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File for PR renewal with H&C or just visa exempt status to go home?

Rasha

Hero Member
Apr 26, 2008
469
24
Hello Everyone,

I am a US Cit, with PR status from previous marriage, been in Canada for 23 years ! and never applied for Cit [I know!]. I remarried and that person is now a PR as well. I have three Canadian Children (21,19 and 3). I never left the country as frequently, until my US family members started passing away.

In keeping with the 5 year rolling window, I have been in the US since Dec 2013. We originally went to the US after my paternal grandmother passed away (we were going to go back to the US WITH her, but hubby's visapapers took too long to be approved and she passed away in the process of it. I was on mat leave [had the time off work] to deal with things, and deal with her estate. It really is a proverbial one thing happened after the other.

I had to take a job to support the family [hubby had applied for things, but got no bites to his resume. So he stayed home with the baby and the kids.] Just a month into working in 2014, we had a really bad car accident [that is still being processed and awaiting litigation]. That took the wind out of our sails, and there have been some unresolved medical issues for both hubby and I as a result, which we are learning to live with.

As we got back on our feet to get things together, in November of last year (2016), my husband's father passed away after a long illness and my husband traveled back to his home country to deal with family things, he was gone for a little over two months and we were now out compliance...not a month after he returned, I got a call that my dad passed away suddenly (2017) from a massive heart attack (unexpected). That required me to deal with things locally in the US as well.

As we were preparing to come back home before my middle son started college (he has Asperger's/Autism and ADHD and routine is HUGE), my health started to decline and I started seeing doctors for care etc... and ending up having surgery to remove my gallbladder (just removed this month). Because of the delays, we decided to let the kids finish out this term in school, before going back home to Canada.

So now I am knee deep in college application for the kids, looking for places we can live, and trying to put all of our ducks in a row to transition smoothly back into life back home. My company is an international company, and they want me to up in their Canadian office, as they need staff with my skills. They wanted me back sooner, but due to the surgery and other things, I have negotiated to go back for Jan 2018.

So now the question is how are we going to get back home? The kids are all Canadian and will have no issue crossing the border [they rely on me for financial support however, and I am their lifeline]. The older two have very limited relationship with their father, and I have never received child support of any type from him - (wasn't worth the hassle, I wanted the kids to be happy). My youngest is a Canadian Cit as well, and he will be starting preschool soon, he's only 4. He's the only child between my current husband and I.

From what I have read on the boards, we really have two options: we will be driving anyway (in two cars, one with Canadian Plates and one with American ones), 1. so cross with our US passports and Canadian Landing papers. (both of our PR cards expired while we were here), and wait for the time we need to get back into RO compliance, in order to apply for our PR cards; OR 2: Apply to renew the PRs with H&C (possibly through a lawyer, asking for expedited review). I don't think 4 months will be enough time for this to be complete though.

The bigger question will be what to say to the IO at the border?? Honestly, all I can say is that we are bringing our kids back home. Mitigating circumstances kept us out of the country longer than we would have liked [I have death certs for all three family members, records of our accident and medical visits etc.. and surgical records of my own surgery.] I am prepared to show them if needed. I will also have a psych assessment from my son's psychiatrist, speaking to his autism and need for routine and how difficult it was for us to come down here and now to return home. Obviously we are re-settling back home, and plan to stay there. Without sounding corny, I have no immediate family left in the US anyway......

I don't want to raise any flags to get us reported (biggest concern) but do feel that we have a substantial case to explain what happened to delay us returning sooner should we have detail it. Can anyone offer any suggestions???

Also to note: I was last in Canada Jan 2015. Husband was last in Canada May 2014.
 
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Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
1. so cross with our US passports and Canadian Landing papers. (both of our PR cards expired while we were here), and wait for the time we need to get back into RO compliance, in order to apply for our PR cards;
This is a possibility only if you can enter Canada without being reported by CBSA, which is no sure thing.
If not reported you can stay in Canada 2 years to come back into compliance with the RO, but to pursue this route means you can't leave for any reason, for 2 straight years. So not even a day trip back to the US, no matter the circumstances. Any exit/re-entry could trigger being reported by CBSA which would waste all the effort.

OR 2: Apply to renew the PRs with H&C (possibly through a lawyer, asking for expedited review). I don't think 4 months will be enough time for this to be complete though.
This is also possible. Note that you don't require the PR card to work as long as you have a SIN. So even if the PR card renewal app on H&C grounds is taking a very long time, you can still start your job whenever.

The bigger question will be what to say to the IO at the border?? Honestly, all I can say is that we are bringing our kids back home. Mitigating circumstances kept us out of the country longer than we would have liked [I have death certs for all three family members, records of our accident and medical visits etc.. and surgical records of my own surgery.] I am prepared to show them if needed. I will also have a psych assessment from my son's psychiatrist, speaking to his autism and need for routine and how difficult it was for us to come down here and now to return home. Obviously we are re-settling back home, and plan to stay there. Without sounding corny, I have no immediate family left in the US anyway.
You have lots of H&C reasons for staying outside Canada, so the best advice when crossing the border is to bring EVERYTHING you possibly can. So death certificates, medical records, doctors notes, etc for everyone.

Basically 1 of 2 things will happen:
1. You'll have a formal assessment of your RO done at the border with a Ministers Delegate. If they accept your H&C reasons for not meeting RO, this will be noted on your file and you can enter Canada and immediately apply to renew your PR card.
If they don't accept your H&C reasons, you will be reported meaning process started to revoke PR status, allowed to enter Canada, and have 30 days to file an appeal. If you appeal on your H&C grounds, this may take a year or two during which time you can continue to live/work in Canada.
2. CBSA will simply wave you into Canada with perhaps a warning to watch your RO. You could then choose to submit a PR card renewal on your H&C grounds, OR you could wait for 2 years without leaving to come back into compliance with RO and guarantee PR card renewal success.
Again if PR card renewal on H&C grounds was rejected, you'd then need to go through appeal process.
 

Rasha

Hero Member
Apr 26, 2008
469
24
Thank you Rob. I appreciate the guidance and will prepare my dossier for crossing.

The kids are excited to go home (my middle son has had a true change of heart, which will make the move easier).

Best Regards!!

This is a possibility only if you can enter Canada without being reported by CBSA, which is no sure thing.
If not reported you can stay in Canada 2 years to come back into compliance with the RO, but to pursue this route means you can't leave for any reason, for 2 straight years. So not even a day trip back to the US, no matter the circumstances. Any exit/re-entry could trigger being reported by CBSA which would waste all the effort.



This is also possible. Note that you don't require the PR card to work as long as you have a SIN. So even if the PR card renewal app on H&C grounds is taking a very long time, you can still start your job whenever.



You have lots of H&C reasons for staying outside Canada, so the best advice when crossing the border is to bring EVERYTHING you possibly can. So death certificates, medical records, doctors notes, etc for everyone.

Basically 1 of 2 things will happen:
1. You'll have a formal assessment of your RO done at the border with a Ministers Delegate. If they accept your H&C reasons for not meeting RO, this will be noted on your file and you can enter Canada and immediately apply to renew your PR card.
If they don't accept your H&C reasons, you will be reported meaning process started to revoke PR status, allowed to enter Canada, and have 30 days to file an appeal. If you appeal on your H&C grounds, this may take a year or two during which time you can continue to live/work in Canada.
2. CBSA will simply wave you into Canada with perhaps a warning to watch your RO. You could then choose to submit a PR card renewal on your H&C grounds, OR you could wait for 2 years without leaving to come back into compliance with RO and guarantee PR card renewal success.
Again if PR card renewal on H&C grounds was rejected, you'd then need to go through appeal process.
 
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