Studying in Canada for US citizen kids

[canuck78]

My spouse landed in May 2023 and her PR expires in Jun 2028. She has stayed in Canada for just a month, but she has much more time thean me

Were you living Canada during the sponsorship period? Were you living in Canada when your spouse landed?

 

[canuck78]

Though my PR was issued in June 2020, my PR card expiration date is Jan 2026. I was considering moving to Canada in June 2025 and complete the remaining 5 months before my PR card expires. Won't that work?

pR card expiry date is not relevant. The 5 years from landing and then the rolling total for RO is what counts. To be compliant you need to meet 730 days from the 5 years from your landing date.

 

[canuck78]

Yes, am aware of that . My plan is to enter Canada before my PR expiration, complete RO requirements and then extend my PR
But meanwhile I should still be able to apply PR for my kids right?

If you aren’t compliant with your RO and don’t get reported for not meeting your RO you risk getting flagged if you apply to sponsor your children. That could mean putting your own PR status at risk.

 

[haziqpathan]

Were you living Canada during the sponsorship period? Were you living in Canada when your spouse landed?

Yes to both, I was in Canada between Oct 2021 and Jul 2023. During this time I applied for spousal PR and she landed in Canada as well.

 

[canuck78]

Yes to both, I was in Canada between Oct 2021 and Jul 2023. During this time I applied for spousal PR and she landed in Canada as well.

Depending on when you actually move your wife will likely be compliant with her RO

 

[scylla]

Though my PR was issued in June 2020, my PR card expiration date is Jan 2026. I was considering moving to Canada in June 2025 and complete the remaining 5 months before my PR card expires. Won't that work?

You will be out of compliance with the residency obligation if you do that. You can still do as planned, however it creates the possibility of being reported at the border for failing to meet the residency obligation.

 

[haziqpathan]

You will be out of compliance with the residency obligation if you do that. You can still do as planned, however it creates the possibility of being reported at the border for failing to meet the residency obligation.

Thanks for the response. How would they know at the border about my RO status as when I enter Canada in Jun 2025, I would still have a valid PR card for 7 more months.

I spoke to another friend who had a similar situation:
Became PR: Mar 2018
Landing: Apr 2018, returned home: May 2018
Recieved PR card: Jul 2018
Moved to Canada: Sep 2021
PR card expired: Jul 2023
Applied PR extension: Sep 2023 with expired PR card and 5 years 6 months since landing
Recieved renewed PR card: Nov 2023

 

[canuck78]

Thanks for the response. How would they know at the border about my RO status as when I enter Canada in Jun 2025, I would still have a valid PR card for 7 more months.

I spoke to another friend who had a similar situation:
Became PR: Mar 2018
Landing: Apr 2018, returned home: May 2018
Recieved PR card: Jul 2018
Moved to Canada: Sep 2021
PR card expired: Jul 2023
Applied PR extension: Sep 2023 with expired PR card and 5 years 6 months since landing
Recieved renewed PR card: Nov 2023

Do you not think that CBSA has access to the info of when you landed as a PR? When you entered and left Canada? A PR card expiry date is unrelated to your residency obligation. Just because your friend didn’t get caught doesn’t mean you won’t. The fact that both your children aren’t PRs and have never lived in Canada could also raise concerns about whether you are compliant with your RO. Nobody can predict whether you will be reported. Involves some luck. In 2021 enforcing ROs was very rare due to Covid restrictions.

 

[scylla]

Thanks for the response. How would they know at the border about my RO status as when I enter Canada in Jun 2025, I would still have a valid PR card for 7 more months.

I spoke to another friend who had a similar situation:
Became PR: Mar 2018
Landing: Apr 2018, returned home: May 2018
Recieved PR card: Jul 2018
Moved to Canada: Sep 2021
PR card expired: Jul 2023
Applied PR extension: Sep 2023 with expired PR card and 5 years 6 months since landing
Recieved renewed PR card: Nov 2023

Your friend got lucky. You may get lucky too or you may not. In your friend's case CBSA would have seen they were outside of Canada for more than three years based on their last entry date which means they were out of compliance with RO. It's up to each CBSA agent if they report you or not. Your friend was lucky and didn't get reported. Again, very possible you may get lucky too however you should be aware there is always a risk of being reported if you don't have the days to meet RO.

 

[haziqpathan]

Do you not think that CBSA has access to the info of when you landed as a PR? When you entered and left Canada? A PR card expiry date is unrelated to your residency obligation. Just because your friend didn’t get caught doesn’t mean you won’t. The fact that both your children aren’t PRs and have never lived in Canada could also raise concerns about whether you are compliant with your RO. Nobody can predict whether you will be reported. Involves some luck. In 2021 enforcing ROs was very rare due to Covid restrictions.

I appreciate the insight. I did an exact calculation of the number of days to complete the 730 days and its about 4 months time. So considering landing date of Jun 2020, if we plan to enter in Apr 2025, will it still be an issue. Unfortunately we cant enter before April as my daughter has to appear for her exams in March. In case they try to flag us, can we explain this situation and hopefully get through?

 

[haziqpathan]

Your friend got lucky. You may get lucky too or you may not. In your friend's case CBSA would have seen they were outside of Canada for more than three years based on their last entry date which means they were out of compliance with RO. It's up to each CBSA agent if they report you or not. Your friend was lucky and didn't get reported. Again, very possible you may get lucky too however you should be aware there is always a risk of being reported if you don't have the days to meet RO.

Same question as i asked above. I did an exact calculation of the number of days to complete the 730 days and its about 4 months time. So considering landing date of Jun 2020, if we plan to enter in Apr 2025, will it still be an issue. Unfortunately we cant enter before April as my daughter has to appear for her exams in March. In case they try to flag us, can we explain this situation and hopefully get through?

 

[canuck78]

I appreciate the insight. I did an exact calculation of the number of days to complete the 730 days and its about 4 months time. So considering landing date of Jun 2020, if we plan to enter in Apr 2025, will it still be an issue. Unfortunately we cant enter before April as my daughter has to appear for her exams in March. In case they try to flag us, can we explain this situation and hopefully get through?

The closer you arrive the better but your daughter’s exams are not a great reason when you had a few years to move.

 

[forevermore76]

You don’t need LOA for minors. Study permit can be applied outside Canada. Don’t know about validity but may need to renewed depending on if you apply for their PR. Not sure about international fees but if not PR by post secondary then they will need to pay international fees. Check IRCC processing times (google it) on the site RO is residency obligation so that is from when landed as PR and how long you have spent in Canada.

Why didn’t you include them in your application in the first place so they would have access to healthcare, education etc.

IRCC says LOA is required.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html