Sponsor child without meeting PR residency obligation
- Thread starter davidandgoliath
- Start date
Ah, I see. So IF you are not reported, you can refer to my previous post - I think those points are very far from amounting to a recommendation. If you're reported, even more complicated.
And with entering at a land border, note there is not generally a formal process to get H&C (formal) recognition. To do so you'd have to apply for a pRTD, which you'd likely be refused.
This is very, very far from being a tenable or workable 'plan.' Perhaps unless you have lots of funds to cover expenses and/or employment arranged.
If you have either of those, you may want to engage a lawyer.
IMO it's not going to be tenable to sponsor your kids for PR until you have returned to Canada and lived here for 2 years to meet the residency requirement.
Essentially the best case scenario would be for you to not get reported at the border for not meeting H&C. You will need concrete proof that your parents were seriously ill since 2007 if you are going to claim that you have never been able to relocate to Canada permanently since you landed in 2007. You can’t simply state they were ill you‘ll need hospital records, doctors notes, receipts, etc. You will also need proof that there was no other family around. I assume they lived in HK as well and you lived in the same city since 2007. Did they pass away very recently? Death certificates will also be part of the proof required. Realistically it will be very hard to prove that you hadH&C reasons for so long but will have to try. You may get lucky and have a CBSA agent that is willing to waive you through or just doesn’t want to do the paperwork to report you. At the land border if you get waived through it isn’t classified as entering with approved H&C reasons so can’t apply for a PR card without risking losing your PR status. If you applied for PRTD based on H&C from HK you would be refused or approved but could apply flr a PR card on arrival if approved. If you wanted more certainly in your lives about whether you’ll be able to remain inCanada before leaving HK you could apply for PRTD based on H&C. If approved your life becomes much easier because you could apply for a PR card on arrival and apply to sponsor your children right away but there is a huge risk you would be refused a PRTD and go onto lose your PR status.
If you are able to enter without being reported you and your spouse will have to wait 2 years before you meet your RO and can apply for new PR cards. You will not be able to apply for OHIP cards until you get a valid PR card so not OHIP for 2-3 years. Extended healthcare benefits from employers usually require you to have OHIP first. You may struggle to access extended benefits if you can’t access OHIP even if you are PRs. Your SIN# will likely be on hold due to inactivity. You can work with an inactive SIN# but CRA or Service Canada may contact your employer because your SIN# is on hold and tell you that you must bring proof of your status which is usually a valid PR card. You shouldn’t leave Canada until you have valid PR Cards so that may create obstacles. You’ll only be able to sponsor your children after you become compliant with your RO and it will take around a year to sponsor them. That will mean that they won’t have access to OHIP for 3+ years. Private insurance policies rarely cover pre-existing medical issues and prescriptions that were prescribed before taking out the policy so ADHD medication will likely be out of pocket. In Ontario most larger areas are sanctuary cities so your children should be able to attend school without any issue. This is not the case in every province or city. Your children will still have to apply to extend their visitor status in Canada every 6 months. There are never any guarantees that they‘ll be able to do so for around 3 years without anyone looking at why they are visiting for so long and keep on approving them.
This is best case scenario. There is still a pretty good chance that you could be reported at the land border for not meeting your RO. Just wanted to upfront about options and realities.
If you are able to enter without being reported you and your spouse will have to wait 2 years before you meet your RO and can apply for new PR cards. You will not be able to apply for OHIP cards until you get a valid PR card so not OHIP for 2-3 years. Extended healthcare benefits from employers usually require you to have OHIP first. You may struggle to access extended benefits if you can’t access OHIP even if you are PRs. Your SIN# will likely be on hold due to inactivity. You can work with an inactive SIN# but CRA or Service Canada may contact your employer because your SIN# is on hold and tell you that you must bring proof of your status which is usually a valid PR card. You shouldn’t leave Canada until you have valid PR Cards so that may create obstacles. You’ll only be able to sponsor your children after you become compliant with your RO and it will take around a year to sponsor them. That will mean that they won’t have access to OHIP for 3+ years. Private insurance policies rarely cover pre-existing medical issues and prescriptions that were prescribed before taking out the policy so ADHD medication will likely be out of pocket. In Ontario most larger areas are sanctuary cities so your children should be able to attend school without any issue. This is not the case in every province or city. Your children will still have to apply to extend their visitor status in Canada every 6 months. There are never any guarantees that they‘ll be able to do so for around 3 years without anyone looking at why they are visiting for so long and keep on approving them.
This is best case scenario. There is still a pretty good chance that you could be reported at the land border for not meeting your RO. Just wanted to upfront about options and realities.
Thank you all again for your responses. It is very much appreciated.
Yes given the complexity of my case with non RO compliance and kids sponsorship I plan to engage and use the services of Matkowsky and associates who have experience in handling such cases
Having stated the above I am fully aware the final decision rests with IRCC and all I can do is put forward a robust case supported by appropriate justification for non RO compliance to be allowed to remain in Canada and sponsor my children.
Yes given the complexity of my case with non RO compliance and kids sponsorship I plan to engage and use the services of Matkowsky and associates who have experience in handling such cases
Having stated the above I am fully aware the final decision rests with IRCC and all I can do is put forward a robust case supported by appropriate justification for non RO compliance to be allowed to remain in Canada and sponsor my children.
While I agree with most of the points you have made, can you point to a single case please - one - where this has happened? Specifically where 'proof of status' has been required?
Can Verification of Status document (VoS) which can be used in lieu of COPR be considered valid proof of PR status . Both my wife and I are in possession of this document.
When did you get this and what does it say - exactly?
I do not know whether these can be used for most of the purposes referred to above, like health care.
I got these in 2021 from IRCC and basically it has all the info mentioned in the COPR such as current status , date of landing, port of landing and all other standard info such as name, date of birth, etc.
Per IRCC these are not travel docs but can be used to verify and confirm current PR status.
Whilst we have our SINs and OHIP numbers , I think they maybe inactive and I'm not sure if I can reactivate my SIN by visiting /calling Service Canada after I return to Canada?
Many thanks in advance.
Per IRCC these are not travel docs but can be used to verify and confirm current PR status.
Whilst we have our SINs and OHIP numbers , I think they maybe inactive and I'm not sure if I can reactivate my SIN by visiting /calling Service Canada after I return to Canada?
Many thanks in advance.
Again, don't know that anyone has used them this way, no idea whether the relevant agencies would accept.
OHIP: your old one is no good.
SIN: complicated - if inactive (or so-called 'dormant' status), it's a bit complicated. The number is good and can be used to work. The dormant status was introduced to reduce risk fo fraud and access by other parties (eg fraudulent access to benefits). Service Canada seems to require PR card, current. In my view there is no legal basis for that - compliance with residency obligation has nothign to do with PR's right to work. (And after all, Service Canada or CRA or whatever other department could ask this of IRCC directly, and not put the onus on the PR). BUT: would need to be challenged, legally.
And note: even though employers could be contacted, the PR-out-of-compliance is working legally. Now, a lot of employers don't like dealing with questions from CRA - but in my view about the only thing they could ask of the employer is to confirm identity. (Also why I asked above: there's very little information about what CRA does actually ask about, or if they even do. And some unsupported claims about this)
Again though: I think SIN is the least of the potential problems, which are daunting and numerous.
Programs used be the CRA to verify data is actually easily found and online
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/review-your-tax-return-cra/types-reviews.html
Matching Program
The reviews conducted by this program also take place after the notice of assessment has been issued. In this program, information on your return is compared to information provided by third-party sources, such as employers or financial institutions.
Okay - but can you explain how this is relevant to the SIN dormancy issue, and if/whether/how the verification of data would impact a PR in this situation?
Because repeat: SIN dormancy would seem to affect ability to access benefits, but see no evidence that it is actively being used to prevent PRs (in compliance or not) from working. (Despite the idiocy of accepting only a PR card to fix it when there is quite obviously no legal issue with a PR-in-country-but-out-of-compliance actually working).
The biggest issue is that most employers do not want to deal with any doubt when it comes to the status of their employees or issues with CRA. If they receive a letter from CRA about the account of their employees being dormant and asking that the employee go to Service Canada and show their valid PR card most employers will be troubled if their employee can’t resolve the issue. Nobody is saying that legally the PR has a case and they could get lawyers involved but that will likely take time and money.
@davidandgoliath
As already stated by not meeting residency obligation your OHIP must be renewed. It actually sounds like you may have never been entitled to OHIP. To qualify to apply you must be planning on living in Ontario for the first 5 out of 6 months, live in Ontario for 6 months out of the first year and make Ontario your permanent home. The residency requirements change after the first year to being in Ontario for 5 months out of the year and making Ontario your permanent home. A valid OHIP card does not mean you qualify to access healthcare. If you don’t meet residency requirements and use healthcare you can be asked to repay the healthcare you used. If you don’t meet residency requirements youare required to reapply for OHIP even if you still have a valid card. All provinces have different residency requirements to qualify for provincial healthcare. Without a valid PR card we have seen many people be denied a new OHIP card so would plan on having to wait until you have a valid PR card before being able to apply for OHIP.
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I believe I mentioned exactly this point.
This is my specific question: can you show a SINGLE case, actual case, not speculation that this could happen or should happen, that CRA has asked this specific thing, that the employee show or must show their valid PR card to Service Canada? (And by implication that other identification as a PR would somehow not be valid?)
I'm genuinely interested because that is quite a specific claim you are making.
No, but there seem to be periodic claims about specific things that will happen - things that CRA requires of the employers - without actual evidence of such things happening (at least that I can find).
The implications of those claims - that it will be very problematic or indeed impossible for the PR to work - are quite important.
If, on the other hand, this actually does not happen, then the situation looks very different, and the not-infrequent claims that it will lead to employment problems may be largely incorrect and essentially fearmongering.
Hence: evidence, please. (I thought I had bookmarked a post from someone who had processed such requests from CRA as an employee in a company, and the implications were rather different. Can't find that now, will have to track it down later)
Here is the post/exchange I referred to:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-renewal-humanitarian-and-compassionate-prtd.751332/page-2#post-10176258
"Nothing was ever mentioned about someone's PR card."