New Year New Country

[Canada_soon2014]

Hi All,

Happy New Year!!

I am one of those unfortunate people in this forum who got the PRs but never able to made into Canada within time to fulfill RO.
Now I want to return back to Canada for good.

My current situation:
1. Me and my wife Canada PR holders (card expiring soon) but not in compliance with the RO.
2. Child born outside Canada, non-PR.
3. We all family members have visa exempt passports (and obviously outside canada)


Advice I need:
I am planning to take my chances and travel to Canada to see if I can be successfully allowed into Canada, and then I can sit tight for 2 years in order to get RO in compliance.

However I have following concerns.


1. Shall I travel with family?

Pros: IO will see this as a positive sign, as we whole family unit are serious and looking forward to settle down in Canada.
Cons: Me n my wife have PRs, but child doesn’t. This might flag something to the IO and he might look further into my case and may deny entry or report us.

2. Shall I travel alone?

Pros: cost effective, just need to buy one ticket and see how it goes at the airport. If I am through I can book next day flight for my wife n child to join me in Canada as well.
Cons: maybe my wife kids wont be lucky, and they get reported by the IO. And this will END the whole dream.

3. Shall I or WE enter Canada via USA land border, with family and friends. So he dont look into too much detail as we are with Canadian family...or even if IO notice my incomplete RO..but he might let us in due to H&C grounds as we have family friends in Canada?

Pros: heard land IO are less interrogative
cons: need to seek USA visa..more hassle etc, not cost effective

Guys I know you must be tiered of us newbies asking same questions again n again. But I really need some guidance here so I can plan accordingly.

Need to give a better future to my kids n family

Any guidance from you gems will be really appreciated.

Thanks alot!!

 

[manal2]

First of all, no airline can board your kid without visa or PR. Moreover, land border officer will not let the kid pass without visa or PR. If you try to sneak the kid into Canada without the knowledge of IO, this will be trafficking which is a very very very serious crime. DO NOT try to do it as this could make you lose your status easily.
The best way is to go to the Canadian visa office and get a visa or travel document for your son. As long as you have a valid PR, IO cannot turn you back.
You may also get a visa for the kid and travel through US land border.
Wish you the best

 

[Canada_soon2014]

Thanks for your reply.
we have visa exempt passport (including child).
So I dont need to apply for TRV or TRP for my child in order to get my child into Canada.

Can someone else please advise.

 

[Leon]

Being able to enter while not meeting the RO depends entirely on getting lucky with the IO. It also depends on your reasons for staying outside. If you have humanitarian grounds like taking care of sick grandma, the IO might let you pass without reporting you and if you were to get reported, you might even win an appeal. If you stayed however because of a job, that would not be considered humanitarian grounds.

As for coming together or separately, I guess you are right that if you come separately it is possible that only one of you gets reported and if you come together, you will either both get reported or neither of you. If only one of you gets reported, it is a possibility for the reported person to appeal and for the not reported person to sit tight in Canada during the appeal processing. By the time the appeal is finished, the one who did not get reported probably meets the RO already and if the reported one loses the appeal and is asked to leave Canada, the other could sponsor him/her again.

Your kid will not need a visa for now but unlike you and your wife who are still PR and can legally stay in Canada, your kid will only get a 6 month visa. If you get in without getting reported and then try to sponsor your child, immigration will see from your address history that you don't meet the RO and this will most likely cause an investigation into your own PR. The sponsorship is also likely to get delayed. As a visitor, your child will probably not get health care or other benefits.

As for yourself, you would be ok in most cases with an expired PR card but make sure you take care of your health card and drivers license before it expires.

 

[Canada_soon2014]

Hi Leon,

Thanks for your response.

So the best bet is to travel separate.
First I go, than followed by mrs n child. However in case they question my mrs about the child, what shall we say??

"He is here only for visit for less than 6 months" or "We going to arrange his sponsorship while he is inside Canada" ..is it ok to say like that?

Have you seen any similar examples, who managed to get through successfully?

 

[Leon]

Hi Leon,

Thanks for your response.

So the best bet is to travel separate.
First I go, than followed by mrs n child. However in case they question my mrs about the child, what shall we say??

"He is here only for visit for less than 6 months" or "We going to arrange his sponsorship while he is inside Canada" ..is it ok to say like that?

Have you seen any similar examples, who managed to get through successfully?

I have heard of similar cases where people were allowed to enter and even in a case of a child that was not visa exempt being granted a TRP at the border in order to enter. Ideally you shouldn't lie to immigration and definitely not in a way that they can prove you were lying like saying you meet the RO when you don't. When they ask you how long you are planning to stay, you can however say you are undecided, a couple of months maybe. Or you can say you have come for good. However, if you say you have come for good, they might be more likely to want to report you for breach of RO than if you say you are just visiting. It is up to you.

 

[Canada_soon2014]

Thanks!

Our PR cards are not expired yet, still have few months validity.

So my wife n child can say we are here for limited time than will go back until his sponsorship is successful.

How about me? f I am traveling separately, and being asked by IO, shall I also say few months? or tell clearly I am here for good?

Please advise

 

[Rob_TO]

Thanks!

Our PR cards are not expired yet, still have few months validity.

So my wife n child can say we are here for limited time than will go back until his sponsorship is successful.

How about me? f I am traveling separately, and being asked by IO, shall I also say few months? or tell clearly I am here for good?

Please advise

You can't sponsor your child until you are in compliance with the RO. So that means if you and your wife enter Canada without being reported for RO, then you can stay in Canada for 2 years (without leaving) and then apply to renew your PR cards. Only then can you qualify to sponsor your child. During those 2 years, your child will need to stay in Canada as a visitor so you'll need to keep requesting to extend his status.

If you leave Canada during those 2 years for any reason, you will for sure have your RO investigated since starting this March with new eTA system coming into place you will be forced to apply for a travel document to board any airline to Canada if you don't have a valid PR card on you.

 

[fifty9755]

Being able to enter while not meeting the RO depends entirely on getting lucky with the IO. It also depends on your reasons for staying outside. If you have humanitarian grounds like taking care of sick grandma, the IO might let you pass without reporting you and if you were to get reported, you might even win an appeal. If you stayed however because of a job, that would not be considered humanitarian grounds.

As for coming together or separately, I guess you are right that if you come separately it is possible that only one of you gets reported and if you come together, you will either both get reported or neither of you. If only one of you gets reported, it is a possibility for the reported person to appeal and for the not reported person to sit tight in Canada during the appeal processing. By the time the appeal is finished, the one who did not get reported probably meets the RO already and if the reported one loses the appeal and is asked to leave Canada, the other could sponsor him/her again.

Your kid will not need a visa for now but unlike you and your wife who are still PR and can legally stay in Canada, your kid will only get a 6 month visa. If you get in without getting reported and then try to sponsor your child, immigration will see from your address history that you don't meet the RO and this will most likely cause an investigation into your own PR. The sponsorship is also likely to get delayed. As a visitor, your child will probably not get health care or other benefits.


As for yourself, you would be ok in most cases with an expired PR card but make sure you take care of your health card and drivers license before it expires.

hello leon.. happy new year! im on the same situation..i was gone for more than 3 years but i got in without getting reported now i already meet the 2 years PR obligation but im kinda nervous about renewing my card because they will see on my application i was gone for more than 3 years, my reason was i finished my studies in college. will that be considered as HC grounds? is it a good idea to call the immigration and ask them what will be the possible problems i might face or just apply and wait? is there anyone you know who's on same situation as mine then renewed their PR card after meeting the 2 years PR obligation and got their new PR card without any problem? your response will be deeply appreciated..

 

[Leon]

hello leon.. happy new year! im on the same situation..i was gone for more than 3 years but i got in without getting reported now i already meet the 2 years PR obligation but im kinda nervous about renewing my card because they will see on my application i was gone for more than 3 years, my reason was i finished my studies in college. will that be considered as HC grounds? is it a good idea to call the immigration and ask them what will be the possible problems i might face or just apply and wait? is there anyone you know who's on same situation as mine then renewed their PR card after meeting the 2 years PR obligation and got their new PR card without any problem? your response will be deeply appreciated..

No worries. They may only look at the past 5 years previous to your application. If you spent at least 2 years in the past 5, it does not matter how many years you spent outside Canada before that.