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Landed PR card holder but wants to reapply

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mrs ali View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mrs ali Quote  Post ReplyReply Direct Link To This Post Topic: Landed PR card holder but wants to reapply
    Posted: 09 Feb 2010 at 1:32pm

My husband is a landed PR card immigrant of Canada. We are in the middle of deciding to choose to stay in USA or to move to Canada. Since his landing he has not spent the 3 years time in Canada and logically the time period is finishing in june 10 whereas his pr card expires in 2011. when he landed he was not married but now his marital status has changed actually it changed 2 years now he was thinking to surrender his this process and re apply for both of us together. Our current staus in usa is h1 and h1b. my question is that can he reapply after surrendring his pr or he cannot? what difficulties can we face in this regard!

its one of the options we are seeking so pls help as we need to decide either to move now or to wait if we can reapply.

one more question: has there been any new rule which states that only people who have done masters can apply for immigration??!

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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 09 Feb 2010 at 4:43pm
well, he can return but most probably he will be written up by Immigration Canada for non-compliance of residency obligations. It may lead to a hearing with the immigration board/panel which may lead to loss of PR status and may be asked to leave Canada.
If he returns and is able to satisfy the immigration that he intends to stay here permanently, they may consider it, but it all depends on his case presentation.....

Besides, since he never sponsored you for Canada, you won't be able to go to Canada with him, unless you are from a visa-exempt country.

Please note that immigration rules have changed since he last became PR, now there are only 38 occupations in which one can apply for Canadian PR status. Gone are the days when all occupations were eligible.....

Check for details
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 18 Feb 2010 at 2:34am
A new application for PR would be difficult, and probably take years. It would be far easier for him to establish himself in Canada and sponsor you. If you cannot get a visa to visit Canada, that of course would mean some time of separation . . . how long it is difficult to say.

He did not need to spend three years in Canada to maintain his status. Just two years in the most recent five, or, if five years have not elapsed since he landed, enough time in Canada so that it is still possible for him to have been in Canada 730 days total as of the fifth anniversary of his landing. (If he landed in 2006, for example, he simply must have been in Canada enough so that those days plus the number of days left until the anniverary of his landing in 2011 add up to 730 or more.)

Frankly, if he were to cross a land border into Canada and show his PR card, it is unlikely they will challenge the duration of his stays in Canada. If he is accompanied by you, and you are not from a visa-exempt country, that may trigger a query (and if you don't have a visa you probably would not be allowed to enter anyway). If he is obviously "moving" back to Canada that may trigger a query.

If he gets into Canada without a query, without triggering an investigation into his status, once in Canada he does not have to apply to renew his PR card right away. He can delay applying for it until he has spent 730 days out of the previous five years in Canada . . . even someone who was outside of Canada for many, many years, is entitled to have their status based on the last five years, so once in Canada, stay in Canada, stay until the 730 day requirement is met. Then apply for renewal of PR card, and then apply to sponsor a spouse (sponsor must divulge periods of time in which the sponsor lived outside of Canada . . . so the PR holder does not want to submit an application that on its face indicates not having lived in Canada for at least 730 days out of the last five years . . . but, again, once the 730 day threshhold is met, it is OK to reveal that he was out of the country for longer than three years previously).

Edited by dpenabill - 18 Feb 2010 at 2:39am
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.

BTW: Not an expert, not a Can. lawyer, never worked in immigration
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