Urgent help required.

[HAPPY91]

My daughter and I are PR'S OF Canada.However, I received my PR Card but she did not as there was a problem with her photograph.She is 17.5 years old.We both received our SIN cards.

First Landed in Canada-10May 2010
Left Canada-07 june 2010
Total number of days in Canada- 27 DAYS

We plan to return to Canada in the next one week. I have obtained a PRTD for my daughter which was issued on 28th May and reached us on 3rd June. We were supposed to enter Canada by 7th June 2013, to fulfill our 730 day requirement. My PR card expires on 25th June 2015.

I would like to know the following and would like the experienced members to give their inputs.

1. Will we be questioned at the airport as we are falling short of 10 days for us to fulfill the residency requirement.

2. I believe we can be reported. How do we know we have been reported? Will we be issued some sort of paperwork ?

3. If we are reported , Can we appeal it and what are our chances of winning?We do not really have a H AND C consideration. She was busy with exams and IELTS which was required by the universities in Canada to which she had applied.

4. If we are not reported, I understand that we should not apply for my daughter's PR card till we have stayed in Canada for 730 days. Will my daughter be able to seek admission in school without her PR Card? Will she be able to get health facilities and will she be able to apply for a health card?

5. At the port of entry , will we be questioned separately? My daughter is a little timid.


Can any of the experienced members please give me their inputs. Thanks in advance.

 

[HAPPY91]

Can someone please answer my questions?

 

[Msafiri]

1. CBSA agent may or may not enquire as to your period of absence from Canada. Your having a PR Card and a PRTD is in your favour so you should be ok. You may get sent to Secondary inspection where the PRTDas a 1 time entry will either be crossed out in ink or stamp cancelled without prejudice.

2. You could be but unlikely...your breach of the RO is minor at less than 1 month. If reported you are issued paperwork.

3. Yes you can appeal within 30 days. Your reasons are weak but the breach is minor and your child will get a pass...she had little say in you removing her from Canada. By the way IELTS being required by the Universities is moot as these tests could have been done in Canada or if she attended high school in Canada would not be necessary.

4. The PR Card was mean't to be a proof of status document for travel but through function creep is slowly becoming the only acceptable proof of PR status for obtaining government services. AFAIK this is not a legal position but rather a policy decision. The government may eventually endorse the function creep by saying the PR Card eliminates the risk of fraud compared to paper based COPR/IMM1000. Expect to argue that the PR Card is not required and instead show COPR issued for initial landing. Check what the education board requires. Health card may be more tricky but again check what documents they require. Note that depending on what province you return to reside there could be up to a 3 month waiting period for health cover to start (e.g. Ontario) so apply as soon as your return and get private insurance to cover the waiting period.

5. They usually process families especially with minors together. You should use one customs declaration form it will assist with this.

The Residence Obligation is to be attained in the 5 year period from your landing in May 2010. You've left yourself with no margin for absences so you should really sit tight in Canada for 2 years straight.

 

[HAPPY91]

Thanks for your help.

Would like to know if I apply for my daughter's PR Card after 2.2 years will it raise questions? By that time will she be in good standing regarding the number of days she she has stayed in Canada.....by that time it will be 730 days and over.

thanks for your time

 

[Msafiri]

Thanks for your help.

Would like to know if I apply for my daughter's PR Card after 2.2 years will it raise questions? By that time will she be in good standing regarding the number of days she she has stayed in Canada.....by that time it will be 730 days and over.

thanks for your time

Should be ok subject to meeting the 730 days...CIC can ask for further proof of residence. Its still early so lets wait and see what the application requirements and process will be in 2015 (I'm expecting a finger print requirement to eventually be part of the process for those who are age of majority).

 

[HAPPY91]

thanks for the help. God bless.

 

[HAPPY91]

Msafiri

Can you please clarify.

"Should be ok subject to meeting the 730 days...CIC can ask for further proof of residence."

Thanks

 

[HAPPY91]

CAN ONE OF THE MEMBES PLEASE ANSWER- LEON PLEASE

mY CASE IS AS ABOVE. NOW THAT I AM IN CANADA,WHEN SHOULD I APPLY FOR MY DAUGHTER'S PR CARD? SHOULD I APPLY AFTER 2.2 YEARS? WILL SHE BE QUESTIONED AFTER 2.2 YEARS.

tHANKS

 

[zardoz]

Apply only once she meets the residency obligation requirements (730 days in Canada out of the 1835 days immediately preceeding the renewal application)
She can be questioned if CIC decide to. You can't change that.