Re Entring with less than one month in PR CARD

[omamdouh]

First of all , a big thank you to all the admins / moderators and advisors you make many people lives easy here with your in-depth knowledge.

I will trhow in a complicated situation

We are a family of 5 members , Husband , wife 2 sons and a daughter

All of us hold PR card ( except our daughter who was born outside canada ) . The cards expire July 2013

We did not stay in Canada at all except 15 days when landing due to job related , education

We live in one of the gulf countries

Our home country is now very troubled with what they call the "Arab Spring"

We do not wish to loose our PR status.

Question 1:

If we enter Canada , can an IO confiscate our PR or mark us on his system that we did not comply with residency obligations ?

Assuming that he must ( as per the law ) let us in do we have to wait for 2 years to apply for new PR ?
We want to sponsor our daughter and not to let her live away from us ...

Question 2:

If we stay inside Canada with expired PR , can we go on with our normal lives , look for job , apply for the sons in schools , do our banking transaction ? I am holding a Canadian driving license. We do not have health cards yet.

Please help us

Thanks

 

[Leon]

Technically, you have already lost your PR status because you failed to meet the residency requirements. However, officially, you haven't yet and immigration is not all knowing and does not know the whereabouts of all people at all times.

If you try to enter Canada as a PR with a still valid PR card but who does not meet the residency obligation, it is possible that you walk in without any questions, it is possible that you will get a lecture about not meeting the requirements but worst case scenario would be if they report you for not meeting the requirements. If they do that, you are allowed to enter Canada but they have started the proceedings to revoke your PR and you will have 30 days to try to appeal. If you have no good reason for staying away, you will lose your appeal and lose your PR. However, it does not seem very common that they report people on entry. If they do not report you, you are still PR, you can go about your daily life with your expired PR card, apply for jobs, enroll your PR kids in school etc.

Your biggest problem is how to take your daughter with you. She is not a PR and I assume you are not visa exempt to Canada. That means she needs a TRV which she will probably not get because immigration will say that you are not planning on taking her to Canada temporarily. You could then apply for a TRP which is sometimes given to children of PR's in these circumstances. If you get it, you can all go to Canada together and if you are allowed to enter without getting reported, you would be able to stay for 2 years and then apply to renew your PR cards without a problem. However, another problem is that you could not sponsor your daughter for the next 2 years either because you would then bring it to the attention of immigration that you yourselves do not meet the requirements. I do not know how long a TRP would be good for but she could end up out of status and immigration might come after you for that. Health care could be a problem for her too.

If you are refused a TRV/TRP for your daughter, you will not be able to bring her to Canada and if you still want to save your PR's, you would have the option that you all go to Canada except you leave your daughter with relatives. This means you will not see your daughter for 2 years because that is the time it takes for you to meet the residency requirements so you can renew your PR card. Having renewed your PR cards, you can visit her, however, you would have to return to Canada again in order to sponsor her for PR because a PR must be residing in Canada in order to sponsor. Depending on where you are from, sponsorship can take anywhere from months to years. Another option is to split up your family so that one parent is staying with the daughter somewhere and the other parent goes to Canada to try to save your PR. The boys can either go with to Canada or stay behind.

Then the same applies, if you manage to enter Canada with your still valid PR cards without being reported for not meeting the residency requirements, you will have to stay in Canada for 2 years without leaving because then you meet the residency requirements and can apply to renew your PR card. The PR cards of the family members who stayed outside Canada will have expired by then and as they do not meet the requirements, they can officially renounce their PR's and can then be sponsored again by the parent who went to Canada and now meets the residency requirements again. The daughter would be sponsored at the same time.

As you see, it will not be easy. It is up to you what you want to do.