PR with less than 2 years (Not Meeting residency requirement)

[nazimsyed]

Thanks @rish888 and @sycllia. I have decided to move early (sep 2018). I have a few more doubts:

Once I land in Canada (if all goes well and I would be allowed to enter), and I spent 2 years, I would be eligible to renew my PR and apply/sponsor PR for my wife and 3 kids. Now:

• How much time will it usually take to renew my PR and get the PR for my wife and Kids? As I will already be away from my Family for a very long period, I would like to have them in Canada at the earliest.
• Are there any chances or Scenarios of their PR getting rejected?
• After renewing the PR for 5 more years, how much time shall I spent to get the Citizenship? Do I need to spend only 2 years as I already spent 2 Years there or Do I need to spend full 4 Years again (from the renewal date) to get the citizenship?
• Also does this duration of 4 Years have to be straight or is it acceptable to have them in different intervals of time to apply for sponsorship

 

[nazimsyed]

No, his family will certainly NOT be entitled to any kind of work visa. If they can come as visitors, then they can stay as visitors but can't work. Also continually extending visitor status for several years may be difficult. Plus the children may find they need to pay international student fees to go to school here. The whole process will not be easy, and that's assuming he's not reported in the first place.

After the 2 years has passed to come back into compliance with the RO, then if family is in Canada legally only then can he can sponsor them for PR with an OWP app.

I am not planning to have them for long periods as my eldest kid is already in Grade 6 and I cannot afford to affect their studies. My plan is to just get them on Visit for a month or 2, spend some good time with them and then Bring them for Good (Through a valid PR Process) once I complete my Residency obligation.

 

[rish888]

http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2g

CIC website says TRP holders of six months or more can be eligible to get an open work permit.

Maybe I'm misinterpreting, but the requirements to apply for an open work permit in Canada seem to be clear.

 

[ahmed12]

Thanks rish888 for your response. One more question, can I start the required process to appeal as a backup plan. If so, how shall I start preparing for this (Documentation required, fee required etc..). I would appreciate if you could highlight anything I am missing here, that would help me in my settlement in Canada..

 

[ahmed12]

Can Anyone Guide on My Case as We intend to Renew our PR and further complete settlement requirements, As We spent most of our time in Home country due to my Elderly Parents who died Last year, And also completion of Graduations of my Elder Son & daughter.

We are 5 family members, My Family's 1st Entry In Toronto 31st Jan-2013 , we all left back to home country after 45 Days stay and getting , Sin Cards, other landing Papers and 1st PR, Then Again came back in June-2015 for 30 days Stay only , our PRs still valid till 31st March 2018 .

Now my son coming canada permanently after completing his IT degree to stay and cover citizenship requirements. While others will also join by Jan-2018.

I'll be greatful for guidance on this forum . Presently we are outside canada but will join as above

Ahmed

 

[canuck78]

Think the OP is being given a rather optimistic picture. There is no guarantee that he will be able to renew his PR. Travel visas for his family also may not be granted and a long separation between family members is likely if they pursue PRs.

 

[Rob_TO]

Can Anyone Guide on My Case as We intend to Renew our PR and further complete settlement requirements, As We spent most of our time in Home country due to my Elderly Parents who died Last year, And also completion of Graduations of my Elder Son & daughter.

We are 5 family members, My Family's 1st Entry In Toronto 31st Jan-2013 , we all left back to home country after 45 Days stay and getting , Sin Cards, other landing Papers and 1st PR, Then Again came back in June-2015 for 30 days Stay only , our PRs still valid till 31st March 2018 .

Now my son coming canada permanently after completing his IT degree to stay and cover citizenship requirements. While others will also join by Jan-2018.

I'll be greatful for guidance on this forum . Presently we are outside canada but will join as above

Ahmed

Your whole family is clearly in violation of the residency obligation. The expiry date on your PR card is irrelevant to meeting the RO.

This means when you return to Canada, CBSA can report you which will start process to revoke your PR status.

Or even if you aren't reported, if you attempt to renew your PR cards before spending 2 years in Canada this will also most likely start process to revoke your PR status.

You can certainly appeal any decision here, although in general I'm not sure how strong your H&C reasons are so you may not have a good chance of winning.

 

[ahmed12]

Kindly Advise way forward to resolve and Renewal of PRs of my case, as My Son will soon landing by 1st Week of August while remaining Family Plans Join by this Dec-2017.

Pls do recommend and share Immigration consultants contacts to Help us PR renewal as initially my son returning back.

 

[Bs65]

Kindly Advise way forward to resolve and Renewal of PRs of my case, as My Son will soon landing by 1st Week of August while remaining Family Plans Join by this Dec-2017.

Pls do recommend and share Immigration consultants contacts to Help us PR renewal as initially my son returning back.

Doubt immigration consultants can help you, if you are reported for failing the residency obligation you may need an immigration lawyer. There is no way to predict whether your son or later in the year whether you or family will be reported although for sure as PRs still you are entitled to enter the country.

As a previous poster implied H&C reason might be difficult as the reason for not returning given when no longer supporting your parents you could have returned last year when your RO would not have failed by such a long period. As for son/daughter completing education this would not be considered an H&C reason given they could have looked at education in Canada.

All you can do is return and hope for the best that you all do not get reported even keeping in mind your son might not be and rest of family might be or vice versa. There is really nothing you can do in advance other than maybe put together any documentation to show why you could not return to support your case through an immigration lawyer for any future appeal.

 

[Afify]

Hello there,

My PR card has expired since February 2014. Last time I was in Canada was August 2012. I've stayed in Canada from July 2010 to June 2011 and visited again from July 2012 to August 2012. I was 11 years old the last time I was in Canada. Currently I am 16 years old. I plan to return to Canada on June or July 2019 after I finish High School. Is it better to enter Canada through the US borders or apply for a PRTD and state a H&C reason? If it is better to apply for a PRTD, what is the best reason to state in the H&C? After I enter Canada, is it possible to apply in a university with the expired PR card?