Not met RO and now in canada

[shk123]

I recently entered canada with my wife and kids. My PR will expire this year in November and I have not met my residency obligation.

One of my kids has entered on a visit visa as he was not born when I got my residency

My plan now is to go back to my home country and continue my work while my family will stay in canada for three years so they could get citizenship. However, I do plan to visit them once in a while (like every 3 months)

My question is:
1. Once I leave canada, I will not be able to re enter as my PR is expired. Will I then apply for PRTD each time I have to come and visit them? What are the chances to obtain a PRTD.
2. I do not plan to renew PR cards of my family as I have not met residency obligation. They will stay for 2 years then apply for PR and then apply for citizenship the subsequent year. But what about my child who is on visit visa. Should I apply his PR card under family sponsorship or keep extending his visit visa every 6 months. Can this be done for three years?

I know I have messed things but looking for a genuine advise.

 

[steaky]

I recently entered canada with my wife and kids. My PR will expire this year in November and I have not met my residency obligation.

One of my kids has entered on a visit visa as he was not born when I got my residency

My plan now is to go back to my home country and continue my work while my family will stay in canada for three years so they could get citizenship. However, I do plan to visit them once in a while (like every 3 months)

My question is:
1. Once I leave canada, I will not be able to re enter as my PR is expired. Will I then apply for PRTD each time I have to come and visit them? What are the chances to obtain a PRTD.
2. I do not plan to renew PR cards of my family as I have not met residency obligation. They will stay for 2 years then apply for PR and then apply for citizenship the subsequent year. But what about my child who is on visit visa. Should I apply his PR card under family sponsorship or keep extending his visit visa every 6 months. Can this be done for three years?

I know I have messed things but looking for a genuine advise.

1) Slim
2) I think you should renounce your PR status formally. Once your PR spouse meets her residency obligation, he/she can sponsor you or the kid with visitor status to immigrate to Canada. In the meantime, keep your non-PR kid with you outside Canada until your PR spouse meets their PR obligation. Otherwise you can try to renew the visitor status every 6 months.

 

[canuck78]

I recently entered canada with my wife and kids. My PR will expire this year in November and I have not met my residency obligation.

One of my kids has entered on a visit visa as he was not born when I got my residency

My plan now is to go back to my home country and continue my work while my family will stay in canada for three years so they could get citizenship. However, I do plan to visit them once in a while (like every 3 months)

My question is:
1. Once I leave canada, I will not be able to re enter as my PR is expired. Will I then apply for PRTD each time I have to come and visit them? What are the chances to obtain a PRTD.
2. I do not plan to renew PR cards of my family as I have not met residency obligation. They will stay for 2 years then apply for PR and then apply for citizenship the subsequent year. But what about my child who is on visit visa. Should I apply his PR card under family sponsorship or keep extending his visit visa every 6 months. Can this be done for three years?

I know I have messed things but looking for a genuine advise.

There is a very good chances you may end up not being able to see your family for many years. Your choice to return to your home country and not work in Canada is a personal choice not H&C. If your spouse is also not working in Canada they could also join you abroad. This is not a good plan. Your spouse should also not attempt to sponsor your child until she is in compliance with her RO. In most provinces your child will not have healthcare coverage so buy private insurance.

Also reinforces why RO for citizenship should be 5 yrs not 3.

 

[shk123]

1) Slim
2) I think you should renounce your PR status formally. Once your PR spouse meets her residency obligation, he/she can sponsor you or the kid with visitor status to immigrate to Canada. In the meantime, keep your non-PR kid with you outside Canada until your PR spouse meets their PR obligation. Otherwise you can try to renew the visitor status every 6 months.

So if I renouce my PR status, I should then apply for visit which is easier to get than a PRTD. Is that correct? Also I forgot to mention that my non PR kid is 2 years so can't stay away from the mother.
What is the risk of sponsoring him and applying for his PR card. My PR card is still valid. I read in the application form. It said that your application might be affected if you have not met your residency obligations. By using the word "might", it seems like there is a possibility (although very low) that he gets the PR approval.

 

[April1990]

From a personal experience , my family took the same decision. it hunts us back, it took us 25 years to fix it.

 

[canuck78]

So if I renouce my PR status, I should then apply for visit which is easier to get than a PRTD. Is that correct? Also I forgot to mention that my non PR kid is 2 years so can't stay away from the mother.
What is the risk of sponsoring him and applying for his PR card. My PR card is still valid. I read in the application form. It said that your application might be affected if you have not met your residency obligations. By using the word "might", it seems like there is a possibility (although very low) that he gets the PR approval.

First of all 2 year old can live with a father this does happen. The issue is you may have a lot of difficulty actually getting the TRV if your family is in Canada and you renounced your PR. Chances of PRTD based on H&C are incredibly low. You can try to enter via the US land border but you’ll likely be reported at a certain point. Yes your spouse could be reported for not meeting her RO if she tries to sponsor your child. Is she close to meeting RO?

 

[shk123]

First of all 2 year old can live with a father this does happen. The issue is you may have a lot of difficulty actually getting the TRV if your family is in Canada and you renounced your PR. Chances of PRTD based on H&C are incredibly low. You can try to enter via the US land border but you’ll likely be reported at a certain point. Yes your spouse could be reported for not meeting her RO if she tries to sponsor your child. Is she close to meeting RO?

We have lived in Canada for 6 months. To be fair, we landed in 2020 during COVID which was not an ideal time. We stayed for six months and I was not able to secure a job. Therefore we left. Ideally I should have returned back when things went normal somewhere in early 2022 but some personal circumstances did not allow us to travel (not something which could be a justification for IRCC).
I think the only option I have is to apply for my son's PR. As you said that chances are that we get reported which means there are still some chances that he gets the PR. I would take that risk. If he gets the PR, then my family could stay and I can then try for the PRTD to visit them. That's the only option I could think of now.

 

[YVR123]

We have lived in Canada for 6 months. To be fair, we landed in 2020 during COVID which was not an ideal time. We stayed for six months and I was not able to secure a job. Therefore we left. Ideally I should have returned back when things went normal somewhere in early 2022 but some personal circumstances did not allow us to travel (not something which could be a justification for IRCC).
I think the only option I have is to apply for my son's PR. As you said that chances are that we get reported which means there are still some chances that he gets the PR. I would take that risk. If he gets the PR, then my family could stay and I can then try for the PRTD to visit them. That's the only option I could think of now.

A side note, if you decided to work aboard, since your whole family stay in Canada, you will likely have strong ties to be a tax resident.
So be prepared to pay tax on your oversea income.

Frankly, I don't think that's a good plan to apply to sponsor your kid when the sponsor doesn't meet RO.

 

[armoured]

I think the only option I have is to apply for my son's PR. As you said that chances are that we get reported which means there are still some chances that he gets the PR. I would take that risk. If he gets the PR, then my family could stay and I can then try for the PRTD to visit them. That's the only option I could think of now.

While I'm not going to recommend this course of action because there are risks, there are some rather common sense suggestions:
-Have the person who is living in Canada (eg your spouse) be the sponsor.
-That person will still need to show ability to support, financially, so you will end up having to provide info on your income.
-I would not have the sponsorship application submitted immediately, but only after your spouse is 'well settled' in Canada and obviously so (i.e. can document).

On a rather simple point, the likelihood of some issue (i.e. IRCC pursuing the issue of her RO compliance) goes down the closer she is to being compliant.

Would also look carefully into what aspects of the child's status depends upon being a PR. Realistically school is not an issue for a couple years yet, health care is the principal one.

Again, I'm not recommending: the risk of having the PR status being challenged exists. Only a decision you can make. There are some H&C / other factors which might mitigate some the risks of it happening - but it does not disappear and the consequences may be severe for your family.

 

[canuck78]

We have lived in Canada for 6 months. To be fair, we landed in 2020 during COVID which was not an ideal time. We stayed for six months and I was not able to secure a job. Therefore we left. Ideally I should have returned back when things went normal somewhere in early 2022 but some personal circumstances did not allow us to travel (not something which could be a justification for IRCC).
I think the only option I have is to apply for my son's PR. As you said that chances are that we get reported which means there are still some chances that he gets the PR. I would take that risk. If he gets the PR, then my family could stay and I can then try for the PRTD to visit them. That's the only option I could think of now.

How exactly would you qualify for a PRTD?