PR with less than 730 days

[kiwi2008]

Hello,

I obtained my Ontario PR card (all of us: wife and kids) on December-2008, stayed couple of weeks, then we all left Canada, never returned till today !

Reasons:
- We were not ready at that time because of lack of Job opportunity for me
- My kids scolar cursus must be finished outside Canada.
So I had to keep working outside Canada to maintain my family financial needs and now I am ready to move.

Now, we decided to settle in Quebec, coming August(2012). My sons (minors 17 and 15 years old in Sep-2012) will apply for University and Secondary schools in Quebec for September 2012 semester, so we should move next summer by August 2012, but we won't be satisfying the 2 years out of 5 rule despite Valid PR Cards.

The 2 year out of 5 rule, does not apply to minors, but at least my wife should stay with them.
If cought by the immigration agent while entering Canada next summer, what are our chances (at least for wife & kids) to be allowed to enter Canada ?

Q1: Can I renew our PRs if our conditions (mentioned above) fit under Humanitarian considerations ?
Q2: Can wife & kids renew thier PRs if our condition (mentioned above) fit under Humanitarian considerations ?

Please advise.

Thank you

 

[steaky]

Your case is similar to this:

http://www.canadavisa.com/canada-immigration-discussion-board/returning-after-3-years-t81497.0.html

And then your sons can try appeal under H&C, similar to this:

http://www.canadavisa.com/canada-immigration-discussion-board/need-travel-document-to-attend-citizenship-ceremony-but-res-obligation-not-met-t82683.0.html

 

[PMM]

Hi

Hello,

I obtained my Ontario PR card (all of us: wife and kids) on December-2008, stayed couple of weeks, then we all left Canada, never returned till today !

Reasons:
- We were not ready at that time because of lack of Job opportunity for me
- My kids scolar cursus must be finished outside Canada.
So I had to keep working outside Canada to maintain my family financial needs and now I am ready to move.

Now, we decided to settle in Quebec, coming August(2012). My sons (minors 17 and 15 years old in Sep-2012) will apply for University and Secondary schools in Quebec for September 2012 semester, so we should move next summer by August 2012, but we won't be satisfying the 2 years out of 5 rule despite Valid PR Cards.

The 2 year out of 5 rule, does not apply to minors, but at least my wife should stay with them.
If cought by the immigration agent while entering Canada next summer, what are our chances (at least for wife & kids) to be allowed to enter Canada ?

Q1: Can I renew our PRs if our conditions (mentioned above) fit under Humanitarian considerations ?
Q2: Can wife & kids renew thier PRs if our condition (mentioned above) fit under Humanitarian considerations ?

Please advise.

Thank you

1. The 2 in 5 does apply to minors.

 

[Leon]

Lack of job opportunity does not make for H&C grounds for not meeting the residency requirements and children needing to go to school in another country doesn't either. There are schools in Canada too.

If you arrive in 2012, you may be allowed to enter without immigration taking action to revoke your PR because you don't meet the requirements. If that happens, you should stay in Canada without leaving for even 1 day and you should not apply to renew your PR cards until 2 years have passed because then you meet the requirements again.

If you do lose your PR's, your sons have a good chance of appealing for theirs under H&C grounds once they are 18-19 years old, stating that they did not want to leave Canada and their parents made them but even if they get their PR's back, it doesn't mean that you would. They could sponsor you once they are working though.