Mum has expired PR, baby born outside of Canada, husband not sponsored yet.

[limitededition]

Hi!

I became PR back in 2010. Landed and stayed for a couple of months and came back cuz had already begun a degree program in home country. Then got married in home country in 2012, went back to Canada same year in July then came back for anniversary in 2013 for a few weeks. Went back and came back same year in December, 2013 for sister in law's wedding. Wasn't able to go back. PR expired in July 2015, with number of days only 548 completed. So now, in 2016, fully decided to go back and settle, I have a four month old baby born outside of Canada and also a husband who I want to sponsor. People tell me husband's sponsorship would be easier now as having a baby makes it genuine.

What should be the next step? How should we go about it? What does it look like? Really bad? No hope?? Please note, I have a valid drivers license and a bank account in Canada.

 

[zardoz]

Hi!

I became PR back in 2010. Landed and stayed for a couple of months and came back cuz had already begun a degree program in home country. Then got married in home country in 2012, went back to Canada same year in July then came back for anniversary in 2013 for a few weeks. Went back and came back same year in December, 2013 for sister in law's wedding. Wasn't able to go back. PR expired in July 2015, with number of days only 548 completed. So now, in 2016, fully decided to go back and settle, I have a four month old baby born outside of Canada and also a husband who I want to sponsor. People tell me husband's sponsorship would be easier now as having a baby makes it genuine.

What should be the next step? How should we go about it? What does it look like? Really bad? No hope?? Please note, I have a valid drivers license and a bank account in Canada.

If you are not currently in compliance with the residency obligation requirements, you should not attempt to sponsor either your child or husband. You will have to be physically resident in Canada to sponsor them. Are you currently in Canada, and if not, how do you intend to return?

 

[Bs65]

Having a bank account and driving licence really means nothing as anyone can have a bank account even a non resident and driving licences can be held by temp residents.

The fact that you have not met residency requirement and your PR card has expired is the real issue how are you going to return to Canada ? Are you applying for a PRTD document , are you from a visa exempt country which could make it easier to travel even without PR card.

PR status does not automatically expire but does complicate matters when outside of Canada and even more so when the ETA process comes in end September as mandatory to board a plane if not PR or a citizen. PRs cannot apply for an EtA so need PR card or a PRTD which may be challenge to complete as requires information about residence in Canada.

And as previous poster has said do not start any sponsorship application until you have resolved your residency obligation assuming you can do so, but in any case need to be resident in Canada in first place.

 

[limitededition]

Having a bank account and driving licence really means nothing as anyone can have a bank account even a non resident and driving licences can be held by temp residents.

The fact that you have not met residency requirement and your PR card has expired is the real issue how are you going to return to Canada ? Are you applying for a PRTD document , are you from a visa exempt country which could make it easier to travel even without PR card.

PR status does not automatically expire but does complicate matters when outside of Canada and even more so when the ETA process comes in end September as mandatory to board a plane if not PR or a citizen. PRs cannot apply for an EtA so need PR card or a PRTD which may be challenge to complete as requires information about residence in Canada.

And as previous poster has said do not start any sponsorship application until you have resolved your residency obligation assuming you can do so, but in any case need to be resident in Canada in first place.

Hi thanks for the replies! First off, what's an ETA? Secondly, how do I return to Canada now? Do you think they'd give me a PRTD? Thirdly, leaving my 4 month old baby behind, not exactly do-able!! Can't she be given a visa on humanitarian grounds to travel with me while I sort out my PR and later file an inland immigration for her and outland for my husband??

 

[Leon]

Hi thanks for the replies! First off, what's an ETA? Secondly, how do I return to Canada now? Do you think they'd give me a PRTD? Thirdly, leaving my 4 month old baby behind, not exactly do-able!! Can't she be given a visa on humanitarian grounds to travel with me while I sort out my PR and later file an inland immigration for her and outland for my husband??

eTA is a new electronic registration system for visa exempt people who want to fly to Canada. It is not going to be a strict requirement until this fall.

It is clear from your questions that you are not understanding that not meeting the RO for your PR not only puts your PR status at risk but also makes it impossible for you to sponsor your child and husband for now.

Now, your first hurdle is boarding a plane to Canada. If you are visa exempt, you may be able to do it without an eTA because it is not a strict requirement yet. If not, you will need a PR travel document. Applying for a PR travel document, not meeting the RO for no good reason really, it will be denied and you will lose your PR.

If you are visa exempt and manage to board the plane without an eTA or another loophole, get a US visa, fly to the US and enter Canada by land, your next hurdle is Canada immigration. Having an expired PR card and not meeting the RO, it is quite possible that they will report you for not meeting the RO as you enter. In that case, you can appeal it but without a good reason, you will lose the appeal and lose your PR and be asked to leave.

If you don't get reported on entry, you can in fact stay in Canada and revive your PR by staying for 2 years straight. However, you can not apply to sponsor your child and husband because if you do, you will be bringing yourself to the attention of immigration that you don't meet the RO. You may also have problems because of your expired PR card, you may have problems getting a drivers license for example.

As for bringing your child, if your child is visa exempt, you can bring her with you as a visitor but she will not have health care so you will have to have insurance for her. If she is not visa exempt, you can apply for a visit visa for her but it is not certain that they will grant it because as you are a PR, they may believe that your intention is not just a visit but to stay permanently and generally they are not supposed to grant a visit visa to a person who is not just going to visit.

 

[Rob_TO]

Hi thanks for the replies! First off, what's an ETA? Secondly, how do I return to Canada now? Do you think they'd give me a PRTD? Thirdly, leaving my 4 month old baby behind, not exactly do-able!! Can't she be given a visa on humanitarian grounds to travel with me while I sort out my PR and later file an inland immigration for her and outland for my husband??

From what you wrote, it sounds like the reason you stayed so long outside Canada was because of school and other personal reasons. These are most likely NOT H&C reasons to be in violation of the residency obligation. If you apply for a PRTD, most likely scenario IMO is they discover you do not meet the RO, deny the PRTD and revoke your PR status.

You had a choice to stay outside Canada, or return to Canada to stay in compliance with the RO, and you chose to stay outside Canada. So now the consequences of this are you will have an incredibly difficult time to make it back to Canada without being reported for RO violation, and to also sponsor your spouse and child.