Not lived for 2 years in 5 years

[Eylem]

Hi,
I became a PR in 2012 and lived in Canada less than 2 years during 5 years period.My PR card expired in 2017.I applied to a post graduate program and accepted.I got 2 kids both are Canadian citizen.I am planning to come Canada via rental car from US border.If they let me in I am wondering what type of problem I could experience?
1)Could I apply for Msp for my kids?Will they ask me where I were?Because I am not planning to apply for Msp?
2)Can I work?I still have a sin card.
3)Can I get benefits for my kids?
4)Would there be a problem if I fill tax return as I am obliged if I plan to live more than 6 months?
5)Can I get a driver’s licence?
6)If nothing happens then Will I be a person acted against law?I do not want to do unlawful thing.
Thank you...

 

[canuck78]

There are quite a number of potential problems with this scenario. You could be reported at the border for not meeting your RO especially since you don't have a valid PR card. It doesn't seem like yo have any valid H&C reasons for not completing your RO. You'll either have to appeal or leave. Have you checked to see whether you need a valid PR card to go to the college as a domestic student. I believe you need a valid PR card for a driver's license in BC. Yes you can work if you are able to reactivate your SIN if it has gone dormant while you were away. Children are usually under the family MSP. There is no mention whether you are married/common law and whether your "spouse" is Canadian. If you are the mother you may not have spent enough time in Canada if you had 2 kids in two years. Is there a reason you don't want to sign up for msp? Benefits could mean anything? If you work you must file a tax return an pay taxes. If you don't get reported it is not illegal to remain in Canada until you reach the 730 days.

 

[Eylem]

Thank you for your reply.I would like to ask some more thing.If I could spent 2 years and haven’t worked during this period.When I decided to apply for renewal will not any official ask me why I didn’t file a tax.As I know I have to fill tax if I live more than 6 months.I will still have incomes from my home country.
For driver’s licence I checked they require bcid card for id card.I do still have it.
For college I provided CoPR and they just said I am accepted.Will there be another request for PR card in the future.
If I apply for MSP;I could do with CoPR,will yhrre be a possibility the officials and investigators report me to CIC to revoke me?

 

[canuck78]

Yes you have to file taxes and declare your worldwide income (including a partner's income if you have one or spousal support). If you are living in Canada and using the services you are expected to pay taxes on your worldwide income. No MSP should not inform CIC. It is unclear whether you had your 2 children in Canada and left or your partner is Canadian but not sure if you spent the required yearly amount of time to have your services paid for and not get in trouble with MSP. I would never trust what people say unless it is in writing. BC is one of the provinces that makes it a bit harder for people without valid PR cards. The bigger issue is that you could easily get stopped at the boarder and be reported for not meeting your RO.

 

[Eylem]

I am not divorced but my husband disn’t want to settle in Canada.He is also PR but I was the principal applicant under skilled worker class.That’s why I couldn’t settle either.I got several attempts to get licensed as an health professional.I took exams and passed.I did my best but when your kids are very young you dın’t have courage to decide on your own.I applied for msp when I first came and it has cancelled because I didn’t spent enough time in Canada and pay Health service bill to MSP and hospital.In my second birth I didn’t go through msp and paid my own expenses.I didn’t apply for driver’s licence or I didn’t work either.My SIN record could easily show that there is no work record.If there might be serious problems I do not want to take risk.In fact I was planning to come and keep my licensure process as an health professional.There are some steps including practical training which also requires a valid work permit.I will be coming with 2 kids ,all under 6 years old.There are huge redponsibilities including taking care of them.I could choose taking exams and trying to enter for exam only.If I get reported and revoked then I could try to keep practical training with student visas work permit.What do you think?Which one makes sense and less risky?What is your suggestion.I am also having difficulty trusting whar people says.Sometimes there might be contrary comments.Thank you for your attention btw.

 

[scylla]

I assume you have your husband's permission to bring your children into Canada. You will need his written permission to cross the border with them.

To answer your question, if your PR status is revoked, you would need to leave Canada and then try applying for a study permit from outside of Canada. It's really impossible to say if that study permit will be approved. It may be approved. Or CIC may refuse it on the grounds that you aren't a genuine student but are attempting to use the study permit as a way of moving to and living in Canada. Again, very hard to say.

 

[vensak]

I am not divorced but my husband disn’t want to settle in Canada.He is also PR but I was the principal applicant under skilled worker class.That’s why I couldn’t settle either.I got several attempts to get licensed as an health professional.I took exams and passed.I did my best but when your kids are very young you dın’t have courage to decide on your own.I applied for msp when I first came and it has cancelled because I didn’t spent enough time in Canada and pay Health service bill to MSP and hospital.In my second birth I didn’t go through msp and paid my own expenses.I didn’t apply for driver’s licence or I didn’t work either.My SIN record could easily show that there is no work record.If there might be serious problems I do not want to take risk.In fact I was planning to come and keep my licensure process as an health professional.There are some steps including practical training which also requires a valid work permit.I will be coming with 2 kids ,all under 6 years old.There are huge redponsibilities including taking care of them.I could choose taking exams and trying to enter for exam only.If I get reported and revoked then I could try to keep practical training with student visas work permit.What do you think?Which one makes sense and less risky?What is your suggestion.I am also having difficulty trusting whar people says.Sometimes there might be contrary comments.Thank you for your attention btw.

It seems that you have a bit problem with taxes there. Thing is that even if you did not work, you were supposed to do taxes declaration in Canada. The only way how to avoid that is to become non tax resident. I am only assuming, but most likely because of the birth of the children in Canada (and I think you had to stay a bit after that before being able to get the necessary documents to travel), you were considered tax resident for that year. So even if you had no income you were still supposed to fill in the paperwork there.

As for your husband, it does not matter who was primary applicant and who was dependant (it would only matter if there was a spousal sponsorship and then it would matter first few years).
However for children, unless you have a sole custody to them (and this needs to be an official court decision), you cannot travel without written consent of their father.

 

[canuck78]

Also if you move does your husband realize he will become a taxable non-resident and his needs to be taxed by Canada? So is MSP also saying you didn't spend enough time after you 1st child's birth? When you reinstate MSP that will b a problem.