot be issued for any reason then re-application (it includes new photo or whatever) has to be made in person in Canada as well. This is why your wife must visit local CIC office to re-apply or re-supply the photo.

If your wife won't do it within 180 days from landing then she will have to apply for PR card after moving permanently to Canada and having guarantors to sign her application. She will have to pick-up card in person from her local CIC office.

welcomehome

Thanks Andrews,
I undrestand from your reply that my wife will have to go personally to get the photos taken again and but I just have few questions.
1) Is it okay for me to tell them that she is currently staying with me in US and will migrate to canada once I am ready to or will that create complication not the ground that she is not currently in canada??
2) For her to travel to Canada, since the appln for PR card was already submitted and we have a copy of that document, will that be enough to cross the border or will she need a visitor's visa?
3) After 180 days say If I land in canada after a year, does she have to go through the complete procedure for PR or just resubmit her request for PR Card??

Thanks in advance.

Andrew Miller

You may notify CIC that your wife will re-apply for PR Card after you move to Canada

She can enter Canada with her valid passport and COPR document completed during landing process. But she cannot use any commercial transportation without PR Card, so only driving in private car or walking accross the border will work. If she wants to use plane, bus, train, ferry, etc. then she needs to apply for Travel Document through Canadian visa post.

No

JAJ

Andrew
If she has a visa-waiver passport isn't that enough on its own?



Jeremy

Andrew Miller

Jeremy,

welomehome asked if she needs TRV, so i assume that they are not from visa waiver country

welcomehome

Hi Andrew,
I got most of the questions cleared. I will try to take my spouse for the photo and complete the formalities. But as you are saying if we dont go in 180 days then she might need to apply for PR Card once she lands there
1) so I assume that whatever copy of document they gave her while crossing the border it is good until we get the PR Card and does not have a validity. Is that right assumption??
2) Once the photograph is taken, will they send her the PR Card to the mailing address in canada that I had given or will she have to go there again personally to get the PR Card??
3) Also what happens if she lands in canada only after 2-3 years will that be a fresh application for Permanent Residency or just applying for PR Card as you had mentioned??

Andrew Miller

No, you cannot take photo now if letter says that your wife must come in person to CIC office. She must go there within 180 days from landing - if not she will have to re-apply for PR Card after moving permanently to Canada.

COPR document is good only if coming to Canada in private car or crossing border on foot - it is not good for travel by plane, bus, train, ferry or any other commercial transportation.

Initially you said that due to "work commitments" you had to return to US for next 6 months - now you are asking about returning to Canada after 3 years? Make up your mind - if you want reliable answers you must first be honest when asking questions.

welcomehome

I am been honest with my questions Andrew.
I asked about 2-3 years later question for one excepetion, I will be moving to canada only after 6-8 months after my current project is done. After I go there I need to find a job and get settled and then try to move my family there. In this course my wife is planning to go for higher studies in US and might get stuck with that, so my question was if that be the case, will it be okay for her to come down after 2 years or so and will she be able to just reapply for PR Card or will she have to go through the whole process again as fresh applicant.
And the last question was if she goes to take the photo personally in canada, will CIC mail it to the mailing address or will they again call to personally collect the PR Card??

Andrew Miller

Why not to study in Canada? It is quite less expensive than in US and will provide better job opportunities in Canada after graduation. Studying in US with intention of moving to Canada doesn't make sense. It only indicates in most cases intentions to remain in US while trying to keep Canadian PR as safety net if getting residency in US won't work.

Every PR must meet residency obligations - be physically in Canada in every 5 years period.

welcomehome

Andrew,
I still am not clear about one thing, Does she need to be statying in canada to get the photos redone again and get the PR Card or is it okay for her to stay with me and go to Canada just to take the photo and come back untill we all go togther?? In that case will the photos come by mail at the canadian address I have given??

Andrew Miller

In theory it may be OK just to have photo taken in CIC office and then card forwarded to Canadian address - but in reality a lot may go wrong again. She may have for example PR Card issued with 12 months validity only.

Remember that posession of valid PR Card in no way guarantees PR status. If person won't meet residency obligations then despite having valid PR Card it will be determined that she or he lost PR status. It may happen as soon as person is absent from Canada for total of 1,096 days in any 5 years period after landing, even if PR Card is still valid for another 2 or so years.

So, what's the hurry with trying to get it now? Let your wife apply for PR Card once she moves permanently to Canada.

welcomehome

I was just keen on getting her PR Card before we finally move fearing that if she passes the 180 day deadline and in case she come down to canada after a year or so, she should not be required to start with fresh application for PR. We have spent more than 3 years to get this approval. Will she have to start from start??
Does the 1,096 days countdown start from the day we first landed in Canada or from the day we got our PR Card issued.

Andrew Miller

Clock starts on the day of landing and within 5 years from landing as PR must be in Canada for at least 730 days (or less than 1,095 days absent from Canada) to meet residency obligations. After the 5th anniversary of landing PR must be able to prove that s/he was in Canada for at least 730 days within past 5 years counted back from the day of counting.

Date of issue of PR Card and it's validity are irrelevant.

welcomehome

So logically speaking as long as she comes down to canada within this 5 yrs period, since she has already landed, she would just need to apply for her PR Card (as she is required to do now) and will not have to go through the entire apllication process. Is that final right assumption??