Returning adult son

[WhiteBison]

Hello forum,

I am a Canadian who married a Filipina with an adult son and they came to Canada with PR cards back in 2012. He stayed for about six months and went back to sort out his life, etc and she stayed to eventually become a Canadian Citizen. Recently we have had opportunity to have him come back to visit, and possibly reknew his PR card while here so that we can work his possible future in Canada. Question is, since his PR card expires in August would there be a problem with him coming back into Canada after being away for almost five years? With his PR Card about to expire, can he expect problems when he lands?

 

[WhiteBison]

After reading more I can now see that he obviously hasn't met the Residence Requirements to get a renewal of a PR Card. What is the next step then? Can we begin the process over?

 

[canuck_in_uk]

After reading more I can now see that he obviously hasn't met the Residence Requirements to get a renewal of a PR Card. What is the next step then? Can we begin the process over?

He can come to Canada before his PR card expires and hope that he isn't reported on entry. If he isn't reported, he would need to remain in Canada for 2 straight years to once again meet the RO. If he is reported, which is likely after such a long absence, he will lose his PR status.

If his status is revoked, whether you can sponsor him again depends on his age. The current dependent age is 18 and under but that will be changing to 21 and under this October.

 

[WhiteBison]

If they report him, can he still come into Canada for the duration of his PR card even though he will lose his PR status? Or, do they send them back regardless of expiry date on the PR Card? I'd rather he not face the embarrassment of traveling here only to be turned around.

 

[canuck_in_uk]

If they report him, can he still come into Canada for the duration of his PR card even though he will lose his PR status? Or, do they send them back regardless of expiry date on the PR Card? I'd rather he not face the embarrassment of traveling here only to be turned around.

He will be allowed entry. If CBSA reports him, he will have 30 days to appeal or his status will be revoked. He needs to leave Canada at that point.

 

[dpenabill]

The date a PR card expires is not relevant.

There are several discussions here about the process if and when a PR is issued a 44(1) Report and Departure Order at a PoE upon attempting to return to Canada. Some of these go into detail about this process.

Since it seems likely he will be reported, especially if three years have passed since he was last in Canada, it would probably be a good idea to look for and read those discussions. (I do not have time to repeat here.)

The gist of it is, as canuck_in_uk noted, that if reported, the PR is still allowed to enter Canada. And then has 30 days in which to make an appeal.

If he does not appeal, the Departure Order becomes enforceable when the time within which to appeal has passed, which means his PR status is lost.

If he appeals, which he probably should if he wants to try to keep PR status, he is still a PR until the appeal is decided. Appeals go to the IAD for what is essentially a de novo hearing. That is, the PR gets to submit new evidence, which includes H&C evidence, which can include the extent to which the PR has settled in Canada since being reported.

In the meantime, while the appeal is pending, the PR can apply for and obtain a one year PR card. Best to stay in Canada, however, if one really wants to keep PR status.


While H&C cases are both tricky and usually difficult to make successfully, this is probably a situation in which the returning PR should be prepared to explain his reasons for not returning to Canada as thoroughly as possible, and to explain an intent to now settle in Canada with the rest of his family. This may not suffice at the PoE, but if it does, he gets to stay and keep PR status. If he is nonetheless still reported and issued a Departure Order, he can and probably should appeal. If he appeals and stays in Canada, establishes himself in Canada, in conjunction with his family being settled and staying in Canada (it can take a year or longer for the appeal to be heard), there should be at least a somewhat to fair chance of winning the appeal. Obtaining a lawyer's help could make a difference.

How this is likely to go depends on the particular facts and circumstances. Your son's age. His reasons for not coming to Canada sooner. The extent to which he has family in Canada. The extent of his ties abroad. Among others.

Bottom-line: once he was abroad for 1095 days since the date of landing, he was in breach of the PR Residency Obligation and subject to losing PR status.

 

[WhiteBison]

Thank-you. I appreciate the time given to reply to my questions.