How to provide proof of Canadian business employment, if you are the owner?

[ansh2017]

(I suspect this PR is already not eligible for health care coverage, based on lack of residency or presence, and thus would be committing fraud if he uses the Provincial health care coverage)

He had paused his PR in 2013 due to the same reason, MSP had offered that he can pause and start again later. Now in 2017, he started it again, and his card was issue for Sept 2017 and my mom was sponsoring it, as in added a new application. MSP suggested that to us. And because MSP was paused for 4 years, they said it cant just restart, but we can apply new application under mom and everything will remain same as old card.

Question: When giving up PR, and then with new PR, does his medical record can be transfered to his new card? or like what happened above, it will remain the old account but new card?

My understanding is that the SIN remains valid. If not used for a long while, it may be considered inactive, but that just means the individual needs to re-activate it with CRA. IRCC really is not involved in this. And, indeed, the individual could continue to file tax returns in Canada and keep the SIN active.

That helps in us looking at option of giving up PR status. As for business, we can perhaps move ownership under mom if dad gives up his PR and transfer back later.

Main reason was trying to get orders in India was manufacturing costs are very low there, and us being low-income family, this is huge factor for us. But as I said, we are on the verge of orders (he still works on the name of canadian company) and our plan is to expand in Canada, with our some experience in manufacturing it helps us to expand.

For the most part, a past breach of the PR Residency Obligation does NOT matter. A past breach has NO direct effect on a PR's status. Once a PR is in compliance with the PR RO, for sure a past breach is NOT relevant.

Thanks for clarifying this as well. Just making sure, for new PR (mom sponsor), also they wont look at his old record, right?

Caveat, an obvious caveat: if there is any indication of prior misrepresentations, whether in the citizenship application or in statements to CBSA upon arrival at a POE when returning to Canada

One potential problem, however, is if the PR is currently NOT in compliance with the PR RO, there is the risk, a real risk, when the PR next returns to Canada the PR might be reported upon arrival at the POE. There is this risk even if the PR is still carrying a valid PR card, and even though the PR has previously returned to Canada without being examined as to PR RO compliance.

Generally the more recent the PR was in Canada (that is, the shorter the time abroad during last absence), the lower the risk of being examined regarding the RO. Similarly, the more frequently the PR has come and gone, the lower the risk. Caveat: if, however, there is a pattern of coming and going which in effect outlines or suggests the PR lives abroad and only visits Canada, this can easily trigger a PR RO examination at the POE despite frequent trips and despite having been in Canada very recently.

For these above mentions about being reported at POE, may I know how this works? Because from my experience (as in when I have gone for trips), when I return (We live in Vancouver), I fill out customs form and put it in the automated machines setup which also scans the PR card, then while exiting an officer checks the PR card for a brief moment and out I go.

So, now for my dad, at which point can he be examined at POE? His last trip was this Oct. He was going to stay but an urgent work call came and so he left on Dec 2. Before that, He came in May and left end of June. These are his recent trips for this year.

For H&C, he also taking care of my grandmother, who lives alone, after my grandfather passed away, she has been alone and is not well. I wonder if we can do something with this piece of info. Also he is still under contract (not FT employment) with a Canadian company since 2012. He worked for them 1.5 years (accumulative total, he worked in gaps) as engineering projects were in the market. But as the projects went away, he got no more contract work. But the employer hasnt let him go, neither my father has resigned.

 

[dpenabill]

I am not familiar with the particular residency requirements for health care coverage in B.C. Nor with the particulars of the care provided. (In Canada I have only been insured by OHIP, the Ontario Health Insurance Plan.)

For these above mentions about being reported at POE, may I know how this works? Because from my experience (as in when I have gone for trips), when I return (We live in Vancouver), I fill out customs form and put it in the automated machines setup which also scans the PR card, then while exiting an officer checks the PR card for a brief moment and out I go.

So, now for my dad, at which point can he be examined at POE? His last trip was this Oct. He was going to stay but an urgent work call came and so he left on Dec 2. Before that, He came in May and left end of June. These are his recent trips for this year.

These trips, and staying more than a month at a time, probably lower his risk profile. But as I attempted to illuminate before, any time a PR is in breach of the PR RO the PR is at risk for a PR RO determination. Quantifying that risk is very difficult. In my previous post I outlined some of the more salient factors which can influence the amount of risk.

A PR can be asked questions and subject to a PR RO determination in the course of any interaction with either CBSA or IRCC. Thus, every time a PR arrives at a POE to enter Canada, the PR might be asked questions about RO compliance.

Most PRs are never asked much at all about PR RO compliance at the border. I never was. But that is mostly because the information being screened upon arrival does not trigger concerns or questions about RO compliance. You and I did not get questioned because it appeared clear that we were PRs living in Canada and there was no reason at all to question PR RO compliance. It also appears, for example, that your father has not been challenged because he comes and goes often enough, and stays long enough, nothing triggers suspicion. But he is still very much at risk. The longer he has a pattern in which he is outside Canada significantly more than in Canada, the bigger the risk of an examination the next time. Moreover, the closer he gets to the PR card expiration date, the bigger that risk is likely to be.

But basically, any PR returning to Canada can be asked questions about how long he has been outside Canada, how much he has been in Canada, and if the examining officer has such questions (or if using a kiosk and the kiosk does not clear the traveler, so that an in-person screening takes place, and in the course of that screening that officer has such questions), the PR can be referred to a Secondary examination. In such a Secondary examination the PR may be asked detailed questions about PR RO compliance, and there are numerous reports suggesting that these days CBSA often uses a Residency Questionnaire of a sort, so that the traveler-PR needs to complete a questionnaire in writing and that is used to assess compliance with the PR RO. If this examination leads CBSA to conclude there is a breach of the PR RO, the Secondary officer will issue a 44(1) Inadmissibility Report, which in turn is usually reviewed then and there, by another officer who decides whether or not to issue a Departure Order. If this happens, the PR still gets to enter Canada, and has thirty days to start an appeal.


H&C grounds:

Making a case based on H&C grounds is another and itself a very big subject. H&C cases are always tricky (unless it is obvious there is no H&C case, which is not so tricky, just means that PR status is likely to be lost). The individual elements in the H&C case, and how they work, are complicated.

Odds of making a winning H&C case in a PR Travel Document application are NOT good.

Odds of getting a pass at the border based on H&C grounds are probably somewhat better, again dependent on some of the factors I previously discussed (total time in Canada in last five years looming large, for example), but probably still a tough, tough case to successfully make unless the extent of the breach is very small.

As I noted in my previous posts, in this situation the future probably depends mostly on whether he can return to and settle in Canada, stay in Canada. If he can do so without being reported, then it is straight-forward, come and stay, and wait until fully in compliance with the PR RO before doing anything more with CBSA or IRCC. If can come and stay but gets reported, it is worth doing that and making the appeal, so long as he can stay pending the appeal. Family plus settled in Canada, staying in Canada pending appeal, can significantly improve his odds of winning the appeal.

If he cannot stay in Canada, he can keep coming until they terminate his status. Then, when he is finally ready to come and stay, he can be sponsored again by his wife.

His past history will not hurt the sponsored PR application at all. As long as she is qualified to be a sponsor, and the relationship is genuine, it should be OK.

Warning: avoid making any misrepresentations. Misrepresentations would badly sabotage any of the options.

 

[ansh2017]

But basically, any PR returning to Canada can be asked questions about how long he has been outside Canada, how much he has been in Canada, and if the examining officer has such questions (or if using a kiosk and the kiosk does not clear the traveler, so that an in-person screening takes place, and in the course of that screening that officer has such questions), the PR can be referred to a Secondary examination. In such a Secondary examination the PR may be asked detailed questions about PR RO compliance, and there are numerous reports suggesting that these days CBSA often uses a Residency Questionnaire of a sort, so that the traveler-PR needs to complete a questionnaire in writing and that is used to assess compliance with the PR RO. If this examination leads CBSA to conclude there is a breach of the PR RO, the Secondary officer will issue a 44(1) Inadmissibility Report, which in turn is usually reviewed then and there, by another officer who decides whether or not to issue a Departure Order. If this happens, the PR still gets to enter Canada, and has thirty days to start an appeal.

Thanks. This makes me understand kiosks better now. This has been happening with him as well. That's why I wanted to know. In case they report, like others mentioned he can offer to renounce it voluntarily as well. So I think that's better option than appealing right?

If we renounce now (I saw he can do that online and apply for TRV at the same time if I got it right), and start sponsor PR application now, does that take 12 months to process as cic site mentions? What is average process time?

We basically want to know the safest and best option. It's better to be prepared before hand.

Edit:
So I looked at income guidelines for sponsoring PR. My mom doesn't meet that. We are low income family. So, is giving up PR and mom sponsoring new PR option goes out of the way now? And that we basically depend on full filling 730 days and renew PR? And hope for no report at entry and try our luck. Or USA land entry (for this, can he take bus to enter Canada?) Thanks for helping everyone.

Edit 2:
MNI is only for sponsorsing parents and grandparents I figured. For spouse is there any minimum income requirements? Thanks.

 

[scylla]

No minimum income requirement for sponsoring a spouse - however you cannot be on social assistance (i.e. welfare).