PR Renounce for Spousal Sponsorship

[sgsabn]

My PR card expired without meeting residency obligations. I am considering renouncing so that my wife will sponsor a new PR application. Does renouncing PR negatively affect the new spousal application?

 

[scylla]

My PR card expired without meeting residency obligations. I am considering renouncing so that my wife will sponsor a new PR application. Does renouncing PR negatively affect the new spousal application?

No, it doesn't.

 

[sgsabn]

No, it doesn't.

Can I apply for spousal sponsorship at the same time I am renouncing? I am also told that after renouncing one qualifies for a 10year TRV.

 

[armoured]

Can I apply for spousal sponsorship at the same time I am renouncing? I am also told that after renouncing one qualifies for a 10year TRV.

No, you must wait for the citizenship renunciation to be completed.

Renouncing does not 'qualify you for a TRV.' You are eligible to apply for a TRV, it\ll be assessed like any other.

Note: if you anticipate wanting a TRV,I'd suggest: apply for that and wait for answer before applying for spousal.

 

[dpenabill]

My PR card expired without meeting residency obligations. I am considering renouncing so that my wife will sponsor a new PR application. Does renouncing PR negatively affect the new spousal application?

There should be no direct negative impact.

If you are planning to come to Canada to live, to stay, no problem at all.

If the plan is not to come to Canada to settle relatively soon, consider waiting until it is your plan to come "to Canada to establish permanent residence" (as in actually to reside in Canada). In the meantime a substantial history of coming and going should make obtaining a TRV fairly routine, which can be used to visit Canada periodically until there is a plan to settle, to stay, and then make the sponsored PR visa application.


For Further Consideration:

Note: No need to read or consider the following if the plan is to come to Canada to stay in the relatively near future. If the plan is to settle more or less permanently here in the near future, proceeding to renounce PR and apply for a sponsored PR visa should be OK, no problem.

It is common, however, for some immigrant families in similar situations to be balancing one spouse's employment outside Canada with the family establishing residence in Canada. The question is when (or in some cases if) the spouse working abroad will be more or less PERMANENTLY joining the family in Canada.

There is nothing about having previously been a PR and either losing that due to not meeting the Residency Obligation, or giving it up for the same reason, that will have a negative impact on a new PR application. Sponsored or otherwise.

Indeed, it is fairly common for decision-makers in immigration matters to cite the option of being sponsored for PR anew as a factor mitigating the hardship a loss of PR status would impose. Just as one relatively recent example (involving a PR spouse living in Canada), last year, the IAD cited this option among reasons for denying H&C relief to a PR who had failed to comply with the RO:

There is no barrier to him returning to Canada as a visitor and his spouse can sponsor him again for permanent residence. I do not find that the Appellant losing his permanent residence has a significant impact on the children’s best interests.​

See IAD Ojomo decision, 2021 CanLII 81265, https://canlii.ca/t/jhvcg​

HOWEVER . . . an application for PR, whether a family class sponsored application, or an application in one of the other classes, should not be made until the prospective applicant is planning to actually come to Canada to live, to settle permanently in Canada.

This is one of the eligibility requirements that gets little attention, rarely causes a problem, and is often more or less flaunted (the way the rules are applied, for example, generally allows if not outright facilitates the so-called soft-landing, even though one of the screening criteria the regulations impose is to verify the individual is coming to Canada to settle permanently).

But Regulations 70(1)(b) and 72(1)(b) respectively require, to qualify for PR, the individual be "coming to Canada to establish permanent residence" or be "in Canada to establish permanent residence." Not to obtain or establish Permanent Resident status, but to establish not just "residence," but "permanent residence."

As I noted, this does not get a lot of attention. My guess is that it is generally assumed that someone applying for PR status is doing so in order come or stay in Canada more or less permanently.

Which brings this to the Elfadul IAD decision, 2019 CanLII 145852, https://canlii.ca/t/jdm4x

In that case IRCC DENIED the sponsored spouse PR visa application. The visa officer's refusal letter stated:

On the evidence submitted, I am not satisfied that you will establish permanent residence in Canada. You were granted permanent residence in Canada on 24 July 2011 and failed to establish permanent resident [sic]. You were given ample opportunity to establish yourself in Canada. I am not satisfied that you will establish permanent residence in Canada at this point.​

That decision was overturned by the IAD on appeal, but not because the decision was wrong on the law, but rather the IAD determined that decision was wrong on the facts, finding that the evidence supported a conclusion the applicant was actually likely to establish permanent residence in Canada, largely based on a document referencing the applicant's final exit from the country where he had been working for many years, the reason why he had been abroad so extensively.

The TAKE-AWAY: At least some visa officers appear to be considering, as negative factors, a former PR's lack of settlement in Canada. And, moreover, apparently the Minister will push for the IAD to uphold the denial of a PR application based in part on these considerations.

 

[sgsabn]

No, you must wait for the citizenship renunciation to be completed.

Renouncing does not 'qualify you for a TRV.' You are eligible to apply for a TRV, it\ll be assessed like any other.

Note: if you anticipate wanting a TRV,I'd suggest: apply for that and wait for answer before applying for spousal.

Thank you so much for your response. It is greatly appreciated.

 

[sgsabn]

There should be no direct negative impact.

If you are planning to come to Canada to live, to stay, no problem at all.

If the plan is not to come to Canada to settle relatively soon, consider waiting until it is your plan to come "to Canada to establish permanent residence" (as in actually to reside in Canada). In the meantime a substantial history of coming and going should make obtaining a TRV fairly routine, which can be used to visit Canada periodically until there is a plan to settle, to stay, and then make the sponsored PR visa application.


For Further Consideration:

Note: No need to read or consider the following if the plan is to come to Canada to stay in the relatively near future. If the plan is to settle more or less permanently here in the near future, proceeding to renounce PR and apply for a sponsored PR visa should be OK, no problem.

It is common, however, for some immigrant families in similar situations to be balancing one spouse's employment outside Canada with the family establishing residence in Canada. The question is when (or in some cases if) the spouse working abroad will be more or less PERMANENTLY joining the family in Canada.

There is nothing about having previously been a PR and either losing that due to not meeting the Residency Obligation, or giving it up for the same reason, that will have a negative impact on a new PR application. Sponsored or otherwise.

Indeed, it is fairly common for decision-makers in immigration matters to cite the option of being sponsored for PR anew as a factor mitigating the hardship a loss of PR status would impose. Just as one relatively recent example (involving a PR spouse living in Canada), last year, the IAD cited this option among reasons for denying H&C relief to a PR who had failed to comply with the RO:

There is no barrier to him returning to Canada as a visitor and his spouse can sponsor him again for permanent residence. I do not find that the Appellant losing his permanent residence has a significant impact on the children’s best interests.​

See IAD Ojomo decision, 2021 CanLII 81265, https://canlii.ca/t/jhvcg​

HOWEVER . . . an application for PR, whether a family class sponsored application, or an application in one of the other classes, should not be made until the prospective applicant is planning to actually come to Canada to live, to settle permanently in Canada.

This is one of the eligibility requirements that gets little attention, rarely causes a problem, and is often more or less flaunted (the way the rules are applied, for example, generally allows if not outright facilitates the so-called soft-landing, even though one of the screening criteria the regulations impose is to verify the individual is coming to Canada to settle permanently).

But Regulations 70(1)(b) and 72(1)(b) respectively require, to qualify for PR, the individual be "coming to Canada to establish permanent residence" or be "in Canada to establish permanent residence." Not to obtain or establish Permanent Resident status, but to establish not just "residence," but "permanent residence."

As I noted, this does not get a lot of attention. My guess is that it is generally assumed that someone applying for PR status is doing so in order come or stay in Canada more or less permanently.

Which brings this to the Elfadul IAD decision, 2019 CanLII 145852, https://canlii.ca/t/jdm4x

In that case IRCC DENIED the sponsored spouse PR visa application. The visa officer's refusal letter stated:

On the evidence submitted, I am not satisfied that you will establish permanent residence in Canada. You were granted permanent residence in Canada on 24 July 2011 and failed to establish permanent resident [sic]. You were given ample opportunity to establish yourself in Canada. I am not satisfied that you will establish permanent residence in Canada at this point.​

That decision was overturned by the IAD on appeal, but not because the decision was wrong on the law, but rather the IAD determined that decision was wrong on the facts, finding that the evidence supported a conclusion the applicant was actually likely to establish permanent residence in Canada, largely based on a document referencing the applicant's final exit from the country where he had been working for many years, the reason why he had been abroad so extensively.

The TAKE-AWAY: At least some visa officers appear to be considering, as negative factors, a former PR's lack of settlement in Canada. And, moreover, apparently the Minister will push for the IAD to uphold the denial of a PR application based in part on these considerations.

Thank you so much for your thorough analysis and very detailed response. I have read your response and digested every information and lead provided; this has exhaustively answered my questions. I am sure the professional and sound opinion expressed here is invaluable to many on this forum.

My scenario for the benefit of other:

Spouse and children are Canadian Citizens

I fall far short of residency obligations say 100/730. I visit virtually every month for the entire 5 years between 2015 and 2020. I have to stay back in my home country managing a business from which we generate funds to keep my family in Canada. We made attempts to start a business in Canada, which failed and effort to get a paid employment in IT( I have a PhD in Artificial Intelligence) wasn't successful either. I had to shuttle back and forth. My children are both adults!

I am NOT desirous of staying permanently in Canada at this time because of my business in my country. I would love to be visiting till I am ready to stay permanently, hopefully in the nearest future.

Premised on the strong guidance you have provided, I deem it appropriate, logical and sensible to Renounce and apply for TRV till i am ready to stay. Thank you so much for your insightful guidance and counsel.