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Final move to Canada on PR - 3 years outside Canada about to finish

bluesaffron

Star Member
Nov 20, 2016
72
7
Hello Everyone!

I have a question regarding my planned move to Canada early next year. Well, it was not supposed to go this way, but looks like it will.
Please advice...

Current Situation:
Indian national living in the US.. H1B/ I140 , long eb2 line etc..
Myself - H1B. I have Canada PR. Landing was done on January 28, 2018. Stayed 2 days in Canada.
Spouse - H4. Never been to Canada. Was mentioned in my Canada PR application as non-accompanying spouse.
She has a Canada Visitor Visa ...(issued early this year before COVID-19 really hit the US/Canada)
Kid 1 - US passport (no visa for Canada, but have Indian Visa/OCI)
Kid 2 - Not born yet. Expected delivery date - late December, 2020.

I did my landing in Canada on January 28, 2018. Came back to US the very next day on January 29, 2018. So technically spent just 2 days in Canada.

Now, the 3 year period (out of total 5) in which I could stay out of Canada expires on January 28, 2021,
so I plan/want to make the move to Canada before January 28th., may be as soon as the new born and mother are healthy enough to make a road or flight trip (4-5 hrs).


For the 2nd Kid (assuming borns in late December 2020), I think I will not have enough time to get the kid's birth certificate, US passport and a Visitor Visa to India before January 28th.
If that were possible, my first preference was to have everyone (except me) fly to India from US., and I make the move to Canada before 28th January 2021.

So, I think my best option now is to move to Canada with my wife (her being on visitor Visa) and then have them fly to
India from Canada once we get Indian Visa stamped for the second kid in Canada.
Based on some research it looks like that a kid (under 16), can actually travel to Canada without a passport.. (just based on the US birth certificate).
Meaning, I am thinking to use that option if there is delay in receiving the US passport.
Does anyone has any experience/thoughts on this?


This is a big change / move, and I am really running on the edge of the timeline to maintain my residence obligation for Canada PR.
I wanted to run this by the members of this forum in case someone has some advice.

In my mind, the only risk I see is in entering Canada with my wife... as she will be on Visitor Visa, I will be on PR and the kids on US passport.
What do you all think?
Also, does anyone sees a risk for entering Canada with the 2nd Kid, who was not really part of the initial PR application
?
I think that should not matter, but good to ask here.

The best I can do is perhaps I will get a ticket to India for my wife and kids in advance, to show the immigration officer in case they asks for a proof of their temporary visit to Canada.

Thoughts?
 

harirajmohan

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Mar 3, 2015
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https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsor-our-us-citizen-child-inside-canada.246134/
Start talking to immigration lawyers as things more than just complex if you dont want to miss any steps in the process.

But one thing you should do is, start sponsoring your spouse and child immediately. I dont get why and how you are just waiting for something to happen in US. Always you should have your documents ready irrelevant of using them. At least start applying now, let it come later and plan on other things.

May be you can ask in main threads where more people participate(other than just H1 guys).
 

Vamsi539

Member
Jul 2, 2017
18
4
I don’t think the 3 year period starts from your landing date. It should be from when you got your PR card. Check the expiry date on your PR card and backtrack 2 years.

I am in the same situation and this is what I found based on my research in this forum.

Technically you are allowed into Canada as long as you have valid PR ( this could be the last day too). You can stay in Canada with a expired PR card but cannot apply for extension or citizenship until you meet the residency obligations. So if you don’t leave Canada during this period you should be ok. Again this is not advisable but is legal.
 

harirajmohan

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Mar 3, 2015
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PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
I don’t think the 3 year period starts from your landing date. It should be from when you got your PR card. Check the expiry date on your PR card and backtrack 2 years.

I am in the same situation and this is what I found based on my research in this forum.

Technically you are allowed into Canada as long as you have valid PR ( this could be the last day too). You can stay in Canada with a expired PR card but cannot apply for extension or citizenship until you meet the residency obligations. So if you don’t leave Canada during this period you should be ok. Again this is not advisable but is legal.
Its from the landing date. PR card is merely a travel document, its nothing to do with your status or a proof that you are a PR.
Landing is nothing but confirmation of your Permanent residence. Once can live without PR card and can apply for citizenship because your PR status starts only from landing, not from your PR card issuance date.
 
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scylla

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I don’t think the 3 year period starts from your landing date. It should be from when you got your PR card. Check the expiry date on your PR card and backtrack 2 years.
Incorrect. This is a common misconception. It's from the landing date.

The expiry date of the PR card is irrelevant for calculating the residency requirement.
 

bluesaffron

Star Member
Nov 20, 2016
72
7
https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsor-our-us-citizen-child-inside-canada.246134/
Start talking to immigration lawyers as things more than just complex if you dont want to miss any steps in the process.

But one thing you should do is, start sponsoring your spouse and child immediately. I dont get why and how you are just waiting for something to happen in US. Always you should have your documents ready irrelevant of using them. At least start applying now, let it come later and plan on other things.

May be you can ask in main threads where more people participate(other than just H1 guys).
Thanks for your reply ...
I don’t think I can apply for anything at the moment ...
I can’t apply for sponsoring my wife and kids because I am not in Canada at the moment. Unless you think it’s possible somehow ?
I think my hands are really tied ...
I had plans to visit Canada with my wife in the upcoming months , but because of this recent ruling on h1b travel ban and COVID-19 travel restrictions... things got a little odd.., (I have postponed one trip in month of March because borders got closed just 1 week befor the trip. and I have to postpone the next trip I planned for august because of this weeks h1b ban ruling. I do not have h1b visa stamped ) I would have sponsored them if I would have made any of these trips ...
I will also ask in the other thread/forum section as you suggested ... that’s a good idea too
 

scylla

VIP Member
Jun 8, 2010
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Category........
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Buffalo
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Pre-Assessed..
App. Filed.......
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AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for your reply ...
I don’t think I can apply for anything at the moment ...
I can’t apply for sponsoring my wife and kids because I am not in Canada at the moment. Unless you think it’s possible somehow ?
I think my hands are really tied ...
I had plans to visit Canada with my wife in the upcoming months , but because of this recent ruling on h1b travel ban and COVID-19 travel restrictions... things got a little odd.., (I have postponed one trip in month of March because borders got closed just 1 week befor the trip. and I have to postpone the next trip I planned for august because of this weeks h1b ban ruling. I do not have h1b visa stamped ) I would have sponsored them if I would have made any of these trips ...
I will also ask in the other thread/forum section as you suggested ... that’s a good idea too
PRs are not allowed to sponsor family members while living outside of Canada.

You must be living in Canada in order to apply to sponsor your wife and kids for PR. You must also meet the residency requirement at the time you submit the application to sponsor them. Additionally, you have to continue living in Canada while the application is being processed - only short trips outside of Canada are allowed or you'll be refused as a sponsor.
 

harirajmohan

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1. I can’t apply for sponsoring my wife and kids because I am not in Canada at the moment. Unless you think it’s possible somehow ?

2. I had plans to visit Canada with my wife in the upcoming months , but because of this recent ruling on h1b travel ban and COVID-19 travel restrictions... things got a little odd.., (I have postponed one trip in month of March because borders got closed just 1 week befor the trip. and I have to postpone the next trip I planned for august because of this weeks h1b ban ruling. I do not have h1b visa stamped ) I would have sponsored them if I would have made any of these trips ...
1. You are right.
2. Current ban doesnt affect you as you are in H1 status hence you can very well travel but you cant stay for longer than 30 days in Canada(or else you would lose status technically unless cbp just doesnt care and allows you inside).
Even though ban doesnt affect you but its the covid environment you should consider.
Seems more complex situation other than your travel documents but good that you are starting at least now to address the problem. Good luck.
PRs are not allowed to sponsor family members while living outside of Canada.

You must be living in Canada in order to apply to sponsor your wife and kids for PR. You must also meet the residency requirement at the time you submit the application to sponsor them. Additionally, you have to continue living in Canada while the application is being processed - only short trips outside of Canada are allowed or you'll be refused as a sponsor.
Ok. Thanks for the correction.
 

bluesaffron

Star Member
Nov 20, 2016
72
7
PRs are not allowed to sponsor family members while living outside of Canada.

You must be living in Canada in order to apply to sponsor your wife and kids for PR. You must also meet the residency requirement at the time you submit the application to sponsor them. Additionally, you have to continue living in Canada while the application is being processed - only short trips outside of Canada are allowed or you'll be refused as a sponsor.
Agreed!!.. Thanks!.. however, what exactly does this mean?

"You must also meet the residency requirement at the time you submit the application to sponsor them"

If I enter Canada before the 3 year ends (out of total 5).. meaning I still have the possibility to wrap up remaining 2 years in Canada, I hope I can sponsor them as soon as I enter the country (the beginning of 2 yr stay in Canada)... right?..
I hope you are not indicating to me that I have to complete these remaining 2 years before I could even sponsor them. :)
 

bluesaffron

Star Member
Nov 20, 2016
72
7
1. You are right.
2. Current ban doesnt affect you as you are in H1 status hence you can very well travel but you cant stay for longer than 30 days in Canada(or else you would lose status technically unless cbp just doesnt care and allows you inside).
Even though ban doesnt affect you but its the covid environment you should consider.
Seems more complex situation other than your travel documents but good that you are starting at least now to address the problem. Good luck.

Ok. Thanks for the correction.
for # 2 - Are you sure that I can travel? I think I can go out of US, but I cannot enter back in US because I do not have my visa stamped. I have approved I797, but not stamped on the passport. I was under impression that only those who currently have their Visa stamped can enter the US...
 

21Goose

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Nov 10, 2016
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Agreed!!.. Thanks!.. however, what exactly does this mean?

"You must also meet the residency requirement at the time you submit the application to sponsor them"

If I enter Canada before the 3 year ends (out of total 5).. meaning I still have the possibility to wrap up remaining 2 years in Canada, I hope I can sponsor them as soon as I enter the country (the beginning of 2 yr stay in Canada)... right?..
I hope you are not indicating to me that I have to complete these remaining 2 years before I could even sponsor them. :)
You will be able to sponsor them since you will be in compliance with the residency requirements if you enter Canada with more than two years remaining in the first five year period.

Regarding travel - it's a fast moving situation, so don't just take my word for it - but as far as I'm aware, the AVR route between Canada-USA is still OK. Search the forum and you will find threads of people discussing it.
 

bluesaffron

Star Member
Nov 20, 2016
72
7
You will be able to sponsor them since you will be in compliance with the residency requirements if you enter Canada with more than two years remaining in the first five year period.

Regarding travel - it's a fast moving situation, so don't just take my word for it - but as far as I'm aware, the AVR route between Canada-USA is still OK. Search the forum and you will find threads of people discussing it.
AVR route.. I see... Will research that... Thanks Sir!
 

harirajmohan

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for # 2 - Are you sure that I can travel? I think I can go out of US, but I cannot enter back in US because I do not have my visa stamped. I have approved I797, but not stamped on the passport. I was under impression that only those who currently have their Visa stamped can enter the US...
As others said, avr is not affected.

Yes you can reenter as you are a US resident(being inside the country) as of 12:01 24th.
https://www.murthy.com/2020/06/22/newsflash-trump-signing-executive-order-restricting-work-visas-including-h1b-and-l/

It would have affected you only if they have been abroad, which means that if you are yet to enter the country before the ban.

"your being in the US as of 12:01 am tonight means you’re not banned. "

But as you already have landed hence not sure on what essential purpose you would travel unless you make permanent move. But for shifting goods permanently you can certainly cross the border. Mostly in Jan this wont be there(i hope), will see but still you are not affected. Before that you would know the plan to resolve other main headaches but going to Canada is the last thing you should worry about it as its not an issue even if ban is extend in Jan.
 

scylla

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05-10-2010
LANDED..........
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Agreed!!.. Thanks!.. however, what exactly does this mean?

"You must also meet the residency requirement at the time you submit the application to sponsor them"

If I enter Canada before the 3 year ends (out of total 5).. meaning I still have the possibility to wrap up remaining 2 years in Canada, I hope I can sponsor them as soon as I enter the country (the beginning of 2 yr stay in Canada)... right?..
I hope you are not indicating to me that I have to complete these remaining 2 years before I could even sponsor them. :)
Yes, you are eligible as long as you re-enter Canada before the 3 years.