Travel Advisory with less than 730 days to complete PR obligations

[varunrao]

Hi,

My wife and I became permanent resident on May 26th 2015 and returned to home country(India) on June 1st 2015. We did not travel to Canada post that. We have a daughter ( born on April 10th 2017) who is an Indian citizen by birth( Not having any legal status for Canada at this moment) Both of our PR status expires on 8th Sep 2020(as mentioned in the card)

Now, I have received a job offer( permanent role) from a computer software organization based out in Montreal and they would like to join them by September last week 2018.

I have few questions.
1. Can I travel with my PR card to Canada by September last week 2018 considering the residence obligations does not meet 730 days from the date of travel ( Sep end 2018) till Sep 8th 2020? Any risk of denial of entry? Is it possible to get official confirmation from CIC before I take major decision to leave my job in home country and join them ?

2. Since my daughter is an Indian citizen, I will not be able to sponsor her PR unless and until I move to Canada and meet the permanent residence obligations of 730 days considering the failure rate of TRV and TRP in this case. Is this the only option available at this moment for my case ?

3. Assume # 2 is true and only feasible option at the moment, In this case my wife needs to be with our daughter in home country. By the time I complete 730 days of living in Canada by Sep end 2020, my wife would not have met residence obligations. What happens to her PR status? Do I need to sponsor her along with my daughter "together" or just daughter ?

 

[mats]

Firstly, your PR status don’t expire. PR Cards have expiry date but not your PR status. You remain PR of Canada even when you haven’t met th PR obligations. Because your cards expire 2020, there is a possibility that you can slip into Canada without getting reported, particularly if you use the automated border entry at one of the airports. What you could do is accept the offer and move to Canada alone and after a few months can apply for TRV while you are in Canada for your child and/or even start the application for PR for your child. But PR application might take some time so meanwhile TRV should be approved especially considering your in Canada and will be giving a Canada address for that application plus you would be reporting you are working in Canada. Once TRV is approved, your wife can come with the child. This is just my personal opinion, I don’t have any idea on the legality of all this and you could go via an immigration law office. However it may not be good to ask or expect clarification from IRCC on this.

 

[varunrao]

Thanks. With consideration of applying for child's PR from Canada - Would not IRCC consider the primary applicant's( i.e me) residence obligations while processing for sponsorship ?

 

[scylla]

Thanks. With consideration of applying for child's PR from Canada - Would not IRCC consider the primary applicant's( i.e me) residence obligations while processing for sponsorship ?

Yes - they absolutely will consider the residence obligation of the person who applies to sponsor the child. You must meet the residency obligation at the time you apply to sponsor your child. If you apply without meeting RO, the sponsorship application will be refused and there's a good chance IRCC will start proceedings to revoke your PR status.

 

[zardoz]

Hi,

My wife and I became permanent resident on May 26th 2015 and returned to home country(India) on June 1st 2015. We did not travel to Canada post that. We have a daughter ( born on April 10th 2017) who is an Indian citizen by birth( Not having any legal status for Canada at this moment) Both of our PR status expires on 8th Sep 2020(as mentioned in the card)

Now, I have received a job offer( permanent role) from a computer software organization based out in Montreal and they would like to join them by September last week 2018.

I have few questions.
1. Can I travel with my PR card to Canada by September last week 2018 considering the residence obligations does not meet 730 days from the date of travel ( Sep end 2018) till Sep 8th 2020? Any risk of denial of entry? Is it possible to get official confirmation from CIC before I take major decision to leave my job in home country and join them ?

2. Since my daughter is an Indian citizen, I will not be able to sponsor her PR unless and until I move to Canada and meet the permanent residence obligations of 730 days considering the failure rate of TRV and TRP in this case. Is this the only option available at this moment for my case ?

3. Assume # 2 is true and only feasible option at the moment, In this case my wife needs to be with our daughter in home country. By the time I complete 730 days of living in Canada by Sep end 2020, my wife would not have met residence obligations. What happens to her PR status? Do I need to sponsor her along with my daughter "together" or just daughter ?

By my calculations, you are already in non-compliance with the RO, as between June 1st 2015 and today, there are more than 1095 days.
Therefor, even if you return to Canada today, you can't sponsor for another two full years.

Do not get fixated on the expiry date on your PR card. It's not meaningful with regard to Residency Obligation requirements. What matters is the date you landed in Canada as a Permanent Resident and how many days you have spent outside of Canada since that date. More than 1095 days outside means big problems for you.

 

[canuck_in_uk]

Hi,

My wife and I became permanent resident on May 26th 2015 and returned to home country(India) on June 1st 2015. We did not travel to Canada post that. We have a daughter ( born on April 10th 2017) who is an Indian citizen by birth( Not having any legal status for Canada at this moment) Both of our PR status expires on 8th Sep 2020(as mentioned in the card)

Now, I have received a job offer( permanent role) from a computer software organization based out in Montreal and they would like to join them by September last week 2018.

I have few questions.
1. Can I travel with my PR card to Canada by September last week 2018 considering the residence obligations does not meet 730 days from the date of travel ( Sep end 2018) till Sep 8th 2020? Any risk of denial of entry? Is it possible to get official confirmation from CIC before I take major decision to leave my job in home country and join them ?

2. Since my daughter is an Indian citizen, I will not be able to sponsor her PR unless and until I move to Canada and meet the permanent residence obligations of 730 days considering the failure rate of TRV and TRP in this case. Is this the only option available at this moment for my case ?

3. Assume # 2 is true and only feasible option at the moment, In this case my wife needs to be with our daughter in home country. By the time I complete 730 days of living in Canada by Sep end 2020, my wife would not have met residence obligations. What happens to her PR status? Do I need to sponsor her along with my daughter "together" or just daughter ?

1. As said above, since you left June 1st, 2015, you are already in violation of the Residency Obligation. You may be reported on entry, resulting in loss of your PR status.

2. Assuming you are not reported on entry, you need to remain in Canada for 730 days to qualify to sponsor her. Expect at least 6 months for the sponsorship app to process.

3. Your wife could renounce and be sponsored with the child or she could attempt to enter Canada without being reported.

 

[Rob_TO]

Hi,

My wife and I became permanent resident on May 26th 2015 and returned to home country(India) on June 1st 2015. We did not travel to Canada post that. We have a daughter ( born on April 10th 2017) who is an Indian citizen by birth( Not having any legal status for Canada at this moment) Both of our PR status expires on 8th Sep 2020(as mentioned in the card)

Now, I have received a job offer( permanent role) from a computer software organization based out in Montreal and they would like to join them by September last week 2018.

I have few questions.
1. Can I travel with my PR card to Canada by September last week 2018 considering the residence obligations does not meet 730 days from the date of travel ( Sep end 2018) till Sep 8th 2020? Any risk of denial of entry? Is it possible to get official confirmation from CIC before I take major decision to leave my job in home country and join them ?

2. Since my daughter is an Indian citizen, I will not be able to sponsor her PR unless and until I move to Canada and meet the permanent residence obligations of 730 days considering the failure rate of TRV and TRP in this case. Is this the only option available at this moment for my case ?

3. Assume # 2 is true and only feasible option at the moment, In this case my wife needs to be with our daughter in home country. By the time I complete 730 days of living in Canada by Sep end 2020, my wife would not have met residence obligations. What happens to her PR status? Do I need to sponsor her along with my daughter "together" or just daughter ?

As of June 1, 2018, you have spent 3 years outside Canada so are officially in violation of the residency obligation. Expiry date on your PR card is irrelevant.

This means when you return to Canada, you could be reported for non-compliance, starting process to terminate your PR status. It's entirely up to CBSA upon entry if you get caught and they report you. You won't know until you try, what will happen.

If you make it into Canada without being reported, you must then stay for 2 straight years without leaving even once for any reason, to come back into compliance with RO. Only after 2 years can you then apply to renew PR card, and to sponsor your child.

If your child can get a TRV approved your wife can come to Canada with her. Your wife may or may not also be reported for RO violation. And your child you would need to keep here for more than 2 years as a visitor, possibly with no healthcare the entire time, and applying to extend visitor status every time its about to expire (and no guarantees the extensions will be approved).

No matter what happens, you face difficulties.

 

[varunrao]

Thanks everyone for your comment. With consideration of all points above, Is it possible to give up PR and apply fresh for all three assuming one qualifies to apply, need to spend time and money to go through the process all over and takes less than or equal to 1 year to receive ? This would have no legal risk and peace of mind

 

[zardoz]

Thanks everyone for your comment. With consideration of all points above, Is it possible to give up PR and apply fresh for all three assuming one qualifies to apply, need to spend time and money to go through the process all over and takes less than or equal to 1 year to receive ? This would have no legal risk and peace of mind

Yes, this is a valid option.