PR Residency Obligation

[Benny2021]

Hi All,

How are you doing?

Have the below questions, any help would be deeply appreciated.

My Situation:
Me and my wife landed in Canada on 28 May 2018 from USA. Once the landing process was complete, we had to return to USA on 29th May 2018 as she already started IVF treatment in USA and doctor asked us not to stop the medications in between. Since then we had been in the treatment to get pregnant till August 2020. Now that IVF pregnancy had started and we are under continuous doctor monitoring. Delivery Date is projected to be somewhere in May 2021 (which can be in start or end of May as they are not 100% sure). Expiry Date on our PR Cards = 10th July 2023. Have the below questions:

1. If I enter Canada by 1st July 2021, will i meet the PR RO as my PR Card Expiry is on 10th July 2023?

2. Can I request some extension / delay in entering canada based on my wife's previous medical treatment, current pregnancy and COVID situation / travel restrictions?

3. How can my new born baby in USA enter to Canada? Is there any visa requirement? and who should I contact to know about information regarding this?

4. If I miss my PR RO by a month, will my PR status be revoked?

5. Will they let me enter in to Canada due to my PR card being still valid,

6. If my PR status is revoked, when and where can I Appeal?

7. Will they allow my Mother to Canada if i take a visit visa for her from USA to take care of and support our Baby for some time?

8. I work for an organization in USA which also has a branch in Canada. If i get a letter from my employer that i work for a Canadian subsidiary company will my time in USA be counted towards Canada residency? If so how should i prove this?

Thanks! in Advance for your help.

 

[scylla]

Hi All,

How are you doing?

Have the below questions, any help would be deeply appreciated.

My Situation:
Me and my wife landed in Canada on 28 May 2018 from USA. Once the landing process was complete, we had to return to USA on 29th May 2018 as she already started IVF treatment in USA and doctor asked us not to stop the medications in between. Since then we had been in the treatment to get pregnant till August 2020. Now that IVF pregnancy had started and we are under continuous doctor monitoring. Delivery Date is projected to be somewhere in May 2021 (which can be in start or end of May as they are not 100% sure). Expiry Date on our PR Cards = 10th July 2023. Have the below questions:

1. If I enter Canada by 1st July 2021, will i meet the PR RO as my PR Card Expiry is on 10th July 2023?

2. Can I request some extension / delay in entering canada based on my wife's previous medical treatment, current pregnancy and COVID situation / travel restrictions?

3. How can my new born baby in USA enter to Canada? Is there any visa requirement? and who should I contact to know about information regarding this?

4. If I miss my PR RO by a month, will my PR status be revoked?

5. Will they let me enter in to Canada due to my PR card being still valid,

6. If my PR status is revoked, when and where can I Appeal?

7. Will they allow my Mother to Canada if i take a visit visa for her from USA to take care of and support our Baby for some time?

8. I work for an organization in USA which also has a branch in Canada. If i get a letter from my employer that i work for a Canadian subsidiary company will my time in USA be counted towards Canada residency? If so how should i prove this?

Thanks! in Advance for your help.

1. No - the PR obligation is based on landing date not your PR card date.
2. There is no way to request an extension in advance / proactively.
3. If your baby is born in the US, the baby will be able to enter Canada easily using a US passport.
4. No. However you should not apply to renew your PR card until you meet the residency obligation.
5. Yes. However it's possible you may be reported for failing to meet the residency requirement.
6. Your mother needs to qualify for the TRV independently. It's a bad idea to say that she is coming to take care of and support your baby. IRCC may view this as working without authorization. She should simply say she wants to visit for a short period as a tourist.
8. No, it won't count. In order to be able to count the time you worked outside of Canada, you would have first had to have been hired for a full time role in Canada and then at a later date (i.e. several months or years later) transferred to a temporary role in the U.S.

 

[scylla]

Hi All,

How are you doing?

Have the below questions, any help would be deeply appreciated.

My Situation:
Me and my wife landed in Canada on 28 May 2018 from USA. Once the landing process was complete, we had to return to USA on 29th May 2018 as she already started IVF treatment in USA and doctor asked us not to stop the medications in between. Since then we had been in the treatment to get pregnant till August 2020. Now that IVF pregnancy had started and we are under continuous doctor monitoring. Delivery Date is projected to be somewhere in May 2021 (which can be in start or end of May as they are not 100% sure). Expiry Date on our PR Cards = 10th July 2023. Have the below questions:

1. If I enter Canada by 1st July 2021, will i meet the PR RO as my PR Card Expiry is on 10th July 2023?

2. Can I request some extension / delay in entering canada based on my wife's previous medical treatment, current pregnancy and COVID situation / travel restrictions?

3. How can my new born baby in USA enter to Canada? Is there any visa requirement? and who should I contact to know about information regarding this?

4. If I miss my PR RO by a month, will my PR status be revoked?

5. Will they let me enter in to Canada due to my PR card being still valid,

6. If my PR status is revoked, when and where can I Appeal?

7. Will they allow my Mother to Canada if i take a visit visa for her from USA to take care of and support our Baby for some time?

8. I work for an organization in USA which also has a branch in Canada. If i get a letter from my employer that i work for a Canadian subsidiary company will my time in USA be counted towards Canada residency? If so how should i prove this?

Thanks! in Advance for your help.

Sorry - missed one...

6. Yes, if you are reported for failing to meet the residency requirement, you will appear at a hearing to argue why you should be allowed to keep your status. If you are refused, you can appeal.

 

[Benny2021]

Thank You! so much for your quick response Scylla. I appreciate your help.

 

[canuck78]

Even in IVF pregnancies you are transferred to a regular OB. Choosing to do IVF in the US is a personal choice. You will need to be compliant with your RO to sponsor your child. In many provinces your child will not qualify for healthcare coverage until they are approved as a PR. You will have to pay for emergency coverage and pay for routine care out of pocket. Given that you’re unlikely to meet your RO you’re looking at around 3 years until your child will be able to get PR.

 

[armoured]

Me and my wife landed in Canada on 28 May 2018 from USA.
...
1. If I enter Canada by 1st July 2021, will i meet the PR RO as my PR Card Expiry is on 10th July 2023?
...
3. How can my new born baby in USA enter to Canada? Is there any visa requirement? and who should I contact to know about information regarding this?

If you wish to not just enter with the newborn but sponsor the child (important for, amongst other reasons, health insurance) one of you needs to be compliant with the residency obligation; meaning, in simple terms, one of you should really enter and remain in Canada before 28 May. (Or in slightly more specific terms, 730 days in Canada including prospective days between 28 May 21 and 2023)

 

[Benny2021]

Thanks! for your answers

I am hoping i wont miss my RO, but it depends on when my baby would arrive.

I still have strong will, hope to come and work in Canada. Can you please suggest on the below situation.

Worst case scenario:
If i miss my RO by month or two, still arrive to Canada with my wife and new born kid from US by car, if i get reported at arrival for not meeting RO requirement
-> What is getting reported mean? WIll my PR Status be revoked in few months or will be revoked immediately and i cant stay in Canada beyond few
months?
-> If my PR Status will be revoked, how can i request for and explain my situation to Canada legally?,
-> Can I still stay and work in Canada while PR status decision is in progress? My PR Card Expires - 10th July 2023
-> Can I gain 1 year of work experience in Canada and apply via CEC class by getting Job and LMIA? What would be my options, by November 2021 i would be 40 years of age

Kindly suggest if there are any options i can pursue to get my PR regained / Apply and get new PR. I am ready to go through my language tests and other full Express Entry process again if required.

Thank You!

 

[scylla]

Thanks! for your answers

I am hoping i wont miss my RO, but I might which depends on when my baby would arrive.

I have strong will to come and work in Canada. Can you please suggest on the below situations.

Situation 1:
If i miss my RO by month or two, still arrive to Canada from US by car, if i get reported for not meeting RO requirement at the arrival
-> WIll my PR Status be revoked?
->

It depends what happens at your hearing.

 

[Benny2021]

It depends what happens at your hearing.

Sorry Scylla, all my questions didnt post last time.

Can you suggest on the below:


Thanks! for your answers

I am hoping i wont miss my RO, but it depends on when my baby would arrive.

I still have strong will, hope to come and work in Canada. Can you please suggest on the below situation.

Worst case scenario:
If i miss my RO by month or two, still arrive to Canada with my wife and new born kid from US by car, if i get reported at arrival for not meeting RO requirement
-> What is getting reported mean? WIll my PR Status be revoked in few months or will be revoked immediately and i cant stay in Canada beyond few
months?
-> If my PR Status will be revoked, how can i request for and explain my situation to Canada legally?,
-> Can I still stay and work in Canada while PR status decision is in progress? My PR Card Expires - 10th July 2023
-> Can I gain 1 year of work experience in Canada and apply via CEC class by getting Job and LMIA? What would be my options, by November 2021 i would be 40 years of age

Kindly suggest if there are any options i can pursue to get my PR regained / Apply and get new PR. I am ready to go through my language tests and other full Express Entry process again if required.

Thank You!

 

[armoured]

Sorry Scylla, all my questions didnt post last time.

Can you suggest on the below:


Thanks! for your answers

I am hoping i wont miss my RO, but it depends on when my baby would arrive.

I still have strong will, hope to come and work in Canada. Can you please suggest on the below situation.

Worst case scenario:
If i miss my RO by month or two, still arrive to Canada with my wife and new born kid from US by car, if i get reported at arrival for not meeting RO requirement
-> What is getting reported mean? WIll my PR Status be revoked in few months or will be revoked immediately and i cant stay in Canada beyond few
months?
-> If my PR Status will be revoked, how can i request for and explain my situation to Canada legally?,
-> Can I still stay and work in Canada while PR status decision is in progress? My PR Card Expires - 10th July 2023
-> Can I gain 1 year of work experience in Canada and apply via CEC class by getting Job and LMIA? What would be my options, by November 2021 i would be 40 years of age

Kindly suggest if there are any options i can pursue to get my PR regained / Apply and get new PR. I am ready to go through my language tests and other full Express Entry process again if required.

Thank You!

Attempt to respond in brief:
-The biggest issue you will face if you arrive out-of-compliance (both you and your spouse) is that you will not be able to sponsor your child until you are in compliance. As I understand your dates, that may be two years or more. Also as noted, healthcare will be a huge issue with a newborn (let alone spouse after childbirth).

-Very important: they must let you and your spouse in - you are both PRs. I do not know if this means they MUST let your child in. Obviously with a newborn this would be a huge problem (and from your perspective this may amount to not letting you in, effectively - you're not going to leave the child).

-As above, they must let you in - either 'wave you through', possibly with a warning, or report you and start the process of revoking.

-You can appeal the report / decision to start the revocation if that happens. You can remain in Canada working etc while this is ongoing. That process might take a long time. Remaining in Canada and establishing life etc will be a positive in terms of the revocation, but it may be difficult given eg inability to sponsor child.

-Both at the border and at appeal, they MUST take into consideration 'humanitarian and compassionate' concerns (and others - let's call them 'reasons.'). No-one can say how this will go, but covid and medical care etc are reasons that would be taken into account.

-If you lose appeal etc it would ultimately result in loss of PR status and how you might retain/regain is a different topic.

At the risk of repeating myself: given that not being able to sponsor your child might be very serious, it REALLY may be advisable to return before so as to be in compliance with the RO. As a PR in compliance, in extremis you would be able to sponsor both your child and your spouse.

If you arrive back in Canada in advance and accumulate some days, you should be able to return to USA and bring your spouse back with you. If you are at all able to come to Canada and remain for a month or two - eg now - you would accumulate days that would help you be and remain in compliance.

(Again a bit of speculation - but you arriving early to be in compliance, already 'established' anew in Canada, would likely be a positive if your spouse arrives back in Canada somewhat out-of-compliance - i.e. chances are better that both she and the child would be admitted as they are 'rejoining' you and giving birth is clearly a real and substantive consideration).

I have to ask - you seem to be avoiding the obvious 'solution' (even if it presents other issues for you) that returning to Canada before the three-year anniversary of your landing is strongly in your interests - why?

This question is somewhat rhetorical - in that you do not have to answer, and I understand for work and to support your wife during pregnancy there may be good reasons - but it really may make a huge difference in how your case proceeds, life in Canada after arrival, etc.

 

[armoured]

I am hoping i wont miss my RO, but it depends on when my baby would arrive.

I still have strong will, hope to come and work in Canada.

To boil down my point above: if you have the strong will to come and work in Canada, by far you retain more options and reduce risk of problems for you and your family if you come to Canada sooner and 'bank' extra RO days in advance to remain in compliance. It would provide you significant advantages.

You may find that your efforts are better directed there than the many - and more unpredictable - scenarios as to what happens if you fall out of compliance.

 

[Benny2021]

To boil down my point above: if you have the strong will to come and work in Canada, by far you retain more options and reduce risk of problems for you and your family if you come to Canada sooner and 'bank' extra RO days in advance to remain in compliance. It would provide you significant advantages.

You may find that your efforts are better directed there than the many - and more unpredictable - scenarios as to what happens if you fall out of compliance.

Thank You! so much for taking time, evaluating and suggesting on my Situation armoured

 

[armoured]

Thank You! so much for taking time, evaluating and suggesting on my Situation armoured

Please feel free to look into other scenarios and get outside advice.

But if you return to Canada early and get days to comply with RO, you have many more options; wait too long and those options start to close off. Including if unanticipated issues come up such as your spouse needing longer abroad (eg medical issues).

[It will also be a positive for any RO compliance issues of your wife that you are compliant and resident in Canada]

 

[canuck78]

If you are reported you can't use the time in Canada to apply for any other program until your appeal has been approved. If your appeal is denied you can't use the time working to apply for CEC.

 

[canuck78]

Sorry Scylla, all my questions didnt post last time.

Can you suggest on the below:


Thanks! for your answers

I am hoping i wont miss my RO, but it depends on when my baby would arrive.

I still have strong will, hope to come and work in Canada. Can you please suggest on the below situation.

Worst case scenario:
If i miss my RO by month or two, still arrive to Canada with my wife and new born kid from US by car, if i get reported at arrival for not meeting RO requirement
-> What is getting reported mean? WIll my PR Status be revoked in few months or will be revoked immediately and i cant stay in Canada beyond few
months?
-> If my PR Status will be revoked, how can i request for and explain my situation to Canada legally?,
-> Can I still stay and work in Canada while PR status decision is in progress? My PR Card Expires - 10th July 2023
-> Can I gain 1 year of work experience in Canada and apply via CEC class by getting Job and LMIA? What would be my options, by November 2021 i would be 40 years of age

Kindly suggest if there are any options i can pursue to get my PR regained / Apply and get new PR. I am ready to go through my language tests and other full Express Entry process again if required.

Thank You!

There are lots of OBs that monitor pregnancies that are the result of IVF. You would have been transferred from a fertility specialist to an OB already. I personally know many people who have gone through fertility treatments and then been transferred to OBs. Depending on the situation they have been transferred to normal or high risk OBs. Not getting good medical care is not an issue. In provinces like Ontario you don't have a 3 month wait period until you qualify for OHIP. This honestly sounds more about wanting US citizenship for your child. If that is your priority you will likely have to make other compromizes like getting reported or not being able to sponsor your child for 2-3 years.