Trying to renew expired pr of my husband

[sonal18]

Hi
My husband had Canadian pr since 1997. He sponsored me in 2005.He has been travelling back and forth to middle east as he is in aviation and was not happy with job situation in Canada.I stayed in Canada for 3 years ( he was in middle east) and got citizenship. Initially he was renewing pr by entering Canada 6months until the rule changed. His pr expired in 2013 and I became citizen in 2015.As a rule I stayed in middle east for 2 years and applied for his renewal of pr. Its been 4.5 months now but no reply regarding his case .His parents , sister, kids , wife all are Canadian.
My Question is
1.how long can it take to get reply/pr renewal .
2. Can I move to Canada before we get reply for his PR to expedite the process ( family reunion) as I have already been with him in middle east for 2.5 years.
waiting for guidance
thanks
regards

 

[canuck78]

Doesn't really matter if his family are all Canadians and that he had to pay Canadian taxes on his income while his family lived in Canada and he lived in the ME. You will have to see if her gets PR because technically you moved to be with him not the other way around. The move should be based on the Canadian citizen's job for the PR to keep their status. You will have to see if the technicality is enforced. If he renounces his PR you can start sponsorship from the ME but it will likely take around 12 months.

 

[sonal18]

Doesn't really matter if his family are all Canadians and that he had to pay Canadian taxes on his income while his family lived in Canada and he lived in the ME. You will have to see if her gets PR because technically you moved to be with him not the other way around. The move should be based on the Canadian citizen's job for the PR to keep their status. You will have to see if the technicality is enforced. If he renounces his PR you can start sponsorship from the ME but it will likely take around 12 months.

Thanks a lot for reply
I had to move to ME because his pr was expired and it is said that if you stay with spouse for 2 years whose pr is expired then you can renew it ... considered as he is staying in Canada for 2 years .
He was paying his taxes till the pr expired 2013.
Please guide me what can be pros and cons of this case
Can my moving to Canada help his status as immigration take less time in case of family reunion
Thanks once again

 

[canuck_in_uk]

Thanks a lot for reply
I had to move to ME because his pr was expired and it is said that if you stay with spouse for 2 years whose pr is expired then you can renew it ... considered as he is staying in Canada for 2 years .
He was paying his taxes till the pr expired 2013.
Please guide me what can be pros and cons of this case
Can my moving to Canada help his status as immigration take less time in case of family reunion
Thanks once again

The fact that his PR card expired did not in any way mean he didn't need to pay taxes. He was likely still a resident for tax purposes until you left Canada and possibly even after.

No, moving to Canada won't affect anything. You just need to wait for IRCC to process the app.

 

[sonal18]

The fact that his PR card expired did not in any way mean he didn't need to pay taxes. He was likely still a resident for tax purposes until you left Canada and possibly even after.

No, moving to Canada won't affect anything. You just need to wait for IRCC to process the app.

Thanks once again for guiding me
He is in ME since 2013.Is he still suppose to pay taxes with expired pr.

 

[canuck78]

Thanks once again for guiding me
He is in ME since 2013.Is he still suppose to pay taxes with expired pr.

Yes, if his wife and children were living in Canada he needed to declare his income as family income. If your family is using services like healthcare, schools, roads, etc yes you are expected to pay taxes to pay for those things. You will have to wait for your application to go through and see what happens. The actual rule is that you can count the time with your Canadian citizen spouse towards the PR RO if the Canadian citizen needs to relocate. Your husband has been working in the ME for a long time and you joined him so that he could meet his residency obligation. Depends on how strict they are and whether they decide to enforce the rule.

 

[sonal18]

Yes, if his wife and children were living in Canada he needed to declare his income as family income. If your family is using services like healthcare, schools, roads, etc yes you are expected to pay taxes to pay for those things. You will have to wait for your application to go through and see what happens. The actual rule is that you can count the time with your Canadian citizen spouse towards the PR RO if the Canadian citizen needs to relocate. Your husband has been working in the ME for a long time and you joined him so that he could meet his residency obligation. Depends on how strict they are and whether they decide to enforce the rule.

I have one more question.in case I was studying and taken student loan and worked still he has to pay tax?

 

[canuck78]

I have one more question.in case I was studying and taken student loan and worked still he has to pay tax?

Yes. Don't both parents who live and work in Canada have to pay taxes? Your husband chose to work abroad to make more money but he still has to support his family who used all the services. I assume he also sent part of his salary to Canada to support his family. Why would only parents who work in Canada have to have their salary taxed that they use to pay the same bills? Once your children were no longer dependents and you moved out of Canada he might have been a non-resident for tax purposes but I don't know your personal circumstances. Depends on many things.

 

[sonal18]

Thanks a lot
My husband has valid visitor visa for USA .. can he enter Canada with expired pr expiry date 2013 and I am Canadian .

 

[canuck78]

Thanks a lot
My husband has valid visitor visa for USA .. can he enter Canada with expired pr expiry date 2013 and I am Canadian .

Your husband can enter as a PR. Since is out of status and has an expired RO he will likely be reported. You can argue your case at the border and say that you are waiting for new pr card. Your explanation will either be accepted or refused. If refused you can appeal in 30 days (might be 60). If you are waiting for the PR card why not wait versus complicate your life with more potential wait periods and problems.

 

[sonal18]

Thanks again
In your opinion (based on your knowledge) will he be eligible for pr travel document ...I understand all is in hands of IRCC... still want to be mentally prepared ..

 

[Bs65]

Anyone who is a PR outside of the country can apply for a PRTD. In your husbands case applying for a PRTD could accelerate the possibility his PR status being revoked for failing the RO given the questions posed on the form about residency etc, so as Canuck78 says why not wait out the PR card application. Ultimately decision is yours so check out the PRTD application to see what information is required to back up your case should he apply through that route

 

[sonal18]

Anyone who is a PR outside of the country can apply for a PRTD. In your husbands case applying for a PRTD could accelerate the possibility his PR status being revoked for failing the RO given the questions posed on the form about residency etc, so as Canuck78 says why not wait out the PR card application. Ultimately decision is yours so check out the PRTD application to see what information is required to back up your case should he apply through that route

Thanks a lot
We have already applied for travel document IMM 5524 application
Hope to get something positive
Due to job issue my husband is stuck in ME.
What best we could have done in this case?
Regards