Expired PR

[Asking for advice]

We made landing in June 2013 , got PR cards and went back to a home country. The cards are valid till September 2018. In 2014 our youngest child was born so he doesn't have any Canadian status. We didn't move to Canada because my husband's father got cancer and eventually passed away.
Is there anything we can do now in order to keep the PR status?

 

[Rob_TO]

We made landing in June 2013 , got PR cards and went back to a home country. The cards are valid till September 2018. In 2014 our youngest child was born so he doesn't have any Canadian status. We didn't move to Canada because my husband's father got cancer and eventually passed away.
Is there anything we can do now in order to keep the PR status?

When specifically was he diagnosed, and pass away?

 

[Asking for advice]

Diagnosed in May 2017. Passed away in July 2017. Before he was diagnosed he felt really bad. He suffered also from diabetis and had biabetis foot and almost couldnt walk.After he passed away my husband's mother suffered from depression.

 

[Asking for advice]

We bought tickets in March 2016 and couldn't fly. Then again in June 2016 and couldn't fly. Since 2016 he felt bad but doctor told him it's due to diabetiss and his general conditions. He was diagnosed in May 2017 while the cancer was on a last stage so no treatment was applicable on that stage.

 

[Rob_TO]

We bought tickets in March 2016 and couldn't fly. Then again in June 2016 and couldn't fly. Since 2016 he felt bad but doctor told him it's due to diabetiss and his general conditions. He was diagnosed in May 2017 while the cancer was on a last stage so no treatment was applicable on that stage.

It's hard to say, it seems you could have returned anytime from June 2013 to late in 2016. Much of your absence from Canada since 2013 has been for personal reasons, not for specific family member illness.

Your son who is not a PR also adds complications. He would need an approved TRV to travel back to Canada.

Even if you attempt to re-enter Canada via USA land border, there is a chance you will be reported for not meeting Residency obligation. You can certainly present the family medical issues as a H&C reason, but there is no guarantee it will be accepted as much of your time outside Canada was well before the medical excuse.

One of either you or your spouse will need to be living in Canada in order to sponsor your child. Also you must be in compliance with the residency obligation with 2 years already in Canada, or have your H&C excuse officially accepted by IRCC, before you can sponsor him.

There are too many variables to know what will happen in your case.

 

[Asking for advice]

We are from country which needs Eta.

 

[Asking for advice]

We returned in 2013 and I got pregnant soon. After the child was born he had severe asthma which appeared mostly on cold weather , and a doctor recommended to wait some time before moving to a cold climate ( then we didn't know about the future). The asthma became better as a child grow up and now the child is healthy.
What can be a worst case scenario in our case if we entrance from US border ?

 

[canuck78]

The issue will be your son. You will have to anticipate not being able to sponsor him for 3 years at least. Just want to clarify that you are from a visa exempt country and only need an ETA. You clearly left while you were still pregnant so you planned to have your child abroad. There are many children with asthma in Canada so that is not a very valid reason for not moving to Canada. Your son's lack of Canadian PR will likely trigger CBSA to look at how long you have been out of Canada. Nobody can say for sure.

 

[Rob_TO]

We returned in 2013 and I got pregnant soon. After the child was born he had severe asthma which appeared mostly on cold weather , and a doctor recommended to wait some time before moving to a cold climate ( then we didn't know about the future). The asthma became better as a child grow up and now the child is healthy.
What can be a worst case scenario in our case if we entrance from US border ?

It could be seen as your personal choice to return to home country and have your child there. You could have also done so in Canada.

Worst case if you attempt to enter Canada via USA land border, you could be reported by CBSA if they notice you are not in compliance with RO and they don't accept your H&C reasons. If you're reported you can still enter Canada, but will need to appeal the decision. The appeal date may take 1-2 years, during which you can continue to live in Canada as PR. However if your PR is denied, your PR status is then terminated and you will be asked to leave Canada.

If CBSA does not notice your RO violation and lets you enter Canada, you will need to stay here for 2 straight years without leaving for any reason whatsoever. Only after 2 straight year here will you be back in compliance with RO, can renew your PR card, and can apply to sponsor your child for PR.

Note that with a valid PR card, there is no reason to enter via land border you could just as easily fly here with a valid PR card and your son with eTA. Same possible scenarios would apply at the airport or land border.

 

[canuck78]

Would be helpful if you clarified your home country. Feel like based on your questions it is likely India, Bangladesh or Pakistan which need a visa not an ETA. Perhaps you are living in the UK but your comment about colder climates makes UK unlikely.

 

[Asking for advice]

Is the usual process on board that an officer checks documents of every person who comes to Canada and asks what is the porpose of his visit and for how long he came? Then will I have to tell the truth that we came to stay in Canada? Can a child with ETA stay for 3 years legally in Canada ( I thought visitors can usually stay up to 6 months) so can an officer ask the child to live Canada in 6 months - and then we will have to live with the child?

 

[canuck78]

Yes border officers usually check the documents for every person. You have to be honest when asked a question by the border agent. Most of the time they already know the answer from their computer. ETA is just a travel document. Your child will need to extend their visitor status every 6 months.

 

[Asking for advice]

Does it mean we will have to leave Canada every 6 months and enter again from U S border?

 

[Rob_TO]

Does it mean we will have to leave Canada every 6 months and enter again from U S border?

No you can apply to extend visitor status while inside Canada. Extensions are not guaranteed, so it's possible one of the requests for extension could be denied and this would complicate things.

Also note the child may not be covered for healthcare for many years, depending what province you're in.

 

[canuck78]

Does it mean we will have to leave Canada every 6 months and enter again from U S border?

No you should avoid doing that because you could be refused entry. Apply online for extensions.