so many questions...

[can_swim]

Hello all,

Background:

I am at a point in time where I am really being forced to make decision due to immigration changes in the US. I am an Indian citizen with a Canadian PR (start date: Feb 2017, expiration date: Mar 2022) currently on a L1A (executive visa) working for a US employer with residence in the USA. Further, our US green card has been applied for under the EB1-C category with an approved I-140 (priority date March 2019).

Complications:

1. My wife and I have not completed more than 10 days of residence requirements towards the Canadian PR. This is due to medical issues shes been facing (difficult pregnancy) and was forced to live in India to get medical care. She is still in India due to post partum related issues.
2. The baby was born Feb 2018 in India, and he currently has an Indian passport with US L2 (dependent visa). He doesn't have any Canadian Pr application or visa applied for. My wife has L2 visa + Canada PR on an Indian passport.
3. I've been living alone in the US and travel back to India often to be with my wife and son. I came to India in Feb 2020 and have been unable to go back to the USA since then due to Covid. My, wife's and my sons visa is still valid (expires Sep 2020).

Questions:

Now, my employer has been very helpful and they are OK with me working from anywhere in the world and as such I can take a transfer to Canada. Now, the questions I am scratching my head about:

1. If I take a transfer to Canada now, will I still be able to complete my residency requirement (less than 700 days left before my PR expires)?
2. If I cant complete my residency requirement, can we get our PR extended citing the travel restriction due my wife's health issue (I've a doctors note, reports, etc.). My wife is able to travel now.
3. If, hypothetically, we can make the residency requirement: how can I get my son to travel with us (he doesn't have a PR or a Canadian visa).
4. Further to question 3, if we are able to complete the residency requirement and get citizenship - what are the chances I can get a TN visa (I work in information security & risk management as a product manager). Will the TN visa allow for my wife to work in the states?

I would be eternally grateful if I could find some answers.

Thanks and love.

 

[jddd]

Hello all,

Background:

I am at a point in time where I am really being forced to make decision due to immigration changes in the US. I am an Indian citizen with a Canadian PR (start date: Feb 2017, expiration date: Mar 2022) currently on a L1A (executive visa) working for a US employer with residence in the USA. Further, our US green card has been applied for under the EB1-C category with an approved I-140 (priority date March 2019).

Complications:

1. My wife and I have not completed more than 10 days of residence requirements towards the Canadian PR. This is due to medical issues shes been facing (difficult pregnancy) and was forced to live in India to get medical care. She is still in India due to post partum related issues.
2. The baby was born Feb 2018 in India, and he currently has an Indian passport with US L2 (dependent visa). He doesn't have any Canadian Pr application or visa applied for. My wife has L2 visa + Canada PR on an Indian passport.
3. I've been living alone in the US and travel back to India often to be with my wife and son. I came to India in Feb 2020 and have been unable to go back to the USA since then due to Covid. My, wife's and my sons visa is still valid (expires Sep 2020).

Questions:

Now, my employer has been very helpful and they are OK with me working from anywhere in the world and as such I can take a transfer to Canada. Now, the questions I am scratching my head about:

1. If I take a transfer to Canada now, will I still be able to complete my residency requirement (less than 700 days left before my PR expires)?
2. If I cant complete my residency requirement, can we get our PR extended citing the travel restriction due my wife's health issue (I've a doctors note, reports, etc.). My wife is able to travel now.
3. If, hypothetically, we can make the residency requirement: how can I get my son to travel with us (he doesn't have a PR or a Canadian visa).
4. Further to question 3, if we are able to complete the residency requirement and get citizenship - what are the chances I can get a TN visa (I work in information security & risk management as a product manager). Will the TN visa allow for my wife to work in the states?

I would be eternally grateful if I could find some answers.

Thanks and love.

I don't know the extent of your wife's medical issues but unless she was unable to travel because she can not get treatment here/travelling will make her sicker/etc, that reason is weak. As for your case, you were not away from Canada because of your wife, you were away because you chose to work in the US, you have no humanitarian and compassionate ground to stand on.

You need to apply for a TRV for your son, if rejected, try a TRP, if rejected, must sponsor him. To sponsor him, you will need to be living in Canada AND in compliance with RO.

 

[can_swim]

Thank you for your response. I had applied for the american company because it allowed me to work out of India and care for my wife and my son. Hence I was wondering if I could request under H&C.

Or is it advisable to give up the PR and apply anew? Based on the calculator, I get a score of 449 (but I also see that currently CIC is not processing under FWP/FST) - is that a good score?

Any other opinions/suggestions?

 

[scylla]

Thank you for your response. I had applied for the american company because it allowed me to work out of India and care for my wife and my son. Hence I was wondering if I could request under H&C.

Or is it advisable to give up the PR and apply anew? Based on the calculator, I get a score of 449 (but I also see that currently CIC is not processing under FWP/FST) - is that a good score?

Any other opinions/suggestions?

449 is not a good score. You would need to have 470+ to have a good score.

Start by applying for the TRV for your child (and a TRP later if the TRV is refused). This will tell you how easy or difficult it's going to be to move your family to Canada.

You already fall short of the residency requirement at this time which makes the situation more complicated. You will not be able to claim H&C based on your wife's health given you were working in the U.S. If you had remained in India the entire time that might be a different matter. However IRCC will say that your reasons for living outside of Canada were primarily due to employment which generally isn't accepted as an H&C reason.

Again, focus on getting the TRV/TRP for your child as a first step. Then you will have a clearer understanding of where you stand.

 

[can_swim]

Thanks. Is TRV something that would involve the visiting the Canadian consulate in India? Lets say, if we get one - what does that imply?

 

[Buletruck]

While everything is considered for H&C, it a matter of how much weight is given to those arguments that determines a successful application. Until such time as you are actually reported for RO, you remain a PR. The card has nothing to do with your status.
As for your claim of H&C, you choose to move to the US to work because it gave you the opportunity to care for your wife in India. But it also indicates that you had very little intention of settling in Canada, or even the US in fact as you can work anywhere in the world. Not so great when H&C is being considered. The other reason is your wife’s pregnancy and post pregnancy issues. The argument would be what services could you not receive in Canada that were only available in India (family support would be a factor). The other issues for your consideration would be your child having to remain on a TRV/TRP until you are compliant again along with, realistically any travel outside of Canada until you are compliant. Each new entry raises the prospect of being reported. That, along with the uncertainty of a successful appeal under H&C for being reported on entry would always be a factor or weigh on any appeal decision (if you appeal and spend a bunch of time outside of Canada afterwards, that doesn’t bode well to your appeal).
IMO you seem to be focused on settling in the US for career and convenience. A personal choice, but you need to assess what purpose a Canadian PR is offering you and is it worth the cost and inconvenience. You would essentially be stuck in Canada for 3 years regardless of being reported or not and 3 years from applying for citizenship.

 

[can_swim]

Thats very insightful.

I now understand that whats considered hardship from a person to person basis might not exactly translate to H&C. So lets assume that I get a TRV for my son and lets assume it gets approved. Further, lets assume that I land into Canada without being reported. Does that then mean that I can spend the remainder of 730 days nonstop and apply directly for citizenship thereafter? How much time does it take to naturalize post RO compliance (lets say that happens around Aug 2022)?

If the above assumptions hold, I've come to the conclusion that spending 700+ days in Canada provides us enough benefits to want to do it.

 

[scylla]

Thats very insightful.

I now understand that whats considered hardship from a person to person basis might not exactly translate to H&C. So lets assume that I get a TRV for my son and lets assume it gets approved. Further, lets assume that I land into Canada without being reported. Does that then mean that I can spend the remainder of 730 days nonstop and apply directly for citizenship thereafter? How much time does it take to naturalize post RO compliance (lets say that happens around Aug 2022)?

If the above assumptions hold, I've come to the conclusion that spending 700+ days in Canada provides us enough benefits to want to do it.

If you are able to get the TRV approved and enter Canada without being reported, then you would simply remain in Canada for 730 days without leaving and will then be able to renew your PR card.

Note that citizenship is not 730 days. You need an extra year of living in Canada to qualify for citizenship.

Also note that you will not be able to sponsor your child for permanent residency until you have lived in Canada for 2 years and meet the residency requirement. This means your child will be in Canada for 2+ years on visitor status which you will have to keep extending. Your child will most likely not qualify for health care coverage during this time - meaning you will need to purchase private insurance and/or pay for care out of pocket.

 

[can_swim]

If you are able to get the TRV approved and enter Canada without being reported, then you would simply remain in Canada for 730 days without leaving and will then be able to renew your PR card.

Note that citizenship is not 730 days. You need an extra year of living in Canada to qualify for citizenship.

Also note that you will not be able to sponsor your child for permanent residency until you have lived in Canada for 2 years and meet the residency requirement. This means your child will be in Canada for 2+ years on visitor status which you will have to keep extending. Your child will most likely not qualify for health care coverage during this time - meaning you will need to purchase private insurance and/or pay for care out of pocket.

Understood. It does seem like a lot of variables are stacked against us if this has to go right. On the other hand, If we surrender the PR and start afresh, that at least clears the slate (so to speak) and removes the variables. Its not that we want to migrate right away, but we want to migrate the right way with the least amount of gotchas.

1. If we talk about a new PR application, is it just as simple as voluntarily giving up the current PRs and creating a new EE profile (and the associated work of arranging test results, fingerprinting, medicals, etc.)?

2. My wife and I are both mid thirties with a 2 yo baby. We both are post grad (me - Computer Science, her - accounting) and both speak fluent English. I work as a product manager in the data security space Is there a nomination program we can take advantage to bump up the CRS value?

Thanks again!

 

[scylla]

Understood. It does seem like a lot of variables are stacked against us if this has to go right. On the other hand, If we surrender the PR and start afresh, that at least clears the slate (so to speak) and removes the variables. Its not that we want to migrate right away, but we want to migrate the right way with the least amount of gotchas.

1. If we talk about a new PR application, is it just as simple as voluntarily giving up the current PRs and creating a new EE profile (and the associated work of arranging test results, fingerprinting, medicals, etc.)?

2. My wife and I are both mid thirties with a 2 yo baby. We both are post grad (me - Computer Science, her - accounting) and both speak fluent English. I work as a product manager in the data security space Is there a nomination program we can take advantage to bump up the CRS value?

Thanks again!

1. Yes.
2. You'll need to research the PNP programs to determine your options. Alternatively you can hire a lawyer to assist you with this.

 

[smash1984]

Understood. It does seem like a lot of variables are stacked against us if this has to go right. On the other hand, If we surrender the PR and start afresh, that at least clears the slate (so to speak) and removes the variables. Its not that we want to migrate right away, but we want to migrate the right way with the least amount of gotchas.

1. If we talk about a new PR application, is it just as simple as voluntarily giving up the current PRs and creating a new EE profile (and the associated work of arranging test results, fingerprinting, medicals, etc.)?

2. My wife and I are both mid thirties with a 2 yo baby. We both are post grad (me - Computer Science, her - accounting) and both speak fluent English. I work as a product manager in the data security space Is there a nomination program we can take advantage to bump up the CRS value?

Thanks again!

If I were in your place, the first thing I would do would be to plan a trip to Canada in a way that shows that you are going there for good. Ideally going through the land border in the USA. That usually has lower levels of reporting compared to other entry points (according to what I have heard, can't really confirm it). If you are not reported then just stay until you complete 2 years. Or stay for 1095 days and apply for citizenship.

The plan should be for you to show that you are coming to Canada for good. Although what I am not sure about is whether you actually want to come to Canada for good. Seems like you want to settle in the US. As you said, your company should be good to move you to Canada, so at least you have one big part nailed down.

Depends on your objectives though.

 

[devnill]

Further to question 3, if we are able to complete the residency requirement and get citizenship - what are the chances I can get a TN visa (I work in information security & risk management as a product manager). Will the TN visa allow for my wife to work in the states?

TN visas do not allow the spouse of the holder to work. But they are relatively straightforward to get once the occupation of the job offer is on the list.

I agree with other replies, you should decide if Canada or USA is where you want to settle and stick with that. Trying to keep one foot in both is hard and time consuming.

 

[scylla]

Further to question 3, if we are able to complete the residency requirement and get citizenship - what are the chances I can get a TN visa (I work in information security & risk management as a product manager). Will the TN visa allow for my wife to work in the states?

For the above, something to consider is that best case scenario, you are 4 years away from a TN (this is if you return to Canada now and then basically don't leave). You need three years of living in Canada to qualify for citizenship and then should budget another year (more or less) for the application to be processed. TN is totally feasible. You're just years away from it being a reality.

 

[smash1984]

Plus, TN is not an immigrant visa either. To get back into the US immigration queue you might need the H1B (I think, not sure, but I believe this is the case).

 

[can_swim]

For the above, something to consider is that best case scenario, you are 4 years away from a TN (this is if you return to Canada now and then basically don't leave). You need three years of living in Canada to qualify for citizenship and then should budget another year (more or less) for the application to be processed. TN is totally feasible. You're just years away from it being a reality.

Only the first two years have to be consecutive or the first 3 years?