Reinstating PR status, land border crossing with 2 US citizen kids

[MummyKC]

Hi all,

I've searched high and low for answers on this forum, but I finally have the courage to detail my situation and ask for your opinions. I'm really nervous about packing up, selling the house, and uprooting our (short) life here to take a chance at the border. But I need to take this chance to do what's best for our girls. Thank you kindly for your time!

I live in Las Vegas, NV right now. My ultimate goal is to permanently move back to Canada (PR) and join my mom and extended family. I want to sponsor my two kids (3month old and 2 year old) and my husband, so we can put down roots and raise our family in Toronto. For. Good. (I miss Canada so much). Plus it's what's best for our young family.

Background of the last 5 years:
- 2013, held PR status for many years but moved to USA August 2015 on a K1 visa.
- Married, 2 pregnancies and 2 births all in USA.
- PR Card expired 2015.
- 2 visits to Canada in 2017 (12 days) and 2018 (18 days) using green card.
- Stay at home mom on husband's income, very little extended family support (husband's parents are elderly). We've decided at this point to be closer to my family in Toronto.
- Calculations of my residency obligations: I have 685 days in Canada of the last 5 years.
- Now planning to cross by land at Niagara Falls with the 2 kids as soon as I can pack up and list the house for sale. My husband will stay here in Vegas to work until sponsorship is possible.

Questions:
1. What papers do I bring at the border to reinstate my PR status? I understand it's not a good idea to start a paper PR renewal application. Should I fill out and bring a PR card renewal application?
2. Would adding a H&C case help me be approved? What supporting docs can I use to help my case? (A lawyer consult told me that pregnancy is not really a good reason).
3. With the intent to raise my US born kids in Canada, do I need any special papers that will let them live there with me? I am assuming just their passport will suffice (for 6 months at least)? What then after 6 months, if I cannot cross the border again?
4. We plan to pack and bring our clothes and personal stuff in moving boxes as we cross through (hoping it will show our serious intent to stay in Canada). My husband plans to come along to help. Will they possibly deny him entry, thinking he plans to move there with the boxes in tow? Is it better he flies in instead of being with us?
5. If we are denied PR and have reached the appeal process, how do I go about sponsoring them to live with me in Canada?

(if possible.. 6. What happens to my green card in US? It expired a month ago and we are in process of removing conditions on it. This will take many months. Do I need to make an action on it if I plan to abandon the intent to stay in US? I don't want to have a bad record that will affect me getting a US Visa later on).

Okay... I'm so very sorry for the detailed post. I really tried to get the answers from dozens and dozens of threads, but I couldn't piece the whole thing together for my case. Any help and hope to bring me closer to a successful outcome would be a blessing. Thank you very, very much!

 

[scylla]

Hi all,

I've searched high and low for answers on this forum, but I finally have the courage to detail my situation and ask for your opinions. I'm really nervous about packing up, selling the house, and uprooting our (short) life here to take a chance at the border. But I need to take this chance to do what's best for our girls. Thank you kindly for your time!

I live in Las Vegas, NV right now. My ultimate goal is to permanently move back to Canada (PR) and join my mom and extended family. I want to sponsor my two kids (3month old and 2 year old) and my husband, so we can put down roots and raise our family in Toronto. For. Good. (I miss Canada so much). Plus it's what's best for our young family.

Background of the last 5 years:
- 2013, held PR status for many years but moved to USA August 2015 on a K1 visa.
- Married, 2 pregnancies and 2 births all in USA.
- PR Card expired 2015.
- 2 visits to Canada in 2017 (12 days) and 2018 (18 days) using green card.
- Stay at home mom on husband's income, very little extended family support (husband's parents are elderly). We've decided at this point to be closer to my family in Toronto.
- Calculations of my residency obligations: I have 685 days in Canada of the last 5 years.
- Now planning to cross by land at Niagara Falls with the 2 kids as soon as I can pack up and list the house for sale. My husband will stay here in Vegas to work until sponsorship is possible.

Questions:
1. What papers do I bring at the border to reinstate my PR status? I understand it's not a good idea to start a paper PR renewal application. Should I fill out and bring a PR card renewal application?
2. Would adding a H&C case help me be approved? What supporting docs can I use to help my case? (A lawyer consult told me that pregnancy is not really a good reason).
3. With the intent to raise my US born kids in Canada, do I need any special papers that will let them live there with me? I am assuming just their passport will suffice (for 6 months at least)? What then after 6 months, if I cannot cross the border again?
4. We plan to pack and bring our clothes and personal stuff in moving boxes as we cross through (hoping it will show our serious intent to stay in Canada). My husband plans to come along to help. Will they possibly deny him entry, thinking he plans to move there with the boxes in tow? Is it better he flies in instead of being with us?
5. If we are denied PR and have reached the appeal process, how do I go about sponsoring them to live with me in Canada?

(if possible.. 6. What happens to my green card in US? It expired a month ago and we are in process of removing conditions on it. This will take many months. Do I need to make an action on it if I plan to abandon the intent to stay in US? I don't want to have a bad record that will affect me getting a US Visa later on).

Okay... I'm so very sorry for the detailed post. I really tried to get the answers from dozens and dozens of threads, but I couldn't piece the whole thing together for my case. Any help and hope to bring me closer to a successful outcome would be a blessing. Thank you very, very much!

Before you sell everything and leave the US, you should understand that it's by no means guaranteed that you will be able to keep your PR status since you have failed to meet the residency requirement. Additionally, it will be around 2 years after you enter Canada before you will be able to sponsor your family. It's a very complicated situation and things may not work out.

1) Bring your COPR (landing paper) and expired PR card. FYI - there is no such thing as reinstating your PR card. Since you don't meet the residency requirement you are basically hoping to fly under the radar at the border and not be reported by CBSA for failing to meet the residency requirement. If they report you, you'll have to appear at a hearing to argue why you should be allowed to keep your PR status and should expect the outcomes to be negative (for your PR status to be revoked). If you are able to enter Canada without being reported, then you will need to remain in Canada for 2 years and fully meet the residency requirement before you will be able to renew your PR card. Note that you will not be able to sponsor your children or husband for PR until you fully meet the residency requirement. If you try to sponsor them earlier, their applications will be refused and your PR status will be officially revoked.
2) You have no H&C case. You decided not to live in Canada for personal reasons. Pregnancy is not a reason. You could have had your child in Canada. You could have chosen to move to Canada a while ago.
3) Just their passports. You'll then have to apply to extend their visit in Canada every six months. No - you do not want to go to the border. You want to avoid border crossings completely until two years have passed and you meed the requirements to renew your PR card. Each time you cross the border is another time you may be reported for failing to meet the residency requirement and end up losing your PR status. Make sure you take out private health care insurance to cover your kids since they won't be covered under Canada's health care program until they are PRs. The private insurance will cover emergencies but for everything else you'll need to pay out of pocket. Not sure how things will work for attending school...
4) Best if your husband doesn't travel with you. Note that it will be 2+ years before he is a PR so he also won't be covered by the health care system and also won't be able to work - unless he separately finds an employer and applies for a work permit.
5) This question is confusing. You will be able to sponsor your family for PR once you have lived in Canada for two years and meet the residency requirement. If you try earlier, their applications will be refused and your PR status will be revoked. You must wait until you have 720 days of residency within the last five years before you sponsor them.
6) You'll lose your green card status. Keeping your green card status requires physical residency in the US.

 

[MummyKC]

"3) Just their passports. You'll then have to apply to extend their visit in Canada every six months."

- To my understanding they need to exit and enter again before 6 months of their stay in Canada is up. Will them crossing the border to shop in Buffalo for a day, say with their Grandmother, suffice? Accompanied by proper documents of course.

"4) Best if your husband doesn't travel with you. Note that it will be 2+ years before he is a PR so he also won't be covered by the health care system and also won't be able to work - unless he separately finds an employer and applies for a work permit."

- Do you mean 2+ years, assuming if it goes to residency appeal stage? I apologize, I haven't done extensive research on sponsorship timelines. Or do you mean after they are sponsored, he will have to wait 2+ years to be considered PR and work and have a health card?


Scylla, thank you so much for taking the time to answer. I'll review and discuss with my husband your answers. I really appreciate it.

 

[canuck78]

Will let @scylla continue answering but wanted to correct a typo. You need to meet the 730 residency obligation not 720

 

[scylla]

- To my understanding they need to exit and enter again before 6 months of their stay in Canada is up. Will them crossing the border to shop in Buffalo for a day, say with their Grandmother, suffice? Accompanied by proper documents of course.


- Do you mean 2+ years, assuming if it goes to residency appeal stage? I apologize, I haven't done extensive research on sponsorship timelines. Or do you mean after they are sponsored, he will have to wait 2+ years to be considered PR and work and have a health card?


Scylla, thank you so much for taking the time to answer. I'll review and discuss with my husband your answers. I really appreciate it.

You can apply to extend their stay from within Canada. This is what you need to do rather than doing a border run. Again, you need to avoid border crossing since they are risky both for you (since you don't meet the residency requirement) and for your family (since they will only be in Canada as visitors). Again, you will apply to extend their visitor status from within Canada.

No - I don't mean 2+ years assuming it goes to the appeal stage. I mean that you will not be able to sponsor your family for PR until after you have returned to Canada and lived here for almost two years. You will then have to factor in processing times for the application - let's say that's six months. So you're looking at 2.5 years or more before they have PR status from the time you enter Canada. This is assume all goes smoothly (i.e. no appeals). Here's the explanation: You MUST meet the residency requirement in order to sponsor your family for PR. You cannot submit the application to sponsor them until you meet the residency obligation. Right now you do not meet the residency obligation. This means that if you enter Canada and immediately sponsor them, their application will be refused AND you will also lose your PR status because officials will figure out you don't meet the residency requirement and revoke your status. So again, you have to wait until you have 730 (yes 720 was a typo!) days in Canada within the last five years before you can sponsor your family. Now you need to think about that 730 calculation and how long it's going to take for you to have that many days. Yes - right now you have 685 days, but you are quickly losing your older residency days as time moves forward. You left August 2015. You have around 30 days of residency between now and then. Let's say you re-enter Canada in November - you'll need to wait until October or November of 2020 before you will meet the residency obligation and be in a position to sponsor your family. Until then, all they will be allowed to do is visit Canada. They won't be residents.

 

[MummyKC]

Okay, got it. Thank you for understanding my question!

I'm currently reviewing other options to reach my ultimate goal and living with my husband and kids there. This seems the riskiest but fastest way. I have yet to look extensively at work permit visas. The medical insurance is another thing that's got me worried considering my kids are both young.

Thank you guys for your time!

 

[scylla]

Okay, got it. Thank you for understanding my question!

I'm currently reviewing other options to reach my ultimate goal and living with my husband and kids there. This seems the riskiest but fastest way. I have yet to look extensively at work permit visas. The medical insurance is another thing that's got me worried considering my kids are both young.

Thank you guys for your time!

It's not necessarily the fastest way. If you or your husband qualify to apply for PR through one of Canada's economic immigration programs, you could renounce your PR status and then apply. If you qualify and apply through a program like Express Entry, all of you could have PR within six months of applying (vs. 2.5 years). Express Entry is an example of an economic immigration program that is a point-based immigration program that selects those with the highest number of points based on factors such as age, work experience, education, language abilities, funds available to support your settlement in Canada.

Work permits tend to be extremely difficult to get unless the job falls under NAFTA and the employer doesn't require an LMIA to hire the foreign worker.

 

[canuck78]

You could also be reported at the border and you don't have grounds for an appeal and could lose your PR that way. Getting a work permit from a Canadian company is very difficult due to the cost and long processing time. You also run the risk that someone will look up your PR status when looking at your husband's work permit. If you and your husband qualify you should apply for PR al over again.

 

[MummyKC]

I did not know this, thanks!

I was about to send you a private message containing my feeble attempt at when I'd reach my RO. Well, perhaps I'd still send it if you have time. But now you've given me more to look into. Much appreciated!

 

[MummyKC]

If you and your husband qualify you should apply for PR al over again.

Thank you for this! But how would we apply for PR all over again from outside Canada? (my husband is US citizen and I am a green card holder here)

 

[canuck78]

Thank you for this! But how would we apply from outside Canada? (my husband is US citizen and I am a green card holder here)

Apply for what?

 

[scylla]

Thank you for this! But how would we apply from outside Canada? (my husband is US citizen and I am a green card holder here)

Start reading below. I would recommend you begin be researching the Express Entry program (see second link).

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html

 

[scylla]

I did not know this, thanks!

I was about to send you a private message containing my feeble attempt at when I'd reach my RO. Well, perhaps I'd still send it if you have time. But now you've given me more to look into. Much appreciated!

To confirm, based on the dates you have provided and assuming you enter in November 2018 - you'll meet RO in October/November 2020.

 

[MummyKC]

Apply for what?

Edited my question :/ sorry for that

 

[MummyKC]

To confirm, based on the dates you have provided and assuming you enter in November 2018 - you'll meet RO in October/November 2020.

I've sent a private message to you. I didn't think I'd clutter the thread with my travel dates, or if it'd even be helpful to other searchers. Super newbie should be my title. Thanks in advance if you've got the time to take a look at it