Should I renounce my PR and re-apply under spousal sponsorship?

[Newlife123]

Hello

I currently hold an expired PR card and haven't met my residency obligation. My fiancée is a Canadian and we're getting married in few months. She wants to apply for my PR using the spousal PR application.

In this situation, should I first renounce my existing PR? Or should I try to preserve my existing PR? Which option makes more sense?

I live in the US, so I can enter into Canada using a land border, if that matters. Thank you.

 

[armoured]

Hello

I currently hold an expired PR card and haven't met my residency obligation. My fiancée is a Canadian and we're getting married in few months. She wants to apply for my PR using the spousal PR application.

In this situation, should I first renounce my existing PR? Or should I try to preserve my existing PR? Which option makes more sense?

I live in the US, so I can enter into Canada using a land border, if that matters. Thank you.

I think this depends on a lot of other factors: how long you've been out / how non-compliant you are, when you intend to return to Canada, will you plan on staying in Canada, and how often you may need to travel, etc.

In some respects it MAY be easier/more convenient to renounce and be sponsored anew. But not in all respects - eg depending on how soon you wish to move to Canada (need to work, passport you hold, etc). Advantages and disadvantages, you'll just have to research to decide.

 

[Besram]

Hello

I currently hold an expired PR card and haven't met my residency obligation. My fiancée is a Canadian and we're getting married in few months. She wants to apply for my PR using the spousal PR application.

In this situation, should I first renounce my existing PR? Or should I try to preserve my existing PR? Which option makes more sense?

I live in the US, so I can enter into Canada using a land border, if that matters. Thank you.

PR is intended for people who want to live in Canada. If you have no plans to move to Canada any time soon, it makes no sense to go through the process of re-applying for PR. You will just find yourself in the same situation in 3-5 years. Wait until you actually want to move.

If you plan on visiting Canada, it could make sense to renounce your PR so you can travel by air. But it depends on your passport - you may need to apply for a visitor visa if you don't qualify for travel without a visa.

If you are happy to travel by land border, you can also enter with your existing PR, without renouncing first. They will have to let you enter, but you may be questioned about your PR non-compliance and you could face delays. Worst case is they start the process of revoking your PR.

 

[Newlife123]

I think this depends on a lot of other factors: how long you've been out / how non-compliant you are, when you intend to return to Canada, will you plan on staying in Canada, and how often you may need to travel, etc.

In some respects it MAY be easier/more convenient to renounce and be sponsored anew. But not in all respects - eg depending on how soon you wish to move to Canada (need to work, passport you hold, etc). Advantages and disadvantages, you'll just have to research to decide.

Thank you armoured.

To give some context - I have not lived in Canada beyond couple of months in last 5 years. However, we intend to settle down in Canada immediately after marriage, no frequent international travel afterwards. Maybe once a year. I would hunt for jobs once I move there.. but I am fine not working for a few of years as I have enough savings. My passport is not from an ETSA country. So I would need a visa to enter Canada w/o PR..

Looks like my case is complex?

 

[Newlife123]

PR is intended for people who want to live in Canada. If you have no plans to move to Canada any time soon, it makes no sense to go through the process of re-applying for PR. You will just find yourself in the same situation in 3-5 years. Wait until you actually want to move.

If you plan on visiting Canada, it could make sense to renounce your PR so you can travel by air. But it depends on your passport - you may need to apply for a visitor visa if you don't qualify for travel without a visa.

If you are happy to travel by land border, you can also enter with your existing PR, without renouncing first. They will have to let you enter, but you may be questioned about your PR non-compliance and you could face delays. Worst case is they start the process of revoking your PR.

I agree, I just couldn't move earlier due to life events. However, we would be settling down in Canada immediately after marriage. So trying to figure out which option would be easier, legally speaking?

 

[Besram]

Option 1: Enter via land border and hope you don't get reported. Consider:

• Once you entered successfully, best not to travel until you are back in compliance (so may be tricky with wrapping up your life in the US, you may need to get your spouse to help)
• If you have a SIN already, you can work
• Depending on the province, you may not be able to get provincial health insurance without a valid PR card, so you will have to get private cover
• Similar story with a driver's license - note you are only supposed to drive with a foreign / inter provincial license for up to 90 days

If you do get reported at the border, best to not appeal and re-apply in my opinion, as it looks like you don't have strong H&C reasons

Option 2: Renounce and re-apply. Consider:

• Processing times for spousal sponsorship
• Additional costs

 

[armoured]

Thank you armoured.

To give some context - I have not lived in Canada beyond couple of months in last 5 years. However, we intend to settle down in Canada immediately after marriage, no frequent international travel afterwards. Maybe once a year. I would hunt for jobs once I move there.. but I am fine not working for a few of years as I have enough savings. My passport is not from an ETSA country. So I would need a visa to enter Canada w/o PR..

Looks like my case is complex?

The one thing I'd add (eg to Besram's notes) are how soon you expect to get married and want to move to Canada. (A factor in that is how much time you have spent with your intended spouse - you'll want to have very solid supporting evidence that the marriage is genuine).

Eg: if you had a year, possibly more, you could renounce, apply for sponsorship when that is done, and hope that all is ready for you to move to Canada as a PR. Visitor visa: no idea how difficult it will be to get one. Your status in USA may be a factor (hard for me to say).

Mostly as @Besram put it: if you can show up at border as visitor, don't have too much stuff to move, and willing to deal with the issues he mentioend / delay travel abroad as much as possible, your existing PR status may be fine.

If it's not, you could always renounce and re-apply later - with caveat that if you did this in Canada you'd have to ask for visitor status, or have to leave. Messy in its own way.

All these questions really up to uyou and spouse to figure out, judgment calls.

 

[Newlife123]

The one thing I'd add (eg to Besram's notes) are how soon you expect to get married and want to move to Canada. (A factor in that is how much time you have spent with your intended spouse - you'll want to have very solid supporting evidence that the marriage is genuine).

Eg: if you had a year, possibly more, you could renounce, apply for sponsorship when that is done, and hope that all is ready for you to move to Canada as a PR. Visitor visa: no idea how difficult it will be to get one. Your status in USA may be a factor (hard for me to say).

Mostly as @Besram put it: if you can show up at border as visitor, don't have too much stuff to move, and willing to deal with the issues he mentioend / delay travel abroad as much as possible, your existing PR status may be fine.

If it's not, you could always renounce and re-apply later - with caveat that if you did this in Canada you'd have to ask for visitor status, or have to leave. Messy in its own way.

All these questions really up to uyou and spouse to figure out, judgment calls.

I see.. so I guess it's not a good idea to apply for spousal PR immediately after marriage? I might have to bring my spouse over in the US for a year to live with me in that case..

Also curious why you mentioned about showing up at the border as a tourist w/o much stuff, if I'm trying to not get reported? I thought crossing the border with a lot of luggage would display a strong intent that I'm crossing to move to Canada permanently and not just visiting.. no?

 

[Newlife123]

Option 1: Enter via land border and hope you don't get reported. Consider:

• Once you entered successfully, best not to travel until you are back in compliance (so may be tricky with wrapping up your life in the US, you may need to get your spouse to help)
• If you have a SIN already, you can work
• Depending on the province, you may not be able to get provincial health insurance without a valid PR card, so you will have to get private cover
• Similar story with a driver's license - note you are only supposed to drive with a foreign / inter provincial license for up to 90 days

If you do get reported at the border, best to not appeal and re-apply in my opinion, as it looks like you don't have strong H&C reasons

Option 2: Renounce and re-apply. Consider:

• Processing times for spousal sponsorship
• Additional costs

Thank you, will keep this in mind. I don't have strong HC reasons. A related question - is marriage to a Canadian considered under HC reason? i.e. if reported, can I appeal based on having a Canadian spouse?

 

[armoured]

I see.. so I guess it's not a good idea to apply for spousal PR immediately after marriage? I might have to bring my spouse over in the US for a year to live with me in that case..

It depends on your relationship and time together to date. I don't think living together for a full year is necessary, but I don't want to guess about your relationship etc.

Also curious why you mentioned about showing up at the border as a tourist w/o much stuff, if I'm trying to not get reported? I thought crossing the border with a lot of luggage would display a strong intent that I'm crossing to move to Canada permanently and not just visiting.. no?

I think I meant the show up as visitor in context of renouncing and getting sponsored anew, but I wasn't clear there. Ignore where it doesn't make sense, mea culpa.

 

[Besram]

Thank you, will keep this in mind. I don't have strong HC reasons. A related question - is marriage to a Canadian considered under HC reason? i.e. if reported, can I appeal based on having a Canadian spouse?

Your marriage is not really the reason for why you have been outside the country for so long, and you are not even married yet. So I doubt this would be accepted as a reason for why you could not fulfil your RO.

That said, your ties to Canada can be a factor in your favour during an investigation into your compliance. This can include being married to Canadian who resides in Canada. But the extent of your noncompliance is very significant, so I doubt that this single factor would be enough to outweigh your non-compliance.

So, I personally would definitely bring up your marriage to a Canadian spouse when questioned at the border (along with your strong intention to reside in Canada), but I would not lodge an appeal that relies solely on this fact - at least not without consulting with and explaining your situation to a lawyer (which to be clear, I am not).

 

[Newlife123]

Your marriage is not really the reason for why you have been outside the country for so long, and you are not even married yet. So I doubt this would be accepted as a reason for why you could not fulfil your RO.

That said, your ties to Canada can be a factor in your favour during an investigation into your compliance. This can include being married to Canadian who resides in Canada. But the extent of your noncompliance is very significant, so I doubt that this single factor would be enough to outweigh your non-compliance.

So, I personally would definitely bring up your marriage to a Canadian spouse when questioned at the border (along with your strong intention to reside in Canada), but I would not lodge an appeal that relies solely on this fact - at least not without consulting with and explaining your situation to a lawyer (which to be clear, I am not).

That makes sense. I would definitely weigh both options cautiously.

Having said that, if I am reported at the border and I decide to appeal it, and the appeal gets dismissed, would it negatively impact the future spousal sponsorship application?

 

[Besram]

That makes sense. I would definitely weigh both options cautiously.

Having said that, if I am reported at the border and I decide to appeal it, and the appeal gets dismissed, would it negatively impact the future spousal sponsorship application?

No, it wouldn’t as long as you comply with the removal order that becomes enforceable after the appeal.