About kindergarten and school - those two children who do not have PR status, they are still very small, and if we need to live 2 years and only if their sponsor is us appropriate. Since they go to school at the latest in 3 years. And if I give to kindergarten, then in Ireland I need to pay from 1200 СAD per month.
With regards to medicine, in Ireland, I pay for receiving a child of 200 Canadian dollars (I specifically change from the euro). I do not think that in Canada I will be more expensive if I buy full insurance for them.
There is free medicine in Ireland, but practice shows that they can kill a child. And not like in Canada. We live in a relatively large city for Ireland, but the nearest hospital from us is 45 kilometers away. And in order to pass medical tests, you need to go 85 kilometers and wait for a live queue.
If they are not PRs in Canada, you will need to pay for tuition for them to attend school in Canada, as well.
Insurance would only cover emergencies, and would not cover regular checkups. A $200 per annum fee for insurance is very small. You can anticipate paying more than that in Canada.
The suggestion that medical care in Ireland will kill children is laughable unless you have proof that this is a rampant, ongoing problem. Spoiler alert, it's probably not.
Here's the problem, and you can see it in many IAD cases: you chose to leave Canada without compelling reasons. You are in significant breach of your residence obligation. Without clear and compelling reasons for humanitarian and compassionate grounds, any appeal that you may make if you can make it back to Canada will be rejected.
Read some IAD decisions. The IAD considers a breach in RO of 80 days as "very significant." You are likely in breach of your residency obligation in the order of almost four years. You did not have a solid reason for leaving Canada - the IAD has even considered that leaving Canada to care for a mother, while pressing, is not necessarily enough to outweigh a breach in residency obligation.
Your children are not Canadian PR nor Canadian citizens. Unless you have substantial proof that their quality of life will be significantly better in Canada, it's not H&C grounds.
Unfortunately, you made a choice to leave Canada because you didn't like the weather. Thinking about things differently four years later is not necessarily humanitarian and compassionate grounds.
What you're now proposing to do would require you to:
- Fly to Canada on an EU passport
- In Canada, apply for PR card renewal
- During the renewal, be reported for PR RO breach
- Receive notice of breach of RO
- Appeal
- Make the case that the weather was a compelling reason to be absent from Canada for nearly four years, and that the myth of Ireland killing children is H&C grounds for your non-PR and non-citizen children to weigh on you and your wife's application to waive the RO.
I read an IAD decision about a man from Iraq who returned to Iraq to renew his passport, who then received a travel restriction from the government of Iraq. He tried to argue this was a clear and compelling reason he couldn't meet his PR obligation - but his application was denied.
I struggle with understanding situations like yours. A permanent residence is supposed to be for
permanent residence. Canada recognizes that sometimes you need to leave Canada, to earn money or care for other family. That's why the obligation is so low - it's 730 days out of
five years. 40% of the time. In your case, you clearly decided you did not like Canada, availed yourself of another citizenship, and have remained away from Canada for nearly 80% of the reference period.
I don't think you have a case.
