RO not met

[joey.999]

Hello everyone,
My PR card expired since feb 2014. The last time I've been to Canada was in Aug 2012. I've spent almost a year in Canada so basically I did not meet RO. I was 11 years old when I left Canada. I am planning to return to Canada for University in 2019 at which I will be 18. I have a H&C reason to apply for PR TD, but my parents as well are returning to Canada. So applying for a PR TD is not the best option. So my question is, should we enter all together through the US border and take the risk of being reported or not, or should I enter before my parents? If I was asked at the border why I did not meet the RO, should I mention my H&C reason or it would affect my parents when they attempt to cross the border? If we get reported, what should we do to try to win the appeal?

 

[Rob_TO]

You should not enter with your parents, or have anything to do with your parents when it comes to getting back to Canada and your PR status, applying for PR TD, etc.

You have a good chance to get back to Canada and keep your PR status due to your H&C reason of being removed as a minor (although still not guaranteed).

Your parents though probably do not have a good chance. Will they go to US and try to enter via a land border? If so they will probably be reported and process started to revoke their PR status. You do not want to be associated with them for this so should go separately.

 

[joey.999]

You should not enter with your parents, or have anything to do with your parents when it comes to getting back to Canada and your PR status, applying for PR TD, etc.

You have a good chance to get back to Canada and keep your PR status due to your H&C reason of being removed as a minor (although still not guaranteed).

Your parents though probably do not have a good chance. Will they go to US and try to enter via a land border? If so they will probably be reported and process started to revoke their PR status. You do not want to be associated with them for this so should go separately.

Yes they will try to enter via land border. My H&C reason won't affect them by any means if they try to cross the border?

 

[Rob_TO]

Yes they will try to enter via land border. My H&C reason won't affect them by any means if they try to cross the border?

No your H&C reason is your own. It will not help your parents.

 

[joey.999]

No your H&C reason is your own. It will not help your parents.

I mean it won’t affect them in a negative way?

So as an expert, what do you prefer to do for the whole family my parents, brother 25 years old, and I. And if we got reported what can we do until the hearing to help us in our case. Like buying a real estate for example..

 

[scylla]

I mean it won’t affect them in a negative way?

So as an expert, what do you prefer to do for the whole family my parents, brother 25 years old, and I. And if we got reported what can we do until the hearing to help us in our case. Like buying a real estate for example..

Buying real estate in Canada won't help your case if you get reported. What helps your case is having very strong H&C reasons why you had to be outside of Canada and having evidence to back up this claim.

 

[joey.999]

Buying real estate in Canada won't help your case if you get reported. What helps your case is having very strong H&C reasons why you had to be outside of Canada and having evidence to back up this claim.

Do you prefer to enter through the border as a family or what?

 

[Rob_TO]

I mean it won’t affect them in a negative way?

So as an expert, what do you prefer to do for the whole family my parents, brother 25 years old, and I. And if we got reported what can we do until the hearing to help us in our case. Like buying a real estate for example..

If I were you I'd enter by yourself since you are the only one with a valid H&C claim. You don't want to be associated with your family here, since a CBSA officer could simply decide to report the lot of you as a family for all not meeting RO.

If your family is reported, then if they appeal it may be a while (1-2 years) before their appeal date. If during this time they fully integrate themselves into Canadian society that may help in the appeal hearing, but really if they had no valid H&C reasons for not meeting RO in the first place the likely scenario is the appeal would be denied and everyone would lose PR status and be asked to leave Canada. Appeals are often unpredictable though so you never know. If appealing they would be wise to hire a lawyer, and they could advise on the appeal process a lot better.

 

[joey.999]

If I were you I'd enter by yourself since you are the only one with a valid H&C claim. You don't want to be associated with your family here, since a CBSA officer could simply decide to report the lot of you as a family for all not meeting RO.

If your family is reported, then if they appeal it may be a while (1-2 years) before their appeal date. If during this time they fully integrate themselves into Canadian society that may help in the appeal hearing, but really if they had no valid H&C reasons for not meeting RO in the first place the likely scenario is the appeal would be denied and everyone would lose PR status and be asked to leave Canada. Appeals are often unpredictable though so you never know. If appealing they would be wise to hire a lawyer, and they could advise on the appeal process a lot better.

1-If we were all reported, Can I then appeal for myself alone and provide my H&C reason?
2-How can we integrate ourselves into Canadian society?

 

[Rob_TO]

1-If we were all reported, Can I then appeal for myself alone and provide my H&C reason?
2-How can we integrate ourselves into Canadian society?

1 - Yes, but you want to do whatever possible to not be reported in the first place.

2 - Stay in Canada during the appeal waiting time, go to school, get jobs, be active in the community, etc etc

 

[canuck78]

Don't count on integration to win H&C. Your family spent 1 year in Canada and that was almost 10 years ago. Your brother should consider whether he has other ways to immigrate to Canada.

 

[joey.999]

According to statistics, what is the probability to get reported when crossing the Rainbow Bridge with an expired PR card and RO violation?

 

[scylla]

According to statistics, what is the probability to get reported when crossing the Rainbow Bridge with an expired PR card and RO violation?

There are no such stats available.

 

[joey.999]

There are no such stats available.

From cases available on this forum, do most of them succeed?

 

[Rob_TO]

According to statistics, what is the probability to get reported when crossing the Rainbow Bridge with an expired PR card and RO violation?

With no real H&C reasons, then I would say a very high probability to be reported if CBSA is doing their job properly.