Need help

[AmyM]

Hi
I am a permanent resident since 2004. I have been in and out of canada since and renewed my PR card in 2009. I left canada to get married and returned in 2011 when i got my daugter who is now a canadian citizen. I left canada at the end of 2012 to join my husband and havent been back since.
My Pr card expired in 2015. I have a son now and wish to move with my family back to canada to live.my entire family is in canada and are all citizens.
What are my options in order for me to move with them and sponsor my husband and 2yr old son?
Any help will be appreciated.

 

[Rob_TO]

Your options are not good, as you don't meet the residency obligation and hold an expired PR card. You basically have 2 options. neither of which are very good:
1. Apply for PR Travel Document to fly directly to Canada. Since you didn't mention any H&C grounds for not meeting the RO, this would most likely end in rejection and revoking of your PR status.
2. Fly to USA, and cross into Canada by land. If you are reported by CBSA for not meeting RO, this will also start process to revoke your PR status.
If you can get into Canada without being reported, then you must stay here 2 straight years without leaving before you're in compliance with the RO, and only then can apply to renew PR card and sponsor your family. If your family can get eTA or TRV they can visit with you in Canada during this time (so your husband won't be able to work). If they can't you'll be separated from them for 2 years.

If you attempt any sponsorship before back in compliance with RO, it will result in your own PR status being revoked.

 

[AmyM]

Thanks Rob. If you dont mind me asking, what are examples of H&C grounds?
I've been out of canada because my kids are too young to make the move alone.

 

[Rob_TO]

Thanks Rob. If you dont mind me asking, what are examples of H&C grounds?
I've been out of canada because my kids are too young to make the move alone.

Something like a serious documented medical condition of a family member, requiring you to stay in home country to care for them.

Your kids being young, is NOT a H&C reason. You could have moved to Canada with them to maintain your residency obligation. If you just stayed outside Canada to be with your husband or for employment, that is most likely not a H&C reason that would be accepted.

 

[spousalsponsee]

I've been out of canada because my kids are too young to make the move alone.

Just about all airlines will take children over two weeks old. You will have extreme difficulty arguing that you had to stay out of Canada for five years due to their age.

 

[AmyM]

Thank you. I appreciate your insight