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Returning to Canada with Expired PR Card and a minor Canadian child

Quebec_03

Newbie
Jan 6, 2019
2
0
Real case scenario:

Landed in 2002 in Montreal as PR (wife + husband) - obtained the PR card, SIN, Medical Card, remained in Canada for almost 2 years (going out - in of the country frequently). The husband maintained his work in Bulgaria, not very happy with the job market in Canada. In 2003 they had a child born in Montreal - automatically obtained the Canadian Citizenship / Passport. In 2004 they decided to return back to Bulgaria.

Fifteen years later, the child (age 16) decided to visit Canada together with the mother, attending a tennis tournament in Canada (the child is playing tennis at international level - top 10 on his age group). The parents realized that despite having an expired PR Card, they are still recorded as Canadian Permanent Residents. Over many years, looking from a different angle, Canada appear to be the better option over Bulgaria. The family decided to return to live in Canada.

Since the PRTD will be difficult to obtain, the family is looking at the possibility to land in the USA and to cross the USA-Canadian border via a rented car (valid Bulgarian Passport + COPR). They have sufficient funds to self-sustain for a long period of time and this time they are committed to remaining in Canada indefinitely.

I know what might happen at the border (interview - red flags - report to IRCC), including the "luck factor" - the question is: " the family is having a strong enough case (being the supporting parents of a minor Canadian citizen) to renew their PR cards after re-entering Canada"? It might be possible that the parents will receive a Departure Order, leaving their minor child alone in Canada, or the parents will get the chance to renew their PR Cards (and to maintain further the PR status) based on the fact that they will take care of their child in Canada?

Thx / Q03
 

scylla

VIP Member
Jun 8, 2010
92,537
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I know what might happen at the border (interview - red flags - report to IRCC), including the "luck factor" - the question is: " the family is having a strong enough case (being the supporting parents of a minor Canadian citizen) to renew their PR cards after re-entering Canada"? It might be possible that the parents will receive a Departure Order, leaving their minor child alone in Canada, or the parents will get the chance to renew their PR Cards (and to maintain further the PR status) based on the fact that they will take care of their child in Canada?

Thx / Q03
Having a strong case is dependent on having strong H&C reasons for having remained outside of Canada. Based on the information you have provided, there is no H&C case to be made. They have made a choice to live outside of Canada for all of these years.

They will need to hope they are not reported at the border for failing to meet RO. If they are reported and have to appear at a hearing, they should expect to lose their PR status. Having a Canadian citizen child really doesn't give them any benefits. And after all, that child hasn't live in Canada for the last 15 years.

Regardless what happens, their child is of course free to remain in Canada as a citizen. If they lose their PR status and are required to leave (but want their child to stay), they can appoint a guardian for their child in Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Real case scenario:

Landed in 2002 in Montreal as PR (wife + husband) - obtained the PR card, SIN, Medical Card, remained in Canada for almost 2 years (going out - in of the country frequently). The husband maintained his work in Bulgaria, not very happy with the job market in Canada. In 2003 they had a child born in Montreal - automatically obtained the Canadian Citizenship / Passport. In 2004 they decided to return back to Bulgaria.

Fifteen years later, the child (age 16) decided to visit Canada together with the mother, attending a tennis tournament in Canada (the child is playing tennis at international level - top 10 on his age group). The parents realized that despite having an expired PR Card, they are still recorded as Canadian Permanent Residents. Over many years, looking from a different angle, Canada appear to be the better option over Bulgaria. The family decided to return to live in Canada.

Since the PRTD will be difficult to obtain, the family is looking at the possibility to land in the USA and to cross the USA-Canadian border via a rented car (valid Bulgarian Passport + COPR). They have sufficient funds to self-sustain for a long period of time and this time they are committed to remaining in Canada indefinitely.

I know what might happen at the border (interview - red flags - report to IRCC), including the "luck factor" - the question is: " the family is having a strong enough case (being the supporting parents of a minor Canadian citizen) to renew their PR cards after re-entering Canada"? It might be possible that the parents will receive a Departure Order, leaving their minor child alone in Canada, or the parents will get the chance to renew their PR Cards (and to maintain further the PR status) based on the fact that they will take care of their child in Canada?

Thx / Q03
I agree with above. Given that you have been out of Canada for 14-15 years, you are extremely likely to be reported at the border, which will result in the loss of your PR status. Having a Canadian child will play no part in that, as there has clearly been no issue with the child living in your home country for pretty much his entire life.
 
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