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RO not met, Want to enter Canada with spouse and child from US

SecularFirst

Hero Member
Nov 21, 2015
432
57
If you do get reported, the wise thing to do would be to give up PR and re-apply. None of the time spent in Canada while a departure order is under appeal will count towards RO or citizenship and if the appeal fails you will generally only have 30 days to leave. Obviously nobody can say for sure, but based on others experiences reported here I don't think you will be reported but there's always a chance.
I will not give up before the appeal hearing if it got to that. Atleast I can work in that time and pay the Canadian Student loan off. I don’t want to give up and lose my ability to earn.
 

armoured

VIP Member
Feb 1, 2015
15,226
7,752
I will not give up before the appeal hearing if it got to that. Atleast I can work in that time and pay the Canadian Student loan off. I don’t want to give up and lose my ability to earn.
I think it will make sense to look at the options and the details of the appeals process only after being reported (if it happens) - perhaps with professional advice. Including details such as whether your spouse and child have already settled.

E.g. it may go to alternative dispute resolution and be resolved; or it may prove preferable to renounce and apply inland. But too early to say, best to just get informed (after seeing if reported at border).
 

jddd

Champion Member
Oct 1, 2017
1,522
565
By the time appeal comes up for hearing, the spouse and child(who would be 14 to 18 months old) would already be living in Canada and separating me from them for a 5 month breach of RO should be considered as hardship. Separating kid and family is something they will consider hopefully. Anyways I did spent 2.5 years out of Canada for study but did want to return earlier, the timing of the child’s birth and later Covid delayed it for 5 months for US. Leaving a pregnant wife and later small kid in different country just to make RO was not very H&C to me at that time.
Why would you be separated during the appeal? You are a PR until you renounce or it is revoked, you WILL be allowed in. You can wait for your hearing while living in Canada. Again, you may want to research more as it seems you are overthinking it. You have not even been reported yet.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
I remember this case. You seem to be actually returning earlier than you planned. You had planned to go to dental school abroad and then work for a year to make more money and then return.
 

SecularFirst

Hero Member
Nov 21, 2015
432
57
I remember this case. You seem to be actually returning earlier than you planned. You had planned to go to dental school abroad and then work for a year to make more money and then return.
I finished school and worked for a year. Have finished my certification in Canada as well.
 

SecularFirst

Hero Member
Nov 21, 2015
432
57
I have returned to Canada last week. I was not given any notice to revoke PR. It was a normal entry. I retuned with spouse and kid. Spouse and kid are both on visitor status in Canada. The officer gave them 6 months visitor status. The officer asked if my spouse had study permit before, she said yes as she finished her masters in Canada before moving out for further study. We did have to go to secondary. The officer asked me the reason to be away from Canada. I told him I went out for school. The officer seems to be fine with that. The officers were little annoyed by the fact that we were traveling in the middle of the pandemic. They didnt seem to be concerned about not returning early. But again, we had to travel and pandemic will keep going on who knows till when. I think the officers understand that.
 

SecularFirst

Hero Member
Nov 21, 2015
432
57
I have a question regarding updating spouse’s and child’s address to IRCC. My spouse has her own Express entry in process under FSW. GCMS notes show eligibility passed, criminality passed and officer’s notes reveals he is satisfied with the paperwork. Final decision is yet made.

Now my spouse will be staying in Canada on Visitor status for atleast 4 months. Do we need to update IRCC for change of address?
Also will it delayed or increase the chances of receiving PR now that she is in Canada? I guess IRCC was not issuing new PR to outland FSW.
Thanks.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
I have a question regarding updating spouse’s and child’s address to IRCC. My spouse has her own Express entry in process under FSW. GCMS notes show eligibility passed, criminality passed and officer’s notes reveals he is satisfied with the paperwork. Final decision is yet made.

Now my spouse will be staying in Canada on Visitor status for atleast 4 months. Do we need to update IRCC for change of address?
Also will it delayed or increase the chances of receiving PR now that she is in Canada? I guess IRCC was not issuing new PR to outland FSW.
Thanks.
Yes you should update her address. Her chances of getting PR soon increases if she remains in Canada since there is now a virtual COPR only for landing in Canada. Don’t forget to get health insurance for both your child and spouse.
 

SecularFirst

Hero Member
Nov 21, 2015
432
57
Thanks. We all had already purchased good health insurance before moving back. We didn’t want to take any chance with the baby and coronavirus.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Thanks. We all had already purchased good health insurance before moving back. We didn’t want to take any chance with the baby and coronavirus.
Covid care is covered for everyone in every province I think. Public health position to protect those in Canada with provincial healthcare.
 

armoured

VIP Member
Feb 1, 2015
15,226
7,752
I have returned to Canada last week. I was not given any notice to revoke PR. It was a normal entry. I retuned with spouse and kid. Spouse and kid are both on visitor status in Canada. The officer gave them 6 months visitor status. The officer asked if my spouse had study permit before, she said yes as she finished her masters in Canada before moving out for further study. We did have to go to secondary. The officer asked me the reason to be away from Canada. I told him I went out for school. The officer seems to be fine with that. The officers were little annoyed by the fact that we were traveling in the middle of the pandemic. They didnt seem to be concerned about not returning early. But again, we had to travel and pandemic will keep going on who knows till when. I think the officers understand that.
Congratulations. So basically you were waved through without much in the way of additional questions. Hope the rest of the process goes as smoothly for you and your family.

Glad to see at least that the rather extreme approach of renouncing and re-applying was not needed.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Congratulations. So basically you were waved through without much in the way of additional questions. Hope the rest of the process goes as smoothly for you and your family.

Glad to see at least that the rather extreme approach of renouncing and re-applying was not needed.
They did end up in secondary so not what I would call waived through. Missing your RO by 5 months especially given covid would unlikely be reported. Actually being pulled into secondary is more than you often see.
 
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armoured

VIP Member
Feb 1, 2015
15,226
7,752
They did end up in secondary so not what I would call waived through. Missing your RO by 5 months especially given covid would unlikely be reported. Actually being pulled into secondary is more than you often see.
Fair enough, mostly intended to note the comparison with some of the other more dire scenarios posited here.
 

contactniraj

Member
Jul 13, 2020
15
0
Hi @SecularFirst , congratulations. Can you please guide which land border you went through. I am in a similar situation and trying to travel in next few weeks. Also what did you provide/explain them as your quarantine plan? I will really appreciate your guidance here. Thanks.
 
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SecularFirst

Hero Member
Nov 21, 2015
432
57
Hi @SecularFirst , congratulations. Can you please guide which land border you went through. I am in a similar situation and trying to travel in next few weeks. Also what did you provide/explain them as your quarantine plan? I will really appreciate your guidance here. Thanks.
I entered through Toronto airport. They asked about the place to quarantine and the way to get groceries. We rented entire house and one of our friend already left 2 weeks worth of groceries and supplies a day before in the house. They also need a phone number to follow up. I recommend setting up wifi before you move in as visitors are prohibited once you are in quarantine. We have asked public health authorities if someone can come and install wifi at the place while we are all upstairs inside rooms or in the backyard. They said thats fine just minimize contact. Also we asked if something starts leaking or need repair in the house, can we call plumber or electrician while in quarantine. That seems to be okay too.