Pr entering Canada after staying more than 3 years abroad

[fkhan123]

Thanks keesio, if the #1 is considerable and also capitalizing on the strong ties card...can I take a risk or chance to deal with the lawsuit I filed to collect my money which is half way through, until the expiry of my PR card in Jan 2018. The case I faced whereby as a responded of the case I was legally bound to be around until it got dismissed...and if I would have left that country it would be un-lawful during the case was pending. (Is this could be a compelling HC grounds?). Being the sole owner of the "Sole Proprietorship"; and I still conducting business on its behalf while being out....will it not add any water.

Please anyone else could also through some light on earliest possible....!

 

[dpenabill]

Thanks keesio, if the #1 is considerable and also capitalizing on the strong ties card...can I take a risk or chance to deal with the lawsuit I filed to collect my money which is half way through, until the expiry of my PR card in Jan 2018. The case I faced whereby as a responded of the case I was legally bound to be around until it got dismissed...and if I would have left that country it would be un-lawful during the case was pending. (Is this could be a compelling HC grounds?). Being the sole owner of the "Sole Proprietorship"; and I still conducting business on its behalf while being out....will it not add any water.

Please anyone else could also through some light on earliest possible....!

H&C cases are almost always tricky (with some exceptions for more obvious cases, like a recently of-age PR who was removed from Canada by parents while a minor) and there is never any guarantee . . . note that in many cases in which there is a good chance of success, some compelling explanation for why the PR has not returned to Canada sooner, the odds are still not good.

I disagree a bit with the view that the other factors will have little or no influence, but predicting how much influence is very difficult.

But the looming difficulty with your situation appears to be a long term total absence from Canada. Which is to say, if you had been traveling to Canada periodically over the course of the more recent years that would have strengthened your H&C case considerably. Total absence from Canada tends to frame the extent to which apparent ties to Canada are a positive factor, which in your particular case, given the length of total absence, may indicate your ties are not particularly strong.

Bottom-line: once in breach of the PR RO, and particularly following a long-term total absence, the odds of making a successful H&C case are, at best, questionable. Absolutely no assurances of success.

However, if your spouse is eligible to sponsor you, worst case scenario is you lose PR status and your spouse makes a sponsored spouse PR application for you to obtain PR status again.

 

[hardworkpays]

With All respect Please read my situation:

We are from India working in Oman. In Mar-2015 me, my wife and daughter, all 3 visited Canada Stayed there for 28 days and returned back. We now have our PR cards with us which is valid till mar-2021.
Now my wife is pregnant again here in Oman. We will have a new baby by end of 2017.
Our plan is to move to Canada by late 2018 (we all 3 will comply minimum 2 year stay if we move by 2018).

My question:
1) I am planning to bring new baby to Canada on Visit visa with us. Is it possible?
2) Considering that answer to Question-1 is yes, will we be able to apply for a PR card for the new baby in late 2018? And that the new born baby will be given a PR status?

Your suggestion and advice will be really helpful to us. Thanks if advance.

 

[scylla]

With All respect Please read my situation:

We are from India working in Oman. In Mar-2015 me, my wife and daughter, all 3 visited Canada Stayed there for 28 days and returned back. We now have our PR cards with us which is valid till mar-2021.
Now my wife is pregnant again here in Oman. We will have a new baby by end of 2017.
Our plan is to move to Canada by late 2018 (we all 3 will comply minimum 2 year stay if we move by 2018).

My question:
1) I am planning to bring new baby to Canada on Visit visa with us. Is it possible?
2) Considering that answer to Question-1 is yes, will we be able to apply for a PR card for the new baby in late 2018? And that the new born baby will be given a PR status?

Your suggestion and advice will be really helpful to us. Thanks if advance.

If you haven't been in Canada since April 2015, then you need to return on or before April 2018 to meet the residency requirement and be able to sponsor your new child for PR immediately. If you return in late 2018, you won't meet the residency requirement. You need to change your plans and return in early 2018.

 

[Rob_TO]

1) I am planning to bring new baby to Canada on Visit visa with us. Is it possible?

Yes, if the baby's TRV is approved. If TRV is denied you can also try TRP.
If you can't get TRV or TRP for baby then 1 parents will need to stay with baby while other parent moves to Canada to do baby's PR.

2) Considering that answer to Question-1 is yes, will we be able to apply for a PR card for the new baby in late 2018? And that the new born baby will be given a PR status?

You can submit the baby's PR app as soon as one of you returns back to Canada, and assuming you return while still meeting the RO. For current processing times check the thread for visa office (I assume New Delhi).

 

[fkhan123]

Is the validity on your PR is mar-2021 or mar-2020.....some time reading a wrong date would lead you to plan differently...

Question to ROB:
What it the TRP visa?

Thanks

 

[hardworkpays]

@ Scylla & @ Rob_TO @ fkhan123

Thank you for your advice and notice.

I apologize for the typing mistake. we did land on Mar-16 & not Mar-15. and yes our PR card date is mar-2021.
@fkhan123- - TRP is Temporary resident permit i believe?

Assuming the worst case scenario that my TRV & TRP is rejected.
and If I come alone to Canada and my wife & daughter stays back with new baby. What will be the situation of Residency obligation for my wife & Daughter?
As they may not be able to complete the 2 years minimum requirement since they wait for the PR for the new baby and will be late to come to Canada thereof.

I hope i explained my query correctly.

 

[Leon]

Is the validity on your PR is mar-2021 or mar-2020.....some time reading a wrong date would lead you to plan differently...

Question to ROB:
What it the TRP visa?

Thanks

A TRV is a regular visitor visa while a TRP is a special visa granted on humanitarian grounds. Formerly called a ministers permit, it is sometimes granted to people who have been denied or aren't eligible for a visit visa but have humanitarian grounds to be in Canada anyway. It is sometimes granted to non-PR babies who've been denied a TRV based on that it's not the parents intention for the baby to visit but to stay permanently.

 

[Rob_TO]

@ Scylla & @ Rob_TO @ fkhan123

Thank you for your advice and notice.

I apologize for the typing mistake. we did land on Mar-16 & not Mar-15. and yes our PR card date is mar-2021.
@fkhan123- - TRP is Temporary resident permit i believe?

Assuming the worst case scenario that my TRV & TRP is rejected.
and If I come alone to Canada and my wife & daughter stays back with new baby. What will be the situation of Residency obligation for my wife & Daughter?
As they may not be able to complete the 2 years minimum requirement since they wait for the PR for the new baby and will be late to come to Canada thereof.

I hope i explained my query correctly.

Correct, if your newborn can't get a TRV/TRP, then your wife would need to stay in home country while the PR app is processing. And yes, this means she may not meet her RO which could end up with her PR status being revoked.

If this were to happen, you would then need to sponsor her for PR again under a new family class application. In this case you would again need to remain in Canada while her PR app is processing.

This is why it's advised for PRs to simply have their children in Canada, to avoid this kind of situation.

 

[G Mc]

Dear Leon,

My PR card is valid for the period Dec 2012 - Dec 2017. I spent 10 days in Canada in Dec 2012, then returned home. Shortly after I returned home I got married and had my first son. In late 2014 we had our second son. My wife and I are both Doctors in our home country and were undecided about moving to Canada because of the lengthy requalifucation process etc.

I eventually decided I didn't want to waste my PR status, so I consulted an immigration Attorney in Toronto, who advised me that my situation was not dire and that although I did not meet the residency requirements, I only needed to ensure that upon entering Canada, I do not leave until after residing here for 730 days.

In Dec 2016 I made the move, based on the advice. Upon my arrival I was already short of approximately 1 year and could not satisfy the 730 day requirement. I was not asked any questions by the immigration officer and was allowed to enter. My wife and 2 kids also entered on multiple entry visitor visas.

My PR card is about to expire in Dec 2017 and I'll be one year short of the residency requirement.

We have bought a house, cars, enrolled our kids at school and have started converting our qualifications.

My lawyer advised me not to apply to sponsor my wife and kids until I've met the 730 day requirement, which will be in Dec 2018. Therefore, my wife and kids need to continue to extend their visitors visas until that time.

Could you kindly guide me on the following:

I) Will their applications to extend their visitor visas trigger an investigation into my status, by the CBSA?

II) Does the CBSA pursue cases like mine and if so, how often?

III) Am I at any serious risk of being deported and/or losing PR status?

IV) How do I regularise this situation?

Thank you

 

[Rob_TO]

I) Will their applications to extend their visitor visas trigger an investigation into my status, by the CBSA?

Probably not.

II) Does the CBSA pursue cases like mine and if so, how often?

III) Am I at any serious risk of being deported and/or losing PR status?

They will only pursue if your current violation of PR residency obligation is made aware to them. So basically only if you applied to sponsor your family for PR, renew your PR card, or exited and re-entered Canada.

IV) How do I regularise this situation?

You don't apply to sponsor your family, renew PR card, or leave Canada, until after you reach the 2 years residency obligation requirements.
So basically you simply need to wait until December 2018.

Hopefully your family can continue to extend their status in Canada until then. If their status extension is ever refused (since technically they aren't allowed to "live" in Canada as visitors), you could have a problem.

 

[rish888]

@hardworkpays Your wife can give birth in Canada. Your child will be a Canadian citizen by birth. (As a PR, you will have no problems with immigration as PR giving birth in Canada is not exactly the same as birth tourism.)

 

[canuck78]

#1 is the only reason they may accept. #2-#6 will likely not help you.

What WILL help is you have really strong ties to Canada with spouse, kids and even grandkids all in Canada as Canadian citizens. I recall some case back where someone did not meet RO but was able to keep PR because of similar strong family roots in Canada. I don't remember the details however.

Yes but depending on the province you will need to pay for the delivery and prenatal care.

 

[kiranbainz2497]

Hi
I have a question, my grandfather got the PR. He lived her couple of months and left the country. His pr

 

[evdm]

Hi
I have a question, my grandfather got the PR. He lived her couple of months and left the country. His pr

Your message seems incomplete, but the answer will probably be something like this:

You need to look at the day that your grandfather landed in Canada. Let's say it's November 1, 2015 as an example.
Count 5 years forward from that date. Result; October 31, 2020
Then:

a) In the period from November 1, 2015 till today, count the number of days your grandfather has been in Canada.
b) count the number of days from today till October 31, 2020 (tip, there's a calculator on timeanddate.com)​

Add the numbers from a) and b) together.

If that number is less than 730, your grandfather has not met the residency obligation and will likely be reported upon entry into Canada meaning it's almost certain he will lose his status unless he appeals and it's found he has humanitarian and compassionate reasons to have been outside of Canada for so long.

Now let's say your grandfather landed more than 5 years ago. In this case, you need to count the number of days from today going back 5 years. This total must also add up to more than 730.

Forget the validity dates on the PR card. They are completely irrelevant.

To look at it another way, as soon as a PR spends more than 1095 days outside of Canada in any 5 year period they've failed to meet the RO.