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Spousal Visa Family Class after PR CARD renewal failure

Spousal Visa Family Class after PR CARD renewal failure

Old Jan 8th 2023, 5:15 am
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Default Spousal Visa Family Class after PR CARD renewal failure

Hi ; wonder if anyone can help with this situation? My wife has not met the required days in Canada rule for PR Renewal.
There were reasons, but they dont qualify as serious enough for them to overlook them. We dont think an appeal would be successful
I now want to start a new Spousal Visa (Family Class ) for her to join me in Canada.
The PR expired whilst waiting for the renewed Card, she was refused a PTRD from London
Does she still have to renounce the PR , or can we immediately start with a fresh Visa attempt ?
I have worked continuously in Canada since 2013, Most of this time she has continued working /living mainly in our home back in UK, and then visiting both her married Daughter/Family and me for short periods over that time.
I can elaborate more over the circumstances of the situation, but feel unecessary at the moment , thanks
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Old Jan 8th 2023, 5:47 am
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Default Re: Spousal Visa Family Class after PR CARD renewal failure

Hi, welcome to BE.

Just checking, but you're aware that any time spent with you outside of Canada counts as time inside Canada for residency obligation purposes? I know you've said you've been in Canada whilst she's been in the UK but just in case you've spent any lengthy time in the UK with her, that time would count towards her residency obligations as well. So thought it worth flagging.

If she's still not met her obligations and wants to apply for PR again, she'll need to renounce her current PR first I'm afraid.

HTH, good luck.
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Old Jan 8th 2023, 6:40 am
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Default Re: Spousal Visa Family Class after PR CARD renewal failure

Thanks for the quick reply, I used to be in your 'Trucking' Section about 9 years ago!!! We are a long way off the mark, Ive only been back to UK for 3-4 weeks each of the 4 years , and I was also here in 2021 for 3 months trying to sort out our property sale probs during the worse of COVID times.She came over for the same sort of periods to Canada , with the full intention of joininhg us in 2020-21.
So Our plan was for her to join me after getting thru my 'Temp Worker to PR stretch 2013 - 2017 in Alberta. We ultimately wanted to Live in Ontario once I got the PR, and be close to her Daughter there.
I moved over to Ontario from AB in 2019, changed company, but was still doing long-haul away in USA (apprx 250 days a year). I spend time and officially resident at our Daughters address when 'Home'.
When we finaly strted to get things moving, Covid started , the UK flat sale went a bit haywire.,, and my wife was afraid of employment problems if she came over, her mum also got seriously ill with Covid and nursed her back to health , again taking time off the clock so to speak..
I got my PR renewal thru 'Express' due to work necessity (Reg' Cross-Border needs), she attempted to renew thru normal waitlist. We expected problems due to the days away rule, and whilst waiting for PR in process, then decision made.. she tried to get a PRTD for a trip over without the new card.. London Office refused the PRTD saying she will not get new PR card because time away rule, at the same time our daughter had contacted Canada Gov about confusion because we were then told 'new card is ready?! Then we got 60 day appeal time letter,? This is where we are now , not sure what was going on.. Canada Office saying 1 thing , but London saying another.
So to avoid more time and probably money with legal battle , we thought to 'give up' on this completely , and start afresh application . I am 60 , my wife is 57, but wants to work so Granny visa no good, We thought at least clearing this up she can come over for long stay on UK Passport, selling our flat.. Live with our Daughter, until we get our own place .
I wanted to literally start filling the forms in with her now (I am currently in UK with her for a 3 week break),
Ultimately ;The 60 day appeal time finishes on 28th Feb, do we /can we just start afresh once they dont hear from us about appealing ?
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Old Jan 8th 2023, 8:50 pm
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Default Re: Spousal Visa Family Class after PR CARD renewal failure

Originally Posted by JDS2023
Thanks for the quick reply, I used to be in your 'Trucking' Section about 9 years ago!!! We are a long way off the mark, Ive only been back to UK for 3-4 weeks each of the 4 years , and I was also here in 2021 for 3 months trying to sort out our property sale probs during the worse of COVID times.She came over for the same sort of periods to Canada , with the full intention of joininhg us in 2020-21.
So Our plan was for her to join me after getting thru my 'Temp Worker to PR stretch 2013 - 2017 in Alberta. We ultimately wanted to Live in Ontario once I got the PR, and be close to her Daughter there.
I moved over to Ontario from AB in 2019, changed company, but was still doing long-haul away in USA (apprx 250 days a year). I spend time and officially resident at our Daughters address when 'Home'.
When we finaly strted to get things moving, Covid started , the UK flat sale went a bit haywire.,, and my wife was afraid of employment problems if she came over, her mum also got seriously ill with Covid and nursed her back to health , again taking time off the clock so to speak..
I got my PR renewal thru 'Express' due to work necessity (Reg' Cross-Border needs), she attempted to renew thru normal waitlist. We expected problems due to the days away rule, and whilst waiting for PR in process, then decision made.. she tried to get a PRTD for a trip over without the new card.. London Office refused the PRTD saying she will not get new PR card because time away rule, at the same time our daughter had contacted Canada Gov about confusion because we were then told 'new card is ready?! Then we got 60 day appeal time letter,? This is where we are now , not sure what was going on.. Canada Office saying 1 thing , but London saying another.
So to avoid more time and probably money with legal battle , we thought to 'give up' on this completely , and start afresh application . I am 60 , my wife is 57, but wants to work so Granny visa no good, We thought at least clearing this up she can come over for long stay on UK Passport, selling our flat.. Live with our Daughter, until we get our own place .
I wanted to literally start filling the forms in with her now (I am currently in UK with her for a 3 week break),
Ultimately ;The 60 day appeal time finishes on 28th Feb, do we /can we just start afresh once they dont hear from us about appealing ?
OK, so no chance of meeting the residency obligations then and you will need to reapply. You have no grounds for appeal from what you've said.

Unfortunately she's not currently eligible to apply again, she's still a PR until that status is revoked, and you cannot apply for PR when you already are one. So although it sounds like the process for her PR being revoked is underway, she'll need to wait until it's done before being able to apply again. Alternatively, to confirm she doesn't want to appeal and to get the process underway, she can file to renounce her PR - https://www.cic.gc.ca/english/inform...s/5781ETOC.asp

Also, do check you're meeting the residency obligations yourself as you say you're away for the majority of the year. I'm assuming you meet the criteria as you're being sent to work abroad by a Canadian employer? But just thought I'd flag it just in case.

Good luck.
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Old Jan 10th 2023, 1:19 am
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Default Re: Spousal Visa Family Class after PR CARD renewal failure

Thanks again, Just to verify what I have read about other 'cases' ...
So if she renounces this PR , travels over on eta for now, then any future applications, ( example ;Spousal 'Family' Class or SuoerGran Visa) will not be Jeapordised by past history of non compliance (Days spent away) with old PR?
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Old Jan 10th 2023, 1:29 am
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Default Re: Spousal Visa Family Class after PR CARD renewal failure

Originally Posted by JDS2023
Thanks again, Just to verify what I have read about other 'cases' ...
So if she renounces this PR , travels over on eta for now, then any future applications, ( example ;Spousal 'Family' Class or SuoerGran Visa) will not be Jeapordised by past history of non compliance (Days spent away) with old PR?
No, not at all. She's not broken any immigration rules.

HTH.
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