PR is due for expiry while RO not met and presently out of Canada

[KauVid]

Hi,

We (me, my husband and daughter) got our PR in 2015, we stayed in Canada for a brief period of 215 days (7/Oct/2015 till 9/May/2016) and then had to travel back to India due to pregnancy and some other family issues. Our PR card is due for expiry in Jan 2021 and our RO criteria is not met and is short by 515days (730 -215). Also there is an addition in the family; my son was born in Oct’2016 while we were in India. We do not want to abandon our PR and have all the intentions to settle in Canada for good. Here I have three questions:

(A) How to add our (now) 3 year old son born in India in our PR to enable him to travel with us to Canada?

(B) Can there be any issue if we enter Canada before expiry of PR at the airport as RO criteria is not met?

(C) Once in Canada and PR is expired while RO is yet not met, what to do in that situation and will that refrain us from using any social benefits available?

 

[k.h.p.]

A. You have to sponsor him. You can't do that when you've not met your RO and you can't do that when you're not in Canada.

B. There can be the problem of being reported for not meeting your RO and having the process to remove your PR begin.

C. There are residency requirements for social benefits in Canada in many cases, all of which you will have not met.

Your only hope is for one of you to somehow get into Canada without being reported and sponsor the rest. You will need to spend at least a few years apart - first to meet the RO, then to sponsor.

 

[canuck78]

Not familiar of PR not meetinfRO and their ability to receive welfare but to sponsor your child hou must not be on welfare. You must attempt to get a TRV for your child to accompany you to Canada and if rejected you can attempt a TRP. Parents must be compliant with their RO to sponsor a child so it will be around 2 years once you land in Canada before you qualify to sponsor your child. If your child does not get TRV/TRP that would mean a long separation and that at least one parent would have an expired PR card or the child would need to remain with extended family. Given that you don't meet your RO and you won't have a PR card visiting your child will be very difficult and come with a big risk of being reported when you try to enter at the US/Canaduan land border. If your child manages to enter Canada and your family is not reported for not meeting their RO you still face the problem that during the 2-3 years while the child waits for sponorship your child will not have access to healthcare in most provinces and may have difficulty registering as a domestic student at school. You would need to purchase emergency medical insurance and pay for routine care and also you'll need to extend his/her visitor status.

Not sure what your family reasons are for not being in Canada but pregnancy is not considered one. You had access to medical care in Canada.

Your situation becomes more complicated due to covid. You may have trouble finding flights to Canada and it may take a very long time to get an answer about your child's TRV and if denied their TRP. I would start right away and apply for the TRV.

 

[KauVid]

A. You have to sponsor him. You can't do that when you've not met your RO and you can't do that when you're not in Canada.

B. There can be the problem of being reported for not meeting your RO and having the process to remove your PR begin.

C. There are residency requirements for social benefits in Canada in many cases, all of which you will have not met.

Your only hope is for one of you to somehow get into Canada without being reported and sponsor the rest. You will need to spend at least a few years apart - first to meet the RO, then to sponsor.

Thanks for your input.
What if my husband goes to Canada and stays there quietly to meet RO and we (me, my daughter) renounce our PR here and apply for fresh PR for myself, my daughter and my son. Here my question is;

(A) Do I have to go through WES again.

(B) Would that effect my husband who would be in Canada to meet his RO to renew his PR.

(C) Would I get any points/ benefits of husband being in Canada as PR.

 

[k.h.p.]

A) you would not need to go through WES if he sponsors you as a spouse

B) If he miraculously gets in without being reported, you would have no effect on his efforts to meet RO quietly

C) No

 

[scylla]

Thanks for your input.
What if my husband goes to Canada and stays there quietly to meet RO and we (me, my daughter) renounce our PR here and apply for fresh PR for myself, my daughter and my son. Here my question is;

(A) Do I have to go through WES again.

(B) Would that effect my husband who would be in Canada to meet his RO to renew his PR.

(C) Would I get any points/ benefits of husband being in Canada as PR.

I assume you are asking about applying for PR through an economic immigration stream like Express Entry?

A) You will need to meet the requirements of the program you are applying through. If IELTS or WES has expired, you would need to get them done again.

B) No impact to your husband.

C) No points or benefits for having a PR husband.

 

[KauVid]

A) you would not need to go through WES if he sponsors you as a spouse

B) If he miraculously gets in without being reported, you would have no effect on his efforts to meet RO quietly

C) No

CIC website says even if your PR card expires while not meeting RO that doesn't mean you are not PR of Canada. PR card is required as an Canada entry and exit document. Can someone elaborate on this keeping in my mind my special case.

I am seeing sponsorship is going out of question in my case for several reasons. I feel renouncing present PR (expiring in Jan 2021) and thereafter applying fresh for myself, my daughter and my son.

Its complicated, I know...

 

[KauVid]

I assume you are asking about applying for PR through an economic immigration stream like Express Entry?

A) You will need to meet the requirements of the program you are applying through. If IELTS or WES has expired, you would need to get them done again.

B) No impact to your husband.

C) No points or benefits for having a PR husband.

Thanks

 

[k.h.p.]

CIC website says even if your PR card expires while not meeting RO that doesn't mean you are not PR of Canada. PR card is required as an Canada entry and exit document. Can someone elaborate on this keeping in my mind my special case.

I am seeing sponsorship is going out of question in my case for several reasons. I feel renouncing present PR (expiring in Jan 2021) and thereafter applying fresh for myself, my daughter and my son.

Its complicated, I know...

You have PR until you either renounce it or it is removed from you. The card expiring doesn't mean you've renounced it.

 

[canuck78]

CIC website says even if your PR card expires while not meeting RO that doesn't mean you are not PR of Canada. PR card is required as an Canada entry and exit document. Can someone elaborate on this keeping in my mind my special case.

I am seeing sponsorship is going out of question in my case for several reasons. I feel renouncing present PR (expiring in Jan 2021) and thereafter applying fresh for myself, my daughter and my son.

Its complicated, I know...

Do you qualify for PR if you apply yourself? You haven't lost your PR status but when you attempt to enter Canada that can trigger the loss of your PR status.

 

[tsb_31]

Hi,

We (me, my husband and daughter) got our PR in 2015, we stayed in Canada for a brief period of 215 days (7/Oct/2015 till 9/May/2016) and then had to travel back to India due to pregnancy and some other family issues. Our PR card is due for expiry in Jan 2021 and our RO criteria is not met and is short by 515days (730 -215). Also there is an addition in the family; my son was born in Oct’2016 while we were in India. We do not want to abandon our PR and have all the intentions to settle in Canada for good. Here I have three questions:

(A) How to add our (now) 3 year old son born in India in our PR to enable him to travel with us to Canada?

(B) Can there be any issue if we enter Canada before expiry of PR at the airport as RO criteria is not met?

(C) Once in Canada and PR is expired while RO is yet not met, what to do in that situation and will that refrain us from using any social benefits available?

Hi Kauvid - i am in a very similar situation. can you update if you went ahead with TRV for your kid or travelled to Canada?

 

[fdido]

Hi Kauvid - i am in a very similar situation. can you update if you went ahead with TRV for your kid or travelled to Canada?

Hi. Just wanted to check if you were able to get the visa for the baby and how was your entry experience. Any feedback would be really helpful. Thanks.