Entering canada with expired residency

[Nachan]

hello everyone,
I have a friend who’s situation is as follows:
- PR card expired a year ago.
- The person did not stay in canada 2 years out of 5 while the card was valid.
- The person wants to reenter canada while pregrant and the pregnancy is not visible.

1. Will the person be able to reenter the country?
2. If the person gives birth in the canadian soil will the baby get the canadian citizenship and will the person be able to renew her PR as well as get the father to join?

Thank you very much for the replies.

 

[scylla]

1. Yes - she will be allowed to enter Canada. However there's always some chance she will be reported at the border for failing to meet the residency obligation. If this happens, she will have to attend a hearing to argue why she should be allowed to keep her status.
2. Yes - the baby will be a Canadian citizen if born in Canada. No - the mother will not be able to renew her PR and sponsor the father to join based on having a citizen child. To renew her PR status and be able to sponsor the father, the mother will have to live in Canada for two years to meet the residency requirement first. Having a Canadian citizen child gives her no benefits.

 

[Nachan]

Thank you very much Scylla.
If I did understand well No 1 of your reply, there is a possibility of 2 results if the mother reaches the border:
1. Be reported, having to attend a hearing after 2 years of the date of entry and if approved, being able to sponsor the father.

2. Not to be reported, and be able to sponsor the father right away after finding a job and settling.

3. Will it be possible to find a job, work and lead a normal life in either situations?
Am I right?

Thank you again!

 

[Bs65]

Thank you very much Scylla.
If I did understand well No 1 of your reply, there is a possibility of 2 results if the mother reaches the border:
1. Be reported, having to attend a hearing after 2 years of the date of entry and if approved, being able to sponsor the father.

2. Not to be reported, and be able to sponsor the father right away after finding a job and settling.

3. Will it be possible to find a job, work and lead a normal life in either situations?
Am I right?

Thank you again!

1)not quite correct the way you have worded it. She could be reported at the border which could start the process the revoke her PR status subject to an appeal which will take some time in any case. So the appeal is not after 2 years but possibly any time within months to a year during which time she can stay in Canada.

Appeal process info here

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessResObl.aspx

2)if not reported she would still need to be in the country for 2 years before she can sponsor anyone given just the fact she manages to get into the country without being reported she still needs to meet the residency obligation. If she tries to sponsor someone before 2 years is up then this will flag to IRCC she has failed the RO starting the revoke process. Until the 2 years is up she should not even renew PR card.

3) sure assuming she has a Valid SIN she can work.

Not clear how she plans to get to Canada given without a PR card or PRTD she cannot board a plane so the US land border would be the only option. As a PR she would be entitled to enter the country even with an expired PR card, pregnant or not just not by plane. If holding a US passport some people have posted on here they have managed to get around the PR card requirement otherwise it’s land border only.

Also she should look into health coverage for the pregnancy given depending which province she is heading for there could be a residency waiting period to qualify as well being able to show entitled as a PR.

 

[canuck78]

Also she should be prepared that her husband will likely be unable to join her for the birth of the baby unless he already has a visa or is from a via-exempt country. Depending on whether she arrives and works for a a certain number of hours she would not qualify for maternity benefits. Her husband will not be able to apply for a TRV because that will trigger investigation into her file.

 

[scylla]

2. Not to be reported, and be able to sponsor the father right away after finding a job and settling.

It's important to clarify this point. No - she will not be able to sponsor the father right away. She will have to live in Canada for two straight years before she will be able to submit an application to sponsor the father. If she tries to sponsor the father earlier, his application will be refused and CIC will begin processes to revoke her PR status.

If she wants to try to return to Canada, she has to be prepared to be separated from the father for 2 years.

 

[mpsqra]

hello everyone,
I have a friend who’s situation is as follows:
- PR card expired a year ago.
- The person did not stay in canada 2 years out of 5 while the card was valid.
- The person wants to reenter canada while pregrant and the pregnancy is not visible.

1. Will the person be able to reenter the country?
2. If the person gives birth in the canadian soil will the baby get the canadian citizenship and will the person be able to renew her PR as well as get the father to join?

Thank you very much for the replies.

sorry for her
tell your friend she does not need to get birth in Canada, she has lived out of Canada for a while
permanent residency means live inside not outside
bonne chance

 

[canuck78]

It's important to clarify this point. No - she will not be able to sponsor the father right away. She will have to live in Canada for two straight years before she will be able to submit an application to sponsor the father. If she tries to sponsor the father earlier, his application will be refused and CIC will begin processes to revoke her PR status.

If she wants to try to return to Canada, she has to be prepared to be separated from the father for 2 years.

Realistically she should prepare for 3 years of separations because she will likely have to sponsor him outland which will take a year and she will have to be in Canada during that period. Yes she can take a week or two vacation but she will likely end up in secondary review for her PR card which complicates travel because you may not be able to get a prtd in 2 weeks in some locations.