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Help: Thinking of Revoking PR Status

Help: Thinking of Revoking PR Status

Old Jul 27th 2015, 12:01 am
  #1  
MUA
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Default Help: Thinking of Revoking PR Status

Hi All,

I am in a dilemma at the moment, and was wondering if anyone else has been in similar situation. So here goes:

Me and the kids are Canadian citizens, but residing in the UK. I sponsored my husband and he got his PR in May 2011, which is when he landed, but his PR card expires May 2016. He was over there for probably 2 weeks doing a recce and attending a family wedding. He has not travelled back to Canada since 2011 and was planning on going back in May 2014 (to stay within the period of 2 years out of 5), but broke his ankle. He wanted to go back to Canada, but thought it was best once his ankle had fully recovered as he would not be able to work. He is now considering going back to Canada in the next few weeks, but after reading some posts we are concerned that CBSA will give him a hard time at Port of Entry and start proceedings to revoke his PR Status. I would like to know if this is the case will I be able to sponsor him again, and would he get his PR again as he got it initially.

What are out chances or should I hope that CBSA will not say anything about his obligations regarding PR, and that he can continue to stay within Canada and get the 730 days and then apply for renewal of PR.

I hope I have covered everything and that senior members will shower there wisdom. Thanking you in advance
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Old Jul 27th 2015, 1:01 am
  #2  
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Default Re: Help: Thinking of Revoking PR Status

Originally Posted by MUA
Hi All,

I am in a dilemma at the moment, and was wondering if anyone else has been in similar situation. So here goes:

Me and the kids are Canadian citizens, but residing in the UK. I sponsored my husband and he got his PR in May 2011, which is when he landed, but his PR card expires May 2016. He was over there for probably 2 weeks doing a recce and attending a family wedding. He has not travelled back to Canada since 2011 and was planning on going back in May 2014 (to stay within the period of 2 years out of 5), but broke his ankle. He wanted to go back to Canada, but thought it was best once his ankle had fully recovered as he would not be able to work. He is now considering going back to Canada in the next few weeks, but after reading some posts we are concerned that CBSA will give him a hard time at Port of Entry and start proceedings to revoke his PR Status. I would like to know if this is the case will I be able to sponsor him again, and would he get his PR again as he got it initially.

What are out chances or should I hope that CBSA will not say anything about his obligations regarding PR, and that he can continue to stay within Canada and get the 730 days and then apply for renewal of PR.

I hope I have covered everything and that senior members will shower there wisdom. Thanking you in advance
As long as your husband can prove he is married and been living with a Canadian citizen outside of Canada CBSA cannot revoke his PR status

6.1 Accompanying outside of Canada
A28(2)(a)(ii) and A28(2)(a)(iv) provides that each day a permanent resident is outside of Canada, accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, parent with whom he or she ordinarily resides, is deemed a day of physical presence in Canada.
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
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Old Jul 27th 2015, 1:53 am
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Default Re: Help: Thinking of Revoking PR Status

Thank you for your response, but I thought this was if the Canadian Citizen was employed by a Canadian Company or Government or Province as per below:

Each day a permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the case of a child, parent who is also a permanent resident and with whom he or she ordinarily resides, is also deemed a day of physical presence in Canada provided the spouse, common-law partner or parent of the other permanent resident is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.
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Old Jul 27th 2015, 2:20 am
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Default Re: Help: Thinking of Revoking PR Status

Originally Posted by MUA
Thank you for your response, but I thought this was if the Canadian Citizen was employed by a Canadian Company or Government or Province as per below:

Each day a permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the case of a child, parent who is also a permanent resident and with whom he or she ordinarily resides, is also deemed a day of physical presence in Canada provided the spouse, common-law partner or parent of the other permanent resident is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.
You have to read the wording carefully
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is, ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada, provided that the Canadian citizen they are accompanying is a spouse or common- law partner or parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

The one you are quoting is both are permanent residents of Canada. No requirement for a citizen to be working for a Canadian business or employed by the Canadian or Provincial Govt as a public servant.
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Old Jul 27th 2015, 2:32 am
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Default Re: Help: Thinking of Revoking PR Status

Thank you for the clarification, if only they could word things in simple English. Now my next question:

Does he have to renew his PR from Canada or UK? It doesn't expire until May 2016.

Thank you again for your help.
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Old Jul 27th 2015, 2:50 am
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Default Re: Help: Thinking of Revoking PR Status

Originally Posted by MUA
Thank you for the clarification, if only they could word things in simple English. Now my next question:

Does he have to renew his PR from Canada or UK? It doesn't expire until May 2016.

Thank you again for your help.
They won't mail PR cards outside of Canada. Actually the wording is pretty easy and written in plain English.
If arriving back before the PR card expires then renew from within Canada. If PR card expires and not in Canada then will need to apply for a travel document.
Permanent resident travel document
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Old Jul 27th 2015, 3:03 am
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Default Re: Help: Thinking of Revoking PR Status

Thank you for all your help.
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