PR coming to Canada with less than 730 days and a new addition to the family

[hmoosa81]

Dear All
We landed in Canada and obtained our PR cards in April 2013 with expiry date of 4 June 2018. At the time of landing we stayed for 15 days and came back to UAE with intention of winding up in a year's time and relocate permanently. During this period following happened:

• We started expecting our second child during first half of 2014. As the due date was during early months of 2015 and due to a medical condition, we decided to defer our plans by few months to complete the delivery procedures and pre-natal care in UAE.
• Our younger son was born in January 2015 in UAE who does not have a PR.
• In mid of June 2015, unfortunately my mother who is in Pakistan built a rare neurological disorder. This period required both financial support and my regular travels to Pakistan for her medical care which was only possible from UAE being close by.

Now, since we have very limited time left for Canadian PRs to expire we have now decided again pursue our relocation plan. However, I need clarity on the following:

1. Our younger son does not have a PR / travel document for Canada. What are the options available for us to be eligible to take him with us as well before expiry of our PR cards. Can we apply for a temporary travel permit for him and then apply for his PR when we are in Canada?
2. Although we have valid PRs but time left till expiry is less than 730 days, are there any major chances of us being reported and what are the implications.
3. While we are in Canada and after the expiry of our PRs, in case of any family emergency (as my mother is unwell) is there a possibility for a short visit to Pakistan - only for emergency situation.

Would really appreciate help and guidance from the experienced members.

 

[Rob_TO]

Our younger son does not have a PR / travel document for Canada. What are the options available for us to be eligible to take him with us as well before expiry of our PR cards. Can we apply for a temporary travel permit for him and then apply for his PR when we are in Canada?

Sure you can apply for a TRV or TRP for him to travel to Canada, however there is no guarantee it will be approved.

Also since you are in violation of the Residency Obligation, you can't sponsor him for PR after returning to Canada. If you can make it in without being reported, you'll need to wait 2 years until you come back into compliance with RO, and only then can sponsor him for PR.

Although we have valid PRs but time left till expiry is less than 730 days, are there any major chances of us being reported and what are the implications.

If CBSA notices you don't meet the RO, they can report you which will start process to revoke all of your PR statuses.

Also if you attempt to sponsor your child within first 2 years, IRCC will notice you don't meet RO, will cancel the sponsorship app, and start process to revoke your status.

While we are in Canada and after the expiry of our PRs, in case of any family emergency (as my mother is unwell) is there a possibility for a short visit to Pakistan - only for emergency situation..

If making it into Canada without being reported, you need to commit to stay here 2 years without leaving for any reason.

If you did leave, even for emergency, chances are you wouldn't be able to return without being reported and process started to revoke your PR status. You could attempt a PR TD under H&C reasons, but much of your time outside Canada seems like it was for personal reasons so no guarantee it would be successful.

 

[hmoosa81]

Sure you can apply for a TRV or TRP for him to travel to Canada, however there is no guarantee it will be approved.

Thanks. If either TRV or TRP gets approved what is the time duration of stay allowed under these two permits. Will my son be able to stay with us for two years under these till the time I am eligible to apply for sponsorship.
Also, i assume he will not be entitled for any health benefit during this period. Will i be able to put him in a nursery school (as he is only 2.5 yrs old, his education anyhow has to be paid by parent till he reaches 6).

 

[Buletruck]

If you do get a TRV, you will need to apply for an extension(s) for him at some point. There is always the risk they wont be approved. Depending on the province, he may be eligible for health benefits as long as he is in status.

 

[Rob_TO]

Thanks. If either TRV or TRP gets approved what is the time duration of stay allowed under these two permits. Will my son be able to stay with us for two years under these till the time I am eligible to apply for sponsorship.
Also, i assume he will not be entitled for any health benefit during this period. Will i be able to put him in a nursery school (as he is only 2.5 yrs old, his education anyhow has to be paid by parent till he reaches 6).

There is no specific time duration, you will only know after you get approved for the visa and actually enter Canada. CBSA has discretion to apply any amount of time that they want upon entry.

Private daycares/nurseries won't care his immigration status, as long as you're paying the fees.

Depending on province, the public school system (junior kindergarten) can start in the year they turn 4 years old (at least for Ontario). Of course to enroll in public school, his immigration status may be an issue. If not a PR yet a school may demand a study permit and/or paying international student fees to enroll him, this is entirely dependent on the specific school.

 

[hmoosa81]

Dear all

I have been advised to enter Canada through US land border where there is higher chance on my son getting a TRP issued then and there.
Is there any merit in this or should I straightaway apply for a TRV with the embassy in my country of residence. Also should it only be a TRV application with PR card copies of parents attached to it or I submit a full descriptive letter and request for TRP.
Please guide