Minors with unmet RO renewing PR card

[Nix.P]

Me and my 2 daughters came here in Canada back in 2005 and only stayed for 2 months. In 2008, I came back just by myself and left my kids back home due to personal reasons (I was really young and thought it would be better to send them money so I could send them to a nice school, etc.) Long story short, I decided to get them back here and they just arrived a few days ago. Their PR cards were long time expired and they were just issued travel documents to re enter canada. I never had any problems when we passed in the immigration at the airport, I was never questioned why they never met the RO.

Now, I was thinking of renewing their PR cards but I was informed that if I do that, IRCC will find out they didn't meet the RO and they will revoke their status then I will have to re-sponsor them. What's the best thing to do?

Before I applied for their travel documents, I was told by one of the IRCC reps I talked to over the phone that they are going to deny them for travel docs and will revoke their status then I could re-sponsor them. But I was surprised when they approved them for travel docs that's why I brought my kids back ASAP.

Is it safe not to renew their PR cards and just wait til they meet the RO and do it after?

Btw, my daughters' 17 and 12 yo.

Please help.

Thank you.

 

[Rob_TO]

But I was surprised when they approved them for travel docs that's why I brought my kids back ASAP.

Approval of the PR TDs overcomes the residency obligation. So you should apply for their PR card renewals immediately.

I believe the coding on the PR TD should be RC-1 for overcoming the RO due to H&C reasons (best interest of child in your case).

 

[Nix.P]

Yes, it was RC-1. I phoned IRCC to double check and mentioned they were given TD (didn't mention it was RC-1 though) to re-enter but they said they were approved bec in the system they're still PR. But once I file for PRC renewal, they will find out they didn't meet the RO and will revoked their status. I'm confused now.

 

[canuck_in_uk]

Yes, it was RC-1. I phoned IRCC to double check and mentioned they were given TD (didn't mention it was RC-1 though) to re-enter but they said they were approved bec in the system they're still PR. But once I file for PRC renewal, they will find out they didn't meet the RO and will revoked their status. I'm confused now.

Ignore the IRCC call centre. They are not trained for anything beyond the most basic questions.

As Rob said, the fact that they were issued PRTDs overcomes the fact that they do not meet the RO and you can immediately apply for new PR cards.

 

[Nix.P]

Thank you guys for the info.

 

[Rob_TO]

Yes, it was RC-1. I phoned IRCC to double check and mentioned they were given TD (didn't mention it was RC-1 though) to re-enter but they said they were approved bec in the system they're still PR. But once I file for PRC renewal, they will find out they didn't meet the RO and will revoked their status. I'm confused now.

Read here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf
16.3 Permanent resident status determination and issuance of permanent resident travel documents
In cases where the residency obligation is not met, it is required, as a next step, that officers
consider any evidence of humanitarian and compassionate grounds. This consideration must
take into account the best interests of a child directly affected by a negative determination.
Favourable humanitarian and compassionate considerations overcome any breach of the
residency obligation prior to the determination

18.3 Step 3. If application is approved, issue the travel document
In those cases where an applicant was approved on humanitarian and compassionate
grounds, the category to appear on the travel document counterfoil is RC-1.

 

[Nix.P]

Thank you, Rob!