Not met the 730 residency obligation

[shk123]

I got my PR card in Nov 2019 when I did soft landing and returned back to my home country.
I then came to Canada in Sept 2020. Unfortunately, COVID was all over. I still tried to secure a job but given no luck, I returned back to my home country in Feb 2021. I had planned to return back in 2022 once the COVID situation is over. However, my wife got pregnant and we were blessed with our third child in Aug 2022. We were advised by the doctor not to travel during pregnancy.

Later, I kept on thinking on returning to canada but we did not want to travel with our young infant at that stage (not a genuine reason from IRCC's perspective)
In Jan 2024, I applied for my third child visit Visa which I was granted.

I now intend to land in Canada in Sept 2024 with my wife and kids (note the third child does not have a PR but a visit visa). My PR card will expire in Mid Nov 2024

I am planning to apply for PR renewal of the four of us as soon as I land.

Question:
1. What are the chances of PR renewal given the case described above
2. Should I wait for my PR to be renewed and then sponsor my third son for PR. Or can I apply in parallel to my application. If the answer is I should wait for my PR renewal, then what happens if I don't get a response in 6months as my son can only stay for 6 months in canada given he has a visit VISA.

Thanks

 

[canuck78]

I got my PR card in Nov 2019 when I did soft landing and returned back to my home country.
I then came to Canada in Sept 2020. Unfortunately, COVID was all over. I still tried to secure a job but given no luck, I returned back to my home country in Feb 2021. I had planned to return back in 2022 once the COVID situation is over. However, my wife got pregnant and we were blessed with our third child in Aug 2022. We were advised by the doctor not to travel during pregnancy.

Later, I kept on thinking on returning to canada but we did not want to travel with our young infant at that stage (not a genuine reason from IRCC's perspective)
In Jan 2024, I applied for my third child visit Visa which I was granted.

I now intend to land in Canada in Sept 2024 with my wife and kids (note the third child does not have a PR but a visit visa). My PR card will expire in Mid Nov 2024

I am planning to apply for PR renewal of the four of us as soon as I land.

Question:
1. What are the chances of PR renewal given the case described above
2. Should I wait for my PR to be renewed and then sponsor my third son for PR. Or can I apply in parallel to my application. If the answer is I should wait for my PR renewal, then what happens if I don't get a response in 6months as my son can only stay for 6 months in canada given he has a visit VISA.

Thanks

You are taking a huge risk if you apply for PR renewal on arrival if you aren’t reported. Until you have secure Pr card renewal you should not sponsor your 3rd child.

 

[shk123]

You are taking a huge risk if you apply for PR renewal on arrival if you aren’t reported. Until you have secure Pr card renewal you should not sponsor your 3rd child.

Thanks Canuck. I fully agree with what you are saying. However, if I do not renew my PR card upon landing, 6 months later, my third child (who is on a Visit VISA) will have to exit. If I exit with him, I will not be able to re-enter. So I think i will have to take that risk of applying for the PR renewal upon landing. Chances are that they dont renew, however, that's the best action for now. Would you agree? Thanks again

 

[scylla]

Thanks Canuck. I fully agree with what you are saying. However, if I do not renew my PR card upon landing, 6 months later, my third child (who is on a Visit VISA) will have to exit. If I exit with him, I will not be able to re-enter. So I think i will have to take that risk of applying for the PR renewal upon landing. Chances are that they dont renew, however, that's the best action for now. Would you agree? Thanks again

This is incorrect. You can apply for a visitor record for your child to allow them to remain in Canada longer without leaving.

I disagree with the approach you are planning. You should not apply to renew your PR cards until you meet RO.

 

[shk123]

This is incorrect. You can apply for a visitor record for your child to allow them to remain in Canada longer without leaving.

I disagree with the approach you are planning. You should not apply to renew your PR cards until you meet RO.

Thanks. Would they not know at that time (when i apply for visitor record for my child) that I am on an expired PR card?
Also, would appreciate if you could let me know the process to apply for a visitor record for the child (maybe a weblink which gives the process).
Thanks

 

[canuck78]

Thanks Canuck. I fully agree with what you are saying. However, if I do not renew my PR card upon landing, 6 months later, my third child (who is on a Visit VISA) will have to exit. If I exit with him, I will not be able to re-enter. So I think i will have to take that risk of applying for the PR renewal upon landing. Chances are that they dont renew, however, that's the best action for now. Would you agree? Thanks again

If they don’t renew it you are at risk of losing your PR status. Also applying for Pr card renewal based on H&C curcumtances has no timeline can easily take over a year to process. If denied and lose status any time in Canada would not be able to count towards Future applications.

 

[Ponga]

Thanks Canuck. I fully agree with what you are saying. However, if I do not renew my PR card upon landing, 6 months later, my third child (who is on a Visit VISA) will have to exit. If I exit with him, I will not be able to re-enter. So I think i will have to take that risk of applying for the PR renewal upon landing. Chances are that they dont renew, however, that's the best action for now. Would you agree? Thanks again

Not true. As a PR you will not be denied entry (even with an expired PR Card,or no card at all) into Canada (even if the CBSA officer issues a 44(1) report for not complying with the Residency Obligation.

 

[scylla]

Thanks. Would they not know at that time (when i apply for visitor record for my child) that I am on an expired PR card?
Also, would appreciate if you could let me know the process to apply for a visitor record for the child (maybe a weblink which gives the process).
Thanks

You are still a PR even if your PR card has expired. This should not impact the visitor record application.

Google IRCC visitor record to find the process to apply.