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Is the RO of a PR Applicable to Individuals of a Family Independently?

smrt

Member
Jun 26, 2008
12
0
Hello everyone,

Would greatly appreciate if anyone with experience in this matter can comment and answer some of our concerns.

A family of 4 (parents and 2 kids) became PR on 07/2019, went back home and stay there until now, but got divorced recently.

The father came back to Canada on 09/2023, and got a report from CBSA officer at the airport for not complying or not being able to comply with RO as will only be able to accumulate 10 months on 1st 5yr cycle and has 30 days to appeal. The mother and kids also came back to Canada on 09/2023 on a separate flight, the CBSA agent questioned them due to the long period outside of Canada, and after explaining the situation and conditions, in the end didn't issue or log a report, but advise them to seek a lawyer when attempting to renew their PRCards.

The father who was the principal applicant on PR application, claims that everyone in the family will be subject to the same destiny of his appeal. The mother is just concerned and wants to know:

1) Are mother and kids safe to stay and continue living in Canada since they didn't get any report from the CBSA officer that saw them regardless of what happens to the Father's appeal?

2) Are mother and kids able to wait until they meet the 730 days (meaning almost 2 yrs from 09/2023) to renew their PRCards, thus avoiding to renew them when they expire and avoiding further questioning about their RO during the 1st 5yr cycle?

Thank you so much for your time in helping clarify this.
 
Last edited:

YVR123

VIP Member
Jul 27, 2017
6,600
2,518
Hello everyone,

Would greatly appreciate if anyone with experience in this matter can comment and answer some of our concerns.

A family of 4 (parents and 2 kids) became PR on 07/2019, went back home and stay there until now, but got divorced recently.

The father came back to Canada on 09/2023, and got a report from CBSA officer at the airport for not complying or not being able to comply with RO as will only be able to accumulate 10 months on 1st 5yr cycle and has 30 days to appeal. The mother and kids also came back to Canada on 09/2023 on a separate flight, the CBSA agent questioned them due to the long period outside of Canada, and after explaining the situation and conditions, in the end didn't issue or log a report, but advise them to seek a lawyer when attempting to renew their PRCards.

The father who was the principal applicant on PR application, claims that everyone in the family will be subject to the same destiny of his appeal. The mother is just concerned and wants to know:

1) Are mother and kids safe to stay and continue living in Canada since they didn't get any report from the CBSA officer that saw them regardless of what happens to the Father's appeal?

2) Are mother and kids able to wait until they meet the 730 days (meaning almost 2 yrs from 09/2023) to renew their PRCards, thus avoiding to renew them when they expire and avoiding further questioning about their RO during the 1st 5yr cycle?

Thank you so much for your time in helping clarify this.
1) She hasn't been reported. She is fine to stay put (speically if she still has valid PR card and can still get her health card, SIN and driver's license). Her PR status is independent from her ex-husband's. Even if they haven't been divorced, PR RO is individual.

2) Yes. they are OK to wait till they meet their RO before applying for renew. As long as they do not travel outside until they have their new PR cards.

Once they have landed as PRs, they are individuals. There is no "principal applicant" onward regarding to their PR status or eventuallly applying for citizenship. It's not a "family unit" any more. That father was just claiming things that don't exist.
 

smrt

Member
Jun 26, 2008
12
0
Thanks for replying so quickly @YVR123

Mom has one more concern, ex-husband is claiming he now has to fill out an appeal form where he has to include other family members that were also included in the removal order, but hasn't shown mom the removal order indicating all of them were included, is it possible that the CBSA officer included everyone else of the family in such order of removal issued to the ex-husband? (keep in mind mom and kids didn't travel with ex-husband, nor got any notification or form when they arrived at the PoE)
 
Last edited:

YVR123

VIP Member
Jul 27, 2017
6,600
2,518
Thanks for replying so quickly @YVR123

Mom has one more concern, ex-husband is claiming he now has to fill out an appeal form where he has to include other family members that were also included in the removal order, but hasn't shown mom the removal order indicating all of them were included, is it possible that the CBSA officer included everyone else of the family in such order of removal issued to the ex-husband? (keep in mind mom and kids didn't travel with ex-husband, nor got any notification or form when they arrived at the PoE)
I am not familiar with removal order. I will let others comment.

But that's his ex-wife. She is NOT his family.
The children may be. still... It may be the best if he can show the actual removal order.