Expired PR Cards: How to Bring Spouse and Child Back to Canada

[harjeetm]

I'm currently in Canada on PR and my spouse & kid never came to Canada to continue their PR which is now expired for them. Soon ill be eligible for filing my Canadian citizen ship. In future how can I bring my spouse & kid back to Canada, considering their PR is already expired. What is the safest and best way, some suggests exploring PRTD vs Family Sponsorship.

 

[Copingwithlife]

You can’t sponsor someone thru Family sponsorship if they are PR

 

[harjeetm]

You can’t sponsor someone thru Family sponsorship if they are PR

Oh ok, so what are my options. Is PRTD an only option then?

 

[armoured]

Oh ok, so what are my options. Is PRTD an only option then?

Apply for prtd. If that is refused, then family sponsorship.

 

[Ponga]

Oh ok, so what are my options. Is PRTD an only option then?

If they can return to Canada via the U.S., they could use their expired PR Cards by entering Canada in a private vehicle (or on foot). They only need a valid PR Card if traveling via a commercial carrier into Canada.

 

[Flyingfast]

You can’t sponsor someone thru Family sponsorship if they are PR

I was able too. I first became a PR in 1997. Left Canada in 2000. Met a Canadian in my home country of Australia in 2004. We married in 2005 and filed a sponsorship. IRCC had me renounce my PR status, and then they finalized my new PR application.

 

[Ponga]

I was able too. I first became a PR in 1997. Left Canada in 2000. Met a Canadian in my home country of Australia in 2004. We married in 2005 and filed a sponsorship. IRCC had me renounce my PR status, and then they finalized my new PR application.

Which is exactly what @Copingwithlife wrote, correct?

Had you not renounced your own PR (because of non-compliance in meeting the Residncy Obligation, I suspect) you would not have been eligible to be sponsored by your Canadian spouse.

 

[Flyingfast]

That was the

Which is exactly what @Copingwithlife wrote, correct?

Had you not renounced your own PR (because of non-compliance in meeting the Residncy Obligation, I suspect) you would not have been eligible to be sponsored by your Canadian spouse.

I'm 100% aware of that. I'm just saying from my own experience is you can still file a sponsorship application. IRCC will take the steps necessary to make a determination of status and then tell you what needs to be done for the process to continue.

 

[harjeetm]

If they can return to Canada via the U.S., they could use their expired PR Cards by entering Canada in a private vehicle (or on foot). They only need a valid PR Card if traveling via a commercial carrier into Canada.

Good to know thanks

 

[harjeetm]

I was able too. I first became a PR in 1997. Left Canada in 2000. Met a Canadian in my home country of Australia in 2004. We married in 2005 and filed a sponsorship. IRCC had me renounce my PR status, and then they finalized my new PR application.

Appreciate the detailed response. Thank you , very helpful

 

[armoured]

That was the
I'm 100% aware of that. I'm just saying from my own experience is you can still file a sponsorship application. IRCC will take the steps necessary to make a determination of status and then tell you what needs to be done for the process to continue.

Yes, it can be done. But the necessary step for you to be sponsored was to NOT be a PR anymore. No-one was saying that the spouse of a citizen/PR cannot be sponsored (or at least not because of this) - but that they can't be sponsored while they are a PR.

That's why the simple steps are: apply for a PRTD. If they are granted the PRTD, no need for sponsorship - you've been given a document to return to Canada as a PR. If refused, IRCC will revoke (or they can renounce) so that they are no longer a PR, and then they can be sponsored.

Now in some cases it may be clear that just renouncing and applying for sponsorship is superior (eg if PR has been out of Canada for so long that chances of PRTD are slim to nil). Another reason is that not having a valid PR card can be an inconvenience (although less so if the PRTD is granted for H&C reasons).

But for those eg who can travel through USA, or are only slightly out of compliance, and who need to return sooner, it MIGHT be faster to go the PRTD route than renounce-and-reapply.

Problem is, no way to be sure which is better. And sometimes PRTDs seem to take a long time even to get refused.

[My own guess for the OP's case, where wife and child basically never settled, and there doesn't seem to be urgency, renounce and reapply might be better - they'd get new PR cards and health care with no issues, etc. But only a guess and it's for the OP and spouse to decide.]

 

[harjeetm]

If they can return to Canada via the U.S., they could use their expired PR Cards by entering Canada in a private vehicle (or on foot). They only need a valid PR Card if traveling via a commercial carrier into Canada.

Good to know, thanks . Ill explore this option as well.