How to apply, processing time, if you're outside of Canada...
PR Renewal if Not Satisfying Residency Obligation
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prerna thapar Posts: 1
Posted On: 12/8/2014
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Hi ,
My husband is a Permanent Resident and the PR card was issued on 8.12.2009. He had to come to India in Feb 2011 due to need in family and in 2012 we got married in India .
His PR card is expiring on 2.1.2015 but now since things are settled back in India and he has his old job , he wants to fly back asap . He wont be able to complete the 730 days before 2nd Jan .
Let me know if he still has to apply for renewal before card expiry .
Also should he wait for his PR TO renew or apply for my sponsorship before 2nd Jan 2015.
Thanks
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MelM Posts: 226
Posted On: 12/8/2014
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There are a number of complications about your situation.
Your husband should return to Canada as soon as possible if he wants to retain his PR status - and he needs to return before his PR card expires. There is a chance he might be reported when he enters Canada for failing to meet the residency requirement. If he is reported, he will have to appear at a hearing and try to argue why he should be allowed to keep his PR status.
Assuming he can enter Canada without being reported for failing to meet the residency obligation, he should then remain in Canada for two years without leaving and not renew his PR card until he meets the 730 day residency requirement.
He should not file the application to sponsor you until he meets the residency requirement and has renewed his PR card. If he applies to sponsor you sooner, CIC will see he doesn't meet the residency obligation - and will both refuse your sponsorship application and potentially start the process of revoking his PR status.
There is some chance he might be able to renew his PR card earlier for Humanitarian and Compassionate reasons. For this to work, he must be able to prove that he was unable to return to Canada due to a very serious family or personal illness. He will need to show evidence from doctors / hospitals to show that he was held back from returning to Canada for a long period of time. Failing to meet the residency requirement due to financial, education, work, or marriage reasons won't be accepted as an H&C reason.
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