Please Help! Need guidance

[winter0007]

Hi Everyone,

So here's my case. Me and my wife got immigration a couple of years ago and did our landing back in May 2011. We stayed for a couple of days and then came back. I received my PR card through my sister (she lives in Canada), but for my wife, they asked that she should come back with pictures and sign some papers. But we were back in Pakistan and couldn't go then. Now, more than 3 years have lapsed and I have had two kids born here. I however, have a solid reason for not being able to move to Canada due to a bond (for a scholarship that I got) stipulating that I serve a couple of years here in Pakistan. I had thought that I would be able to pay the fine for the bond and leave the country, but couldn't.

Anyways, so my current status is that:

1. My PR is still valid but I have not met the residency requirement (its been 3.5 years that I am outside Canada)
2. My wife has a SIN card, but no PR card
3. My kids were born outside Canada

I don't want to live for 3-4 years away from my family. I guess either we all move or we don't. I know I've been kind of stupid to let this opportunity go, but I just want to find out for sure if that door has been closed permanently.

Any advice would be highly appreciated.

regards.

 

[scylla]

If you have been outside of Canada for more than three years and don't want to be separated from your family, then your options are quite simple.

You need to apply for a TRV for your two children so that you and your wife can return to Canada, taking your children with you. If the TRVs are approved, you must then permanently relocate to Canada with your family and hope you are not reported at the border for failing to meet the residency obligation. The chances of being reported are likely low. However if you are reported you should expect to lose your PR status and be asked to leave Canada. If you are not reported, then you will have to live in Canada for two years straight (without leaving for even a day) to restore your PR status and be able to renew your PR card. Once you have lived in Canada for two years straight, you will also be able to sponsor your children for PR (you won't be able to sponsor your children until you meet the residency obligation and during that two year period, they will have to live in Canada as visitors and you will have to keep extending their TRVs).

If your children's TRVs are not approved - then you have two choices. (1) Forget about your PR status. (2) Come to Canada alone, live in Canada for 2 years (without leaving) to meet the residency obligation, and then file an application to sponsor your children as well as your wife.

 

[zardoz]

Also, if your wife has not been issued with a PR card, she will have to apply for a Travel Document from the local Canadian embassy. As she doesn't, and can't, meet the residency obligation requirements, you should anticipate a possible refusal and the subsequent eventual loss of her PR status. Whether this would affect your own chances of being reported on entry to Canada, I cannot say.

 

[Rob_TO]

Also, if your wife has not been issued with a PR card, she will have to apply for a Travel Document from the local Canadian embassy. As she doesn't, and can't, meet the residency obligation requirements, you should anticipate a possible refusal and the subsequent eventual loss of her PR status. Whether this would affect your own chances of being reported on entry to Canada, I cannot say.

And once her PR is lost, I think the chance of her then getting a TRV to Canada is practically zero. And even if TRVs for wife and kids were approved, they would most likely not be able to keep extending their TRVs for the 2+ years required for him to renew his PR card before he could apply for their PR.

So the OP would most likely need to move back to Canada on his own, stay in Canada for 2 years straight, then apply for outland sponsorship. Entire time spent apart from wife would be at least 3-4 years.