I concur in the responses by both @
scylla and @
Rob_TO . . .
. . . but I will elaborate at some length to further address a very common flaw in how more than a few approach such matters, an approach which tends to rely on an anecdotal report about how things went for one person (or more) as indicating how things are likely to go or should go for another person.
The short version is simple:
-- it is quite easy to forecast an outcome consistent with how things are supposed to work, according to the rules; anecdotal reports help confirm probable outcomes but are not why the outcome can be reliably forecast, as the rules indicate how it is likely to go
-- it is risky (at best) to forecast an outcome inconsistent with how things are supposed to work, according to the rules; anecdotal reports otherwise only indicate it can happen, NOT that it is likely to happen, NOT that it will happen, and these typically fail to illuminate sufficient information about how this happened in the particular instance
There are exceptions. For many years PRs in possession of a passport issued by a visa-exempt country could board a flight to Canada without presenting a valid PR card. The rule was otherwise, that PRs need to present a valid PR card or PR TD. There was always some risk for a PR not complying with the rules. Prudent PRs avoided testing this. BUT it was so commonly allowed that many relied on the exception being the, in effect, de facto rule, and apparently running into a problem regarding this was unusual if not rare. BUT EXCEPTIONS ARE THE EXCEPTION. And they tend to be widely known.
The much longer version:
Hi guys,
A friend of mine said to me the he hadn't met the RO requirements but managed to pass the POE unnoticed. The shocking yet happy news for me was that he could apply for wife sponsorship right after finding a job and the application was successful! And her wife is joining her within weeks. Is it possible? Your replies are appreciated as I am going through the same situation.
As @
Rob_TO observed, there are many, many additional details which are relevant to how something like this might go, and relative to your friend, relevant to understanding how things went in his case.
And I do not mean to be hyper-technical about the language, but feel compelled to highlight the fact that the literal meaning of "managed to pass the POE unnoticed" denotes an illegal entry, since all persons (even Canadian citizens) are not legally allowed to enter Canada "unnoticed," as in without being examined, recognizing there are indeed scores of ways a person could indeed "pass the POE unnoticed" (I have actually done this accidentally, having parked on the wrong side of the border once, soon being informed of the error by staff in the facility I was visiting, however, and thus quickly relocating my vehicle, so I do not know if the U.S. Border Patrol would have soon shown up if I had not quickly relocated my car to the Canadian side of the border).
I guess what you really mean is that he was examined but managed to not be reported at the PoE, either managing to enter without being identified as a Canadian (Canadian PR), or without being examined as to PR Residency Obligation compliance, or not reported notwithstanding some questioning about PR RO compliance. Just which of these four scenarios is what happened (ranging from literally unnoticed to examined but not reported) alludes to a variety of differing circumstances which are important elements in understanding what actually happened, and trying to discern why, toward forecasting the odds of another PR managing to do likewise.
And that has to do with just the fact of getting into Canada without being reported, which again that alone depends on widely varying facts and circumstances. Not to mention the variables which are then in play in successfully sponsoring a spouse.
Among the more salient circumstances which play a big role in just the entry into Canada part:
-- extent of breach of the PR RO
-- duration of last absence from Canada
-- pattern and duration of prior trips to Canada
-- history underlying obtaining PR
-- overall immigration history
-- country issuing PR's passport
-- circumstances of entry, not the least of which is how the PR responded to questions in the PoE examination (assuming it is not literally an unnoticed entry), including:
-- -- whether the PR presents a valid PR card
-- -- whether the PR truthfully responds to any question related to how long the PR has been outside Canada or in the nature of "where do you live" (PRs in breach of the PR RO are notoriously, at the least, evasive about these sorts of queries, and way more than "some" offer outright deceptive responses)
-- -- physical circumstances of entry (for example: if PR is a passenger in a car owned and driven by a family member who is a Canadian (PR or citizen) and whose car is registered in Canada, the odds of no PR RO examination for a PR in possession of a valid PR card are a lot better . . . better than a PR without a PR card, for example, particularly one traveling alone, and arriving at the border in a U.S. registered vehicle)
-- PR's explanation, if asked, about the nature or purpose of his absence(s)
The above really only scratches the surface, and again that is just about how it goes when entering Canada. Many of these variables are also relevant to how a sponsorship application will go, but those are among many other additional factors as well.
I have gone into such detail to emphasize that attempting to extrapolate how things are likely to go, let alone how they will actually go, based on isolated similarities, such as
not-in-compliance-with-the-PR-RO, is a largely futile if not impossible endeavor. Even if nearly all the circumstances I reference above are very near identical, there is nonetheless a wide range of possible outcomes.
@
Rob_TO also alludes to an important factor in a related but different equation: what should happen, or more specifically about your friend's reported experience, what should not happen.
The outcome is more easily and reliably forecast when the equation is about meeting the eligibility requirements for something. It is easy to forecast that a PR with a valid PR card and who is in compliance with the PR RO will not have any problems upon arrival at a PoE. It is easy to forecast that a PR whose status is good, who is in compliance with the PR RO, and who is otherwise eligible to sponsor a family member, will be successful in sponsoring an eligible spouse. We see scores and scores of anecdotal reports consistent with this. But those anecdotal reports are NOT why we can reliably forecast these outcomes; these outcomes are what should happen.
Overall there is way, way too much reliance on anecdotal reporting in the forums. What happened to one individual or ten individuals, or more, does not illuminate much at all about what will happen for someone else. It is good to have anecdotal confirmation that what should happen does happen. Anecdotal experiences contrary to what should happen, however, offer very little assurance that is how it will go for someone else.
In any event:
-- a PR in breach of the PR RO is at risk for being reported upon arrival at a PoE, even though more than a few who are in breach are allowed to enter Canada without being reported; relevant factors are discussed in numerous topics here
-- a PR in breach of the PR RO is NOT eligible to sponsor a spouse for PR
-- whether IRCC will closely examine the sponsor for compliance with the PR RO can vary depending on many circumstances BUT for a PR who is well short of being in compliance, making a sponsorship application can TRIGGER a PR RO examination and, if determined to be in breach, result in being reported and issued a Departure Order (losing PR status unless the Report is successfully appealed)
