Entering Canada few days before PR expires

[Eyasan]

I am planning to travel to Canada soon, but I am afraid that I will be making it only few days before my 5-years PR expires.

Knowing that the total number of days, which I stayed in Canada since landing is only 60 days, do I expect to face any issues upon arrival? like denying my entry or being somehow forced to exit canada before the actual expiry date.

Moreover, assuming I was able to enter and I stayed over the expiry date, would I face any difficulties to live? like enrolling my kids in school, searching for a job, registering a newborn, applying for a driving license, etc.

I am assuming that I will not be eligible for a PR renewal, that's why I have such concerns.

Thanks so much in advance for who can advise me.

Eyad

 

[RomanSPb]

You are not a permanent resident if you do not reside in Canada permanently. There is an obligation that requires you to stay in Canada for at least 730 days within 5 years period, otherwise your residency status can be revoked.
http://www.cic.gc.ca/english/newcomers/about-pr.asp
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

 

[Eyasan]

Thanks for your reply and for the links.

I understand that I will lose my PR if I failed to stay for 370 days before the expiry of the 5-years residency period.

But I still didn't get it if I will be denied entry upon arrival (before the PR expiry date).

I need clear answers to my two questions that I posted in my first inquiry.

Thanks for understanding.

 

[scylla]

You will not be denied entry into Canada if you arrived in Canada before the expiry of your PR card. However it's possible you may be reported by the immigration officer for failing to meet your residency obligation. If you are reported, you will be called to a hearing within 30 days where you will have to argue why you should be allowed to keep your PR status even though you have failed to meet the residency obligation. If you are not successful, your PR status will be revoked and you will be asked to leave Canada. Note that education and employment are not accepted a reasons for failing to meet the residency obligation.

 

[Eyasan]

Scylla, thank you very much for your advice...very helpful.

Frankly speaking, I did not make the permanent move because my family and I are well settled where we are now. I understand and respect the rules of Canada so I am already expecting the loss of my PR although I would love so much to maintain the PR being a Palestinain refugee with just a Travel Document.

So I am gonna give it a try to ask for an exception without arguing, but I will only say the truth.

 

[Rob_TO]

Moreover, assuming I was able to enter and I stayed over the expiry date, would I face any difficulties to live? like enrolling my kids in school, searching for a job, registering a newborn, applying for a driving license, etc.

Are your spouse/kids also PRs, and in the same situation? They could of course also be reported to CIC when crossing the border for not meeting eligibility obligations and could have PRs revoked.

If the newborn is not a PR and was not born in Canada, then will need to be sponsored. And you can't do this until you have fully satisfied your residency obligations and renewed your PR card, so is at least a 2 year wait before you can even begin the process.

 

[Eyasan]

My wife and I are PRs with one canadian citizen child.

Honestly, we could not sacrifice everything back home and move for good to Canada, it was just so difficult to take such step. Moreover, we would like to enter canada soon this year on a date that is around 2 weeks before the PR expiry date.

The purpose of this trip in specific will be for the birth of a new baby, we wish to have our baby born in canada so that she gets the canadian citizenship like our other child did. So the plan is to exit canada within around two months from entering.

So basically, we are worried that we will be denied entry at the airport because we haven't met the RO, yet as I mentioned before, our PR will still be valid by the date we arrive to canada. Assuming we enter smoothly, are we going to face any diffculties (once the PR expires) as an example in registerring our newborn? or in seeking health care for my pregnant wife?

Note: I am already planning to pay for all health-care needs of my family being without a health card since I never stayed in canada for long.

I appreciate your advice experts.

Thank you.

 

[Rob_TO]

My wife and I are PRs with one canadian citizen child.

Honestly, we could not sacrifice everything back home and move for good to Canada, it was just so difficult to take such step. Moreover, we would like to enter canada soon this year on a date that is around 2 weeks before the PR expiry date.

The purpose of this trip in specific will be for the birth of a new baby, we wish to have our baby born in canada so that she gets the canadian citizenship like our other child did. So the plan is to exit canada within around two months from entering.

So basically, we are worried that we will be denied entry at the airport because we haven't met the RO, yet as I mentioned before, our PR will still be valid by the date we arrive to canada. Assuming we enter smoothly, are we going to face any diffculties (once the PR expires) as an example in registerring our newborn? or in seeking health care for my pregnant wife?

Note: I am already planning to pay for all health-care needs of my family being without a health card since I never stayed in canada for long.

I appreciate your advice experts.

Thank you.

As was already explained to you, CBSA may report you and your wife to CIC for not meeting residency obligations when you try to enter Canada. You will still be allowed in, but if reported will need to go to a meeting with CIC where they would most likely revoke your PR status. You could then stay in Canada a couple years to appeal it (which would probably not be successful) or just leave Canada and accept that you are no longer PRs.

Not sure what advantage your kids having Canadian citizenship will be to you, since if you lose your own PR status you can't live in Canada anyways.

For healthcare, that will depend on what province you are moving to, and what their residency rules are for getting healthcare.

 

[ttrajan]

In Canada there is no immigartion check while going out, how they can check whether u r here for less than 2 years?
Countries like India have immigartion while going in and out.

 

[zardoz]

In Canada there is no immigartion check while going out, how they can check whether u r here for less than 2 years?
Countries like India have immigartion while going in and out.

Actually, they only need to reasonably believe that you may not meet the residency obligation requirements and report you. You must then show that you do... The examination of your residency can be done when you apply to renew your PR card.

http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/enf/enf02-eng.pdf - Section 11.8 (Balance of probabilities)

 

[Leon]

With a valid PR card, you can not be denied entry to Canada. You can be reported for not meeting the RO in which case you can appeal and this will allow you to stay in Canada for the duration of your appeal processing which will be more than the 2 months you are saying you are planning to stay. However, you will certainly lose your appeal and lose your PR if you had no H&C grounds for not meeting the RO.

Some provinces give newcomers and returning residents first day health care, however, as you are planning on leaving again in 2 months time, you would not be eligible but as you are planning on paying for your health care, that should be fine.

Without a health card, you can opt for a low cost free clinic + home birth with a midwife or go to a hospital and expect to part with a few thousand $.

A couple of things you say seem to contradict each other. You ask about settling in Canada, would you have problems etc. with an expired card, that you would love to be able to keep your PR and a couple of posts later, you say that you are well settled where you are and that this trip is only meant for the birth of your baby and that you plan to leave in 2 months. You can't have it both ways. If you want to have a chance to keep your PR, you should enter and stay. If you manage to apply for a drivers license and health care before your PR card expires, you would be ok. Even if you don't, you might be ok too. You might not be reported on entry. If you aren't, you and your wife can bring your PR back by staying for 2 years. You would in that case still be PR without valid PR cards and without meeting the RO. Therefore you can not apply to renew your PR cards or apply for anything else from immigration during that time. Once you meet the RO again, you would be able to renew your cards.

If you do get reported and appeal, if you didn't have a good reason for staying outside, you may lose your appeal. If you leave Canada after 2 months and don't even stay throughout the processing time, you will most definitely lose your appeal. If you lose the appeal, you lose your PR and would be asked to leave.

If you are really just planning on staying for 2 months and all you are worried about is if your child will get citizenship and whether you can get medical help for your wife, I can assure you that your baby will be Canadian if born in Canada regardless of your PR card being expired. If you can pay for the medical assistance, I am sure you can find a hospital to treat her and even if you can't pay, there are free clinics that might be able to help you.

 

[Eyasan]

Dear Leon, you actually gave me the full answer I was hoping to get and even more...so thank you very very much and of course thanks to the advices of everyone ...you were all so helpful.

The plan is to enter, have the baby born, hopefully all go ok, finally exit in approximately 2 months time. Based on this plan, I know I am gonna very unfortunately lose my PR. However, the citizenship I would have managed to secure for my children would hopefully make the effect of losing our PR (as parents) less painful.

Thanks again to everyone.

 

[sharedknowledge]

Dear Leon, you actually gave me the full answer I was hoping to get and even more...so thank you very very much and of course thanks to the advices of everyone ...you were all so helpful.

The plan is to enter, have the baby born, hopefully all go ok, finally exit in approximately 2 months time. Based on this plan, I know I am gonna very unfortunately lose my PR. However, the citizenship I would have managed to secure for my children would hopefully make the effect of losing our PR (as parents) less painful.

Thanks again to everyone.

Wouldn't the parents be entitled to Canadian citizenship by virtue of their Canadian children?

 

[zardoz]

Wouldn't the parents be entitled to Canadian citizenship by virtue of their Canadian children?

Absolutely not. I'm not aware of any "Western" country that allows that.

 

[Leon]

Absolutely not. I'm not aware of any "Western" country that allows that.

At least no country where babies get citizenship automatically for being born there. Such a law would open the floodgates of pregnant women showing up to give birth to "win" PR for themselves and their husbands.

There are however some countries in Europe, where citizenship is not based on birth country but on parentage, that would allow a foreign parent a visa based on a citizen child but in which case, the baby would not have citizenship in the first place unless the other parent was already a citizen or possibly a PR who had lived there for a number of years. Such a law would only have the purpose of allowing both parents to live near the child in case the parents are no longer together so spousal sponsorship is not an option.

The only thing Canada allows is that once the child is an adult, they can return to Canada, get a well paying job and sponsor their parents for PR.