PR expiry

[JAAFARM121]

Dear All,

, hopefully you can help me in my situtation . I have been out of Canada for about last 3 years since my landing in 2013, we spent only one week in Montreal. Currently, I am working in UAE, Dubai, I have three kids, and two of them were landed with me in 2013. The smallest one was born in august 2014. I have got him a Travel Visa document to enter to Canada which will mainly expire in March 2018.


Since that day, we have done the proper planning to integrate smoothly with the Canadian community. Such as register my kids in French school, and their French language now is perfect.


I could not meet the residency requirements as I tried my best to contact the employers there in Montreal to get a job, but I could not get any opportunity, especially the living cost there is very expensive. In addition I am the only supporter for my father and mother, especially their age is 68, and every time, I am thinking to leave them, I think twice about my immigration. I hope you understand my humanitarian concerns.

I will be very thankful if you can help me to clarify the following questions:


1- If I decide to go next year in June 2018, Will they allow me enters, into the Canada if only one year and couple of months left for PR card to be expired? some of my family members their prc will be expire in Sep 2018 and some of them july 2018


2- If they suspect in point (1), that I don’t meet the residence requirements, which will happens, especially my son has only visa ??what will happen in this case?


3- In case point (1), they will allow me to enter, can I live with an expire PRC? Can I


Sponsor my small child in this case? will i recieve any financial assisstance for my kids who have the PRC??


4- In case (3), after completing the 730 days; will I be subject to question about my absence by the officials, on applying for renewal? Also can I apply for a job there even if my PRC is expired?


5- If in the second point applies, and they reported me as I did not t meet the residency requirements, and ask me to appeal to keep my PRC? What will happen if I appeal? Do I have to leave the Canada in this case? Can i ask for legal help help there , and keep a lawyer to be my first line of contact with immigration department there?


6- What will happen with my small child with Visa? Can I sponsor him once I reached there? In case they reported me and have to appeal?? What will happen with my small child? What do you advice?


7- Is there any way to get the residence or extend the residence five years more in Montreal, without staying the 730 days?


For now these are my questions, I will be very happy if you can analyze my situation and help me guys .

Regards

 

[Binxia]

1) No, unless you can demonstrate motifs to admit you on humanitarian grounds (difficult). You need to show, when you enter, that you will be able to accumulate 730 days by the end of the expiration of your PR. If you want to enter while you never stayed in Canada and you have only one year left on your PR, then they will most probably refuse you. So you need to check right away, right now, when exactly you received your PR and when exactly it will expire. Calculate if you come to Canada right now, if you will accumulate 730 days. If the answer is no, your only chance is humanitarian grounds (again, difficult to prove), or apply again for PR... For more info on humanitarian grounds, see Baker c. Canada (M.C.I.)

2) Your son will not be able to enter Canada because he is a child and will have no one to take care of him while he is in Canada. All this is because you will get refused entrance (see point 1)

3) They will not let you in if you didn't respect the 730 days or will not be able to do so. If they do let you in, it would be on the basis of humanitarian grounds and, this part I am not sure, you will probably get a new PR card?

4) You cannot complete the 730 days if your PR will expired. They will block you at 1). So check very well how many days left on your PR.

5) You can appeal, but you better seek the help of a good immigration lawyer before you make a move.

6) You can sponsor him only if you are PR. Get PR first, then think about sponsor.

7) Humanitarian grounds

Hope it helps. All the above is only information and not legal advice. Good luck.

 

[Leon]

Dear All,

, hopefully you can help me in my situtation . I have been out of Canada for about last 3 years since my landing in 2013, we spent only one week in Montreal. Currently, I am working in UAE, Dubai, I have three kids, and two of them were landed with me in 2013. The smallest one was born in august 2014. I have got him a Travel Visa document to enter to Canada which will mainly expire in March 2018.

Hi, I hope you see this reply here. I could not reply to your message because your inbox is full.

To explain, once you land as a PR, there is no longer a main applicant. You and your wife are both equally PR which means she can also return to Canada and sponsor your child.