Son was born outside Canada after family got the PR card

[bingokhan]

Hello,

I am permanent resident of Canada who is now in Canada since Oct 2011. My first visit to Canada was in Aug 2008 with my wife and daughter and I returned in Sept 2008. My country of origin is India but I have been working in Saudi Arabia. I was blessed with a son after my return to Saudi Arabia. I had applied for Canadian visit visa for my son from Saudi Arabia that was turned down.

Now after returning to Canada, I have filed immigration of my son and waiting for its grant. My family is still in India and as soon as my son's immigration is matured, they will be joining me.

My question is that are there any returning problems anticipated for my family, as for now, they have been out of Canada for more than 3 years.

Thank you.

[wilson]

A PR should complete 730 days stay in Canada within 5 year period. It is a mandatory obligation.

[AllisonVSC]

If your wife loses her PR due to not meeting the residency obligations you might have to sponsor her again too. I am not sure, but they might consider letting her keep PR on H&C grounds if she had to stay out of Canada to care for your child due to the denied visit visa.

[Indigo]

When did you apply for your son and what is the timeline you are looking at? A year? Less?
Apply for a new visitor's visa for your son, you never know. Explain your other family members should join you in Canada as soon as possible because they are in danger to loose their PR because of the 2 out of 5 years rule, and that mother isn't willing to leave your son behind on his own. Also imply that your son, with his mother, will leave Canada as soon as immigration requires him to.
They like to be reassured that you plan on having him stay here legally and play by the rules. Let's hope it's not actually necessary he leaves Canada!

Your family will get into trouble for not meeting the 2 out of 5 year rule, which is a PR requirement. They will get in danger of losing their PR. Find a good lawyer and appeal. There are no guarantees, but I think you have a chance if you show a valid reason for them not having been in Canada, and can prove that you and your family want to stay here.

I'd actually not wait on the lawyer and find one now. You know you have some trouble coming for you, so I'd make sure I was prepared!

[wilson]

If your wife loses her PR due to not meeting the residency obligations you might have to sponsor her again too. I am not sure, but they might consider letting her keep PR on H&C grounds if she had to stay out of Canada to care for your child due to the denied visit visa.

I agree with AllisonVSC. If the PR status of the mother is lost, there is a chance under H&C grounds.

• Are the circumstances that led to the person's remaining outside of Canada compelling and
beyond their control?
• Was the person prevented from returning to Canada? Why? By whom or by what event?
• Are they now returning to Canada at the earliest possible opportunity?

Please see Op 10 : section A28(2)(c) specifically requires consideration of humanitarian and compassionate factors before a
determination can be made that a person has lost their permanent resident status. Only an
Immigration Program Manager, Deputy Program Manager, or Operations Manager is delegated to
make this determination. A determination that humanitarian and compassionate considerations
justify the retention of permanent resident status overcomes any breach of the residency
obligation for the five-year period prior to the determination.
In evaluating humanitarian and compassionate factors, the manager must take into account the
best interests of the children directly affected by any determination of their residency status or
that of their parents.