Residency Obligations not met and Wanting to move to Canada

[Jasmine04]

Our Canadian PR (Self, Husband and Older Daughter) is valid until 09-Mar-2014.

We have a second daughter whose papers we never processed since we were then not sure of moving to Canada; as such she does not have a PR.

We entered Canada for our first landing in Feb-2009; got our PR Cards stayed there for exactly 5 days and left back. We don’t have our SIN Cards too.

We all now want to move to Canada but are worried to leave everything here and rest it to the matter of luck; what if we are reported:
- One, we do not meet the residency obligatory days ……..don’t know how to go about
- Two, how to take our second daughter with us since she does not have a PR ……… if we take a ‘temporary resident visa’ for her and since will have to go through the immigration there are more chances that we will get questioned

Meanwhile, also was thinking if we can apply renewal of PR Card based on the compassionate grounds below:

- We landed in Feb-2009
- I got to know I was expecting for my baby in Aug-2010; so could not travel
- I delivered my child on May-2011
- Then, due to the ill health of my father-in-law since 2011 and we needed to be close to family and send money for medical we could not make the move: we travelled to India from Kuwait (where we live) almost 4 times since 2011 for this.
What kind of documents they will ask for proving medical related compassionate grounds?

 

[zardoz]

In my personal opinion, you would seem to have very little chance of making a successful H&C case.
You can try to enter Canada before your PR cards expire but I think that it's highly likely that you will be reported.
You will find it very difficult to get a TRV for your daughter, but you could apply for a TRP instead.

 

[Leon]

I don't think you have a strong case.

You could have moved in 2009 or in 2010.

Most pregnant women are allowed to travel. Do you have a doctors report stating that you were not fit to travel from August 2010 until the baby was born?

As for the sick father in law, if you had been living there taking care of him, you would have a better case but you were not and visiting family 4 times in 3 years is really not that often, even when they aren't sick.

I assume you are not visa exempt. If you want to take your younger daughter with you, she would then need either a TRV or a TRP for her. You can try to apply for one. Immigration will see that you landed in 2009 and have a child born outside Canada in 2011 that isn't PR. They will probably guess that you do not meet the RO.

If you get reported as you enter Canada, you can appeal. You would be allowed to stay while you wait for your appeal. I have heard it can take 12 to 18 months.

Another option is for one of you, either you or your husband to go to Canada and see if you get reported. If not, you can stay in Canada for 2 years until you meet the RO again, then apply to sponsor the family again. However, it would mean not seeing each other for at least 2 years.