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landed immigrant, expired PRC, and 2 kids (1 born in Canada, 1 outside), best option to come back?

R

rockyTO

Newbie
Jul 13, 2017
5
0
Hello everyone,

I am a landed immigrant with an expired PRC (did not meet the PR requirements), and 2 kids, One was born in Canada while I was there (Canadian, 7yo), and the other born outside (not Canadian, 5yo). I want to come back to Canada and I am assessing the options I have in front of me and my family. I am planning to start a PhD program in Canada, and believe I can get accepted once I apply due to my credentials. Would love your advice.

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Here are what I think my options are:
1. I apply for a travel document (with kid 2) and they let me in, without the need to issue any specific permits for kid 2 beforehand. Once in I can apply for her sponsorship.
(question: realistic?)
2. I apply for a travel document, having issues some sort of visa (visit or temporary residence) for kid 2.
(question: what type of visa? And, is it possible to issue a visa for daughter 2 without raising questions at the CDN embassy about me?)
3. Either #1 or #2, but instead of a travel document, I come through the US border.
(question: is Travel Document easy to get?)

My assumptions:
1. Can't deal with husband until I am inside. Once I am in, I can sponsor him
2. I do not need any special documents at the border/embassy other than the one showing kid 2 is mine.
3. I can get a visit visa to US
 
Last edited:
Do you meet the PR residency requirement at this time?
 
Unless you have strong H&C grounds for not meeting the RO, you can't apply for a PRTD. Your only option to enter Canada would be to fly to the US and cross by land. There is still the possibility that you will be reported on entry, resulting in the loss of your PR status.

If you are able to enter without being reported, you will then need to remain IN Canada continuously for 2 years to once again meet the RO. You will NOT qualify to sponsor your family members during this time.
 
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canuck_in_uk said:
Unless you have strong H&C grounds for not meeting the RO, you can't apply for a PRTD. Your only option to enter Canada would be to fly to the US and cross by land. There is still the possibility that you will be reported on entry, resulting in the loss of your PR status.

If you are able to enter without being reported, you will then need to remain IN Canada continuously for 2 years to once again meet the RO. You will NOT qualify to sponsor your family members during this time.
Click to expand...

Oh ok. thanks a lot for the reply. Does "family members" also include kid 2? Assuming I can get in and not get reported, is the only path for kid 2 to wait outside 2 years then get sponsored?
 
rockyTO said:
Oh ok. thanks a lot for the reply. Does "family members" also include kid 2? Assuming I can get in and not get reported, is the only path for kid 2 to wait outside 2 years then get sponsored?
Click to expand...

Yes - family members includes kid 2. Correct - you won't be able to sponsor kid 2 for PR until you have lived in Canada for 2 years.
 
Assuming you stayed in your home country for personal reasons and not H&C ones (like severe illness of a family member), odds are applying for a PR TD will end in a rejection and revoking of your PR status.

Similarly if you attempt to enter Canada at USA land border, odds again are good CBSA would easily notice you don't meet the RO due to your expired PR card, report you, and again this would start process to revoke your PR status.

Your only chance is probably to "sneak" back into Canada without being reported. However this presents it's own extensive list of challenges:
1. You can't sponsor any of your family members for 2 years
2. You can't step foot outside Canada for 2 years, since you could be reported upon re-entry
3. You won't have a valid PR card for over 2 years, making it difficult to prove your PR status to places like a university or other government agencies
4. If your family requires TRVs to visit Canada and can't get them, you will be physically separated from them for 2 years
5. Even if your family did make it into Canada as visitors, your spouse would be unable to work and your non-PR kid may find it hard to go to school as a visitor (requiring a study permit and expensive tuition fees).
 
canuck_in_uk said:
Unless you have strong H&C grounds for not meeting the RO, you can't apply for a PRTD. Your only option to enter Canada would be to fly to the US and cross by land. There is still the possibility that you will be reported on entry, resulting in the loss of your PR status.

If you are able to enter without being reported, you will then need to remain IN Canada continuously for 2 years to once again meet the RO. You will NOT qualify to sponsor your family members during this time.
Click to expand...

Thanks for the answer.
 
Rob_TO said:
Assuming you stayed in your home country for personal reasons and not H&C ones (like severe illness of a family member), odds are applying for a PR TD will end in a rejection and revoking of your PR status.

Similarly if you attempt to enter Canada at USA land border, odds again are good CBSA would easily notice you don't meet the RO due to your expired PR card, report you, and again this would start process to revoke your PR status.

Your only chance is probably to "sneak" back into Canada without being reported. However this presents it's own extensive list of challenges:
1. You can't sponsor any of your family members for 2 years
2. You can't step foot outside Canada for 2 years, since you could be reported upon re-entry
3. You won't have a valid PR card for over 2 years, making it difficult to prove your PR status to places like a university or other government agencies
4. If your family requires TRVs to visit Canada and can't get them, you will be physically separated from them for 2 years
5. Even if your family did make it into Canada as visitors, your spouse would be unable to work and your non-PR kid may find it hard to go to school as a visitor (requiring a study permit and expensive tuition fees).
Click to expand...
Thanks for the response. I appreciate it.
 
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