4 years outside Canada, PR expiring in 10 months (Sep-2021) Shall i renounce my PR and reapply EE or Enter in Canada asap ?

[salahuddin2]

Hello All,

I have stayed 4 years and 2 months outside Canada after my initial landing. We are a family of 5 ...... 3 of us have PR and 2 younger kids do not have PR.
What are my options now ?

1- I am thinking to renounce our PR and reapply for EE/PNP for all 5 family members.
OR
2- Enter Canada alone asap, and then sponsor my younger kids. Can I sponsor my younger kids immediately after entering Canada? But this will jeopardize the PR of my wife which is expiring in Sep-2021.

 

[Buletruck]

Hello All,

I have stayed 4 years and 2 months outside Canada after my initial landing. We are a family of 5 ...... 3 of us have PR and 2 younger kids do not have PR.
What are my options now ?

1- I am thinking to renounce our PR and reapply for EE/PNP for all 5 family members.
OR
2- Enter Canada alone asap, and then sponsor my younger kids. Can I sponsor my younger kids immediately after entering Canada? But this will jeopardize the PR of my wife which is expiring in Sep-2021.

Only your PR card expires. Your status as a PR remains until renounced or revoked. In your case, unless you have compelling H&C grounds, there is a distinct possibility you would be reported for residency obligation.
For you second question, if you returned and we’re not reported, you would need to wait until you meet residency obligation before you could sponsor your children. That would mean potentially 2 years of separation.

 

[primaprime]

You should probably renounce it and apply from the beginning if you are still eligible. You could try to return to Canada, but are unlikely to be allowed to keep PR without very compelling humanitarian and compassionate (H&C) grounds. If you somehow made it past the border without being reported, you also wouldn't be able to sponsor the two youngest kids for two years until you got back into compliance.

 

[salahuddin2]

Only your PR card expires. Your status as a PR remains until renounced or revoked. In your case, unless you have compelling H&C grounds, there is a distinct possibility you would be reported for residency obligation.
For you second question, if you returned and we’re not reported, you would need to wait until you meet residency obligation before you could sponsor your children. That would mean potentially 2 years of separation.

1- I actually wanted to enquire about this. If you see, there is no such thing mentioned in CIC website or instructions that one will be reported in such a case. It actually says one can stay in Canada even with an expired PR. My question: Is this based on real observations or CIC has clear rules on reporting such a residency violation?

2- As per CIC website, there is no such requirement of completing 2 years of residency before being able to sponsor your children. Question: Is this a practice of past and is it possible that rules have changed because CIC does not mention it.

These are just candid questions, I hope you don't mind.
I will appreciate your response. Because much of my actions are dependent on these two points.

 

[alberta2019]

My journey was quite similar
I was out of Canada for too long but PR card was still valid
We as family had visa exempt passports but our child was born outside canada hence he had no pr
We took a chance to travel canada through US land border.
Fortunately we were allowed without being reported
I waited to complete 2 years in order to be back in compliance with residence obligation, renewed my PR, and then sponsored my child (who was already in Canada as visitor and later become out of status)
Canada is a great place, we are happy we took our chance to travel to canada instead of revoking our status and applying as a new applicant

 

[salahuddin2]

My journey was quite similar
I was out of Canada for too long but PR card was still valid
We as family had visa exempt passports but our child was born outside canada hence he had no pr
We took a chance to travel canada through US land border.
Fortunately we were allowed without being reported
I waited to complete 2 years in order to be back in compliance with residence obligation, renewed my PR, and then sponsored my child (who was already in Canada as visitor and later become out of status)
Canada is a great place, we are happy we took our chance to travel to canada instead of revoking our status and applying as a new applicant

Thats nice.. but my case is different as i will have to separated from my family if i attempt to cross borders. As two of my younger kids do not have PR.
Not sure what to do!

 

[primaprime]

1- I actually wanted to enquire about this. If you see, there is no such thing mentioned in CIC website or instructions that one will be reported in such a case. It actually says one can stay in Canada even with an expired PR. My question: Is this based on real observations or CIC has clear rules on reporting such a residency violation?

2- As per CIC website, there is no such requirement of completing 2 years of residency before being able to sponsor your children. Question: Is this a practice of past and is it possible that rules have changed because CIC does not mention it.

These are just candid questions, I hope you don't mind.
I will appreciate your response. Because much of my actions are dependent on these two points.

1. You can remain in Canada as a PR without a valid PR card, but first you need to get past the border, where you may be reported by the CBSA (not IRCC) for RO non-compliance. Non-compliance makes you inadmissible to Canada. Officially, it is called an A44(1) report. You will be issued a removal order and must appeal against it within 30 days on humanitarian and compassionate (H&C) grounds. See my guide to the residency obligation (link in signature) for further details about the process.

2. You must be in compliance with your RO to sponsor your children. To get back into compliance in your case, you must live in Canada for close to two full years if you somehow make it past the border without having an A44(1) report issued against you. If you are reported, any time in Canada waiting for your appeal is not counted toward your RO unless you succeed.

 

[salahuddin2]

1. You can remain in Canada as a PR without a valid PR card, but first you need to get past the border, where you may be reported by the CBSA (not IRCC) for RO non-compliance. Non-compliance makes you inadmissible to Canada. Officially, it is called an A44(1) report. You will be issued a removal order and must appeal against it within 30 days on humanitarian and compassionate (H&C) grounds. See my guide to the residency obligation (link in signature) for further details about the process.

2. You must be in compliance with your RO to sponsor your children. To get back into compliance in your case, you must live in Canada for close to two full years if you somehow make it past the border without having an A44(1) report issued against you. If you are reported, any time in Canada waiting for your appeal is not counted toward your RO unless you succeed.

Hi Primaprime,

1- What do you suggest in my case. Shall i take a chance of coming to Canada alone ?
2- If i get reported , what is the average time it takes to conclude the RO appeal ?
3- Any stats, as in how many people get reported. In my case, I could not come to canada because i was the sole caretaker of mother for first 3.5 years. And I mentioned the same thing in an email to IRCC before my first landing in Canada.

 

[primaprime]

1. You can always try to come alone if you want.
2. The timeline varies; anywhere from six months to a year is possible.
3. It's up to the CBSA officer at the port of entry. They could simply wave you through without any additional questions but given your lengthy absence I would say your chances of being reported are rather high. You can raise the fact that you were the sole caretaker for a parent in your H&C appeal.

 

[ajsg]

HI Author,

Just curious, what happened ultimately did you manage to come to Canada? Did you face any issues?
I'm in a similar situation and my PR Card expires in 2024 december while i can only move in by April/May 2023.