Please advice regarding - PR on H& C ground

[rahul00]

I received my PR in 2005. We visted Canada once in June 2005 on PR and never went back. I and my family stayed in UK from that time and got UK citizenship in 2008. In Dec 2015 we decided to move to Canada on our old PR card as my mother who is Canada citizenship is very sick. On this H and C ground my application was approved for my family ( wife and son) when we were in Canada (does not states any condition). As we could not sell our property in UK. I and my family left Canada in month of Jan 2016.

While leaving Canada we applied for PR card. I and my son received PR card, But my wife PR card is on HOLD. My wife recieved a letter saying that as you have not completed PR condition, you card is on hold and should come for interview before 10 Sept in Ottawa.

We have sold our property and want to enter Canada

My question is " How my wife will enter canada as she does not have PR card." I think I and my son will be ok to enter. Should we all enter canada by road or should we travel seperate as non of us has complete PR obligation.

Can someone help me please.
Thanks
Rahul

 

[Bs65]

You might need to clarify exactly what conditions were placed on your H&C as you say you only left Canada in Jan 2016. Entering by road assumes you have a US visa unless you are visa exempt which could make it easier by plane before the ETA comes in end September.

Think need more background detail for anyone to comment given standard RO as you probably know is 2 out of 5 years so the Dec 2015 and Jan 2016 are confusing.

 

[zardoz]

I received my PR in 2005. We visted Canada once in June 2005 on PR and never went back. I and my family stayed in UK from that time and got UK citizenship in 2008. In Dec 2015 we decided to move to Canada on our old PR card as my mother who is Canada citizenship is very sick. On this H and C ground my application was approved for my family ( wife and son) when we were in Canada (does not states any condition). As we could not sell our property in UK. I and my family left Canada in month of Jan 2016.

While leaving Canada we applied for PR card. I and my son received PR card, But my wife PR card is on HOLD. My wife recieved a letter saying that as you have not completed PR condition, you card is on hold and should come for interview before 10 Sept in Ottawa.

We have sold our property and want to enter Canada

My question is " How my wife will enter canada as she does not have PR card." I think I and my son will be ok to enter. Should we all enter canada by road or should we travel seperate as non of us has complete PR obligation.

Can someone help me please.
Thanks
Rahul

In theory, she should apply for a Travel Document to come back to Canada. However, you may all be at risk of being reported again whichever method of return you choose to use. You got one free chance to return and stay in Canada. You appear to have wasted that by all returning to the UK within a very short time. It would appear that whatever H&C exemption you used may now be voided by leaving again.

 

[rahul00]

Hi

I am planning to go to Canada. I know I am in problem. but still i want to try.

Can Anyone suggest the best way to enter canada.

1) all three together
2) or I and my son travelling first and then my wife my road thru US.

Thanks
Raj

 

[Leon]

Hi

I am planning to go to Canada. I know I am in problem. but still i want to try.

Can Anyone suggest the best way to enter canada.

1) all three together
2) or I and my son travelling first and then my wife my road thru US.

Thanks
Raj

As your wife is the only one they know about to have a problem, it may be a good idea that you and your son travel first and then your wife.

However, keep in mind that just because you were allowed in Dec. through H&C, that gives you a free pass for not meeting the RO in the past but not in the future so immigration may well be ticked off and feeling you are thumbing your nose at them when you were allowed in Dec. but did not use your chance to stay in Canada and left again for 8 more months. You could have had a solicitor sell your property in the UK for you. Therefore, you could still get reported on entry as well as your son. You can appeal that if it happens.