Returning PR(not reported for RO) looking to sponsor family

[6327farag]

I returned to Canada may 25th 2018 using a land border, I Entered with my wife who was activating an IEC visa and son who received a visitors record.

I was open and honest with the CBSA officer about being a PR and that I had not met the RO(I entered using COPR and was asked about RO)
I was one of the lucky ones and was waived through and not reported, my wife activated her IEC visa and we have been living happily in canada thus far.

Now it is quickly approaching the time that I can now apply for a PR card renewal and also need to look at sponsoring my wife and son for PR.

With previous trips to Canada in the past 5 years i will hit 730 days of physical presence April 8th 2020.

My question(s) is
1.should i apply for my PR card renewal before applying for sponsorship and have my wife and son apply for a visitors visa prior to them going out of status(we are from UK so Visa exempt)

2. Apply for sponsorship once I have met RO without my PR card renewal,

3. How much of a buffer should I give myself in regards to RO a few days? Weeks? Months?

As a side note I'm not going to give any advice etc on what to do at the border while not meeting RO, it's completely individual to the person, different CBSA officers amount of time away from Canada etc so no point in asking.

Answeres greatly appreciated!

 

[Bs65]

My view only and others can comment as well but you should maybe wait until you have at least around 800 days to renew to minimise any chance of a secondary review given applying April regardless of any previous days you will not have been back for 2 years ,so maybe June/July.

Saying this given it is possible, nobody here can say for sure, that a comment may have been entered in the system when you entered May 2018 about failing RO so applying too early or borderline may get extra scrutiny. As said maybe speculation on my part only but better be safe.

For spouse sponsorship you need to provide a photocopy of your PR card either a current one or an expired one. However the latter might highlight the fact that you are border line with the RO should you apply for PR too early.

Having entered on an IEC that will of course expire May 24/25 2020 assuming the full 2 years for UK, so you will likely need to plan for your wife/son to apply to extend stay as visitors until you have at least fully met RO.

Above my view only and others can comment but ultimately decision when to apply post April is of course yours but on face of it seems the timings are not quite lined up by some months next year.

As for not sharing advice on entering having failed RO you are right every entry is unique although people still come on here and ask anyway. General advice given in response is to always answer questions asked honestly but not to volunteer any information if not asked.CBSA officers are human as well and how they process people can even be down to whether they are having a good or bad day at work and the attitude of the person in front of them

 

[6327farag]

My view only and others can comment as well but you should maybe wait until you have at least around 800 days to renew to minimise any chance of a secondary review given applying April regardless of any previous days you will not have been back for 2 years ,so maybe June/July.

Saying this given it is possible, nobody here can say for sure, that a comment may have been entered in the system when you entered May 2018 about failing RO so applying too early or borderline may get extra scrutiny. As said maybe speculation on my part only but better be safe.

For spouse sponsorship you need to provide a photocopy of your PR card either a current one or an expired one. However the latter might highlight the fact that you are border line with the RO should you apply for PR too early.

Having entered on an IEC that will of course expire May 24/25 2020 assuming the full 2 years for UK, so you will likely need to plan for your wife/son to apply to extend stay as visitors until you have at least fully met RO.

Above my view only and others can comment but ultimately decision when to apply post April is of course yours but on face of it seems the timings are not quite lined up by some months next year.

As for not sharing advice on entering having failed RO you are right every entry is unique although people still come on here and ask anyway. General advice given in response is to always answer questions asked honestly but not to volunteer any information if not asked.CBSA officers are human as well and how they process people can even be down to whether they are having a good or bad day at work and the attitude of the person in front of them

Thanks for your input, it is appreciated! It relation to the dates not matching up, I have been in Canada previously within the last 5 year peroid thus april the 8th 2020 I will have 730 days in canada in the last 5 year period counting back from that date( as i beleive the 730 days does not need to be consecutive?)

What proof will I require to show that I have been in Canada for this time? I didnt receive anything in my passport to say I entered Canada on this date.

 

[k.h.p.]

Leases, bills, itineraries to the US and how you got to Canada, you can ATIP your entry record from CBSA, etc.

 

[6327farag]

Leases, bills, itineraries to the US and how you got to Canada, you can ATIP your entry record from CBSA, etc.

Appreciated! Thanks

 

[6327farag]

For spouse sponsorship you need to provide a photocopy of your PR card either a current one or an expired one. However the latter might highlight the fact that you are border line with the RO should you apply for PR too early.

Having entered on an IEC that will of course expire May 24/25 2020 assuming the full 2 years for UK, so you will likely need to plan for your wife/son to apply to extend stay as visitors until you have at least fully met RO.

Sorry to bring this up again but just clarify a few things.

I have a photocopy of my expired PR card by a stroke of luck as I dont have possession of the card. It expired 2008 but I have found nothing to say that it cannot be used for the application?

In terms of making the application my calculations as previously stated make April the 8th as 730 day SPENT In canada if i was to apply on this date i am however not going to apply until may the 1st.

In regards to applied status, I will apply for an extension for my wife and son to remain in canada as visitors should for any reason my application be returned allowing me time to resubmit the paperwork. Now would my wife still be on implied status if the application(initial not returned)is sent prior to the expiry of her IEC visa or is that null and void if I apply for extension as visitors? Not that it is a major issue just that with a mortgage 2 incomes makes it alot easier to manage than 1 until an OWP can be obtained.

Also being that I am cutting it close RO wise although I will be meeting RO will it be a factor in potentially returning the application ie if they cannot ascertain that i meet RO will it be returned or will i just be put under more scrutiny to prove that i meet the RO before being returned?

Again thanks in advance!

 

[Copingwithlife]

Sorry to bring this up again but just clarify a few things.

I have a photocopy of my expired PR card by a stroke of luck as I dont have possession of the card. It expired 2008 but I have found nothing to say that it cannot be used for the application?

In terms of making the application my calculations as previously stated make April the 8th as 730 day SPENT In canada if i was to apply on this date i am however not going to apply until may the 1st.

In regards to applied status, I will apply for an extension for my wife and son to remain in canada as visitors should for any reason my application be returned allowing me time to resubmit the paperwork. Now would my wife still be on implied status if the application(initial not returned)is sent prior to the expiry of her IEC visa or is that null and void if I apply for extension as visitors? Not that it is a major issue just that with a mortgage 2 incomes makes it alot easier to manage than 1 until an OWP can be obtained.

Also being that I am cutting it close RO wise although I will be meeting RO will it be a factor in potentially returning the application ie if they cannot ascertain that i meet RO will it be returned or will i just be put under more scrutiny to prove that i meet the RO before being returned?

Again thanks in advance!

If you have a close number of days for RO more than likely , it could be sent for secondary review .
That’s why it’s advised to apply with a buffer . Would you rather apply with a buffer and it gets approved , or apply with no buffer and possibly get sent to secondary review where you’ll have the pleasure of answering questions regarding your RO compliance and potentially regarding questions on your PR card that expired 12 years ago ??
It’s your choice . You’ve been lucky, don’t know if I’d want to try to push the proverbial envelope with the IRCC. You dealt with the CBSA at your POE, if it was directly with the IRCC you might not have been so lucky

 

[6327farag]

If you have a close number of days for RO more than likely , it could be sent for secondary review .
That’s why it’s advised to apply with a buffer . Would you rather apply with a buffer and it gets approved , or apply with no buffer and possibly get sent to secondary review where you’ll have the pleasure of answering questions regarding your RO compliance and potentially regarding questions on your PR card that expired 12 years ago ??
It’s your choice . You’ve been lucky, don’t know if I’d want to try to push the proverbial envelope with the IRCC. You dealt with the CBSA at your POE, if it was directly with the IRCC you might not have been so lucky

If I am though in compliance with RO and have proof to support that is the previous 12 years relevant to IRCC? Is anything over the 5 year period justification for potentially revoking PR status?

 

[Copingwithlife]

If I am though in compliance with RO and have proof to support that is the previous 12 years relevant to IRCC? Is anything over the 5 year period justification for potentially revoking PR status?

Your RO is on a continuous five year rolling obligation. They will look to see , yes or no ? Was the individual compliant at the time of application in the previous FIVE years ?
And if it’s close .......

 

[6327farag]

Your RO is on a continuous five year rolling obligation. They will look to see , yes or no ? Was the individual compliant at the time of application in the previous FIVE years ?
And if it’s close .......

Ok I Understand that part, but it hasn't actually answered any of the questions I have asked, if it's close I have substantial evidence to prove that I meet RO, proving RO is not one of my concerns on may the 1st i will actually be over 730 days.

 

[Bs65]

If I am though in compliance with RO and have proof to support that is the previous 12 years relevant to IRCC? Is anything over the 5 year period justification for potentially revoking PR status?

Ultimately decision to apply or not either to renew your card or sponsorship is yours as nobody on here is a professional just a member of public like yourself and basing feedback on others experience who have posted here and had challenges to renewing having just met RO by a few days in previous 5 years.

That is not to say that eventually they for example managed to renew their PR card but not without the hassle of a secondary review , which can take many months, where their residency intentions may have been questioned or subject to extra scrutiny specifically travel outside of the country in those 5 years. Some might not get a secondary review no way to predict so is just a matter of luck.

Good luck whatever you decide to do

 

[6327farag]

Ultimately decision to apply or not either to renew your card or sponsorship is yours as nobody on here is a professional just a member of public like yourself and basing feedback on others experience who have posted here and had challenges to renewing having just met RO by a few days in previous 5 years.

That is not to say that eventually they for example managed to renew their PR card but not without the hassle of a secondary review , which can take many months, where their residency intentions may have been questioned or subject to extra scrutiny specifically travel outside of the country in those 5 years. Some might not get a secondary review no way to predict so is just a matter of luck.

Good luck whatever you decide to do

I'm expecting some form of scrutiny and secondary review, my wider issue is how it will effect the the above mention factors, implied status etc

I appreciate the prompt replies from both of you thus far

 

[6327farag]

I forgot to add as it's literally just crossed my mind! A bit late! Lol my son who is 9 currently on a visitors record, does this require renewal? Or is he on implied status pending descision of PR? I have read through all the CIC guidelines. It states the officer processing the temporary resident visa must be satisfied they will leave at the end of the renewal, this will not be the case he is part of the inland spousal sponsorship application.

So do I apply to extend his stay despite the fact I have sent away for inland spousal sponsorship? If so how do I do this paper or online?

Once again many thanks!

 

[canuck_in_uk]

I forgot to add as it's literally just crossed my mind! A bit late! Lol my son who is 9 currently on a visitors record, does this require renewal? Or is he on implied status pending descision of PR? I have read through all the CIC guidelines. It states the officer processing the temporary resident visa must be satisfied they will leave at the end of the renewal, this will not be the case he is part of the inland spousal sponsorship application.

So do I apply to extend his stay despite the fact I have sent away for inland spousal sponsorship? If so how do I do this paper or online?

Once again many thanks!

The PR app does not give him any form of status. You don't apply for a TRV. You need to apply to extend his visitor status before the VR expires.

 

[6327farag]

The PR app does not give him any form of status. You don't apply for a TRV. You need to apply to extend his visitor status before the VR expires.

Perfect thank you! So just an online application to extend visitor status?