RO not met, move and sponsor wife

[reslanw]

Hello,

Did a soft landing back in May 2016, stayed for 1 week. Got my PR card a few months later with expiry Nov 2021.
Due to many reasons I never managed to go back to Canada and obviously now my RO is breached.
During this time I got married, and now planning to move for good in the next few months.
My questions:

1. I'm well aware that I will be reported on arrival, what should I do next ? Consult an immigration lawyer immediately or just ignore it and go on living my life for 3 years then apply for citizenship ?
2. Can I still sponsor my wife while in breach of RO ? She has a multiple entry visit visa and will be traveling with me but what happens after her first 6 months are over, does she have to keep traveling and coming back until I sort out my situation ?

Thanks
Regards

 

[Buletruck]

1) if you are reported on entry, you have 30 days to appeal. If you don’t, they’ll revoke your PR status and you’ll have to leave Canada. It’s not something you can ignore. Time in Canada after being reported does not count towards residency obligation until an appea is decided.

2)You need to be in compliance to sponsor your spouse. Sponsoring her without being in compliance would result in a residency review, and the process to revoke your PR status starts. Again, days in Canada don’t count towards RO until the review is complete or you have a successful appeal.

 

[reslanw]

Thank you Buletruck for your feedback.
So how does the appeal process work ? Consult with an immigration lawyer ? Is this something maybe I should get started on before traveling ?

 

[scylla]

Hello,

Did a soft landing back in May 2016, stayed for 1 week. Got my PR card a few months later with expiry Nov 2021.
Due to many reasons I never managed to go back to Canada and obviously now my RO is breached.
During this time I got married, and now planning to move for good in the next few months.
My questions:

1. I'm well aware that I will be reported on arrival, what should I do next ? Consult an immigration lawyer immediately or just ignore it and go on living my life for 3 years then apply for citizenship ?
2. Can I still sponsor my wife while in breach of RO ? She has a multiple entry visit visa and will be traveling with me but what happens after her first 6 months are over, does she have to keep traveling and coming back until I sort out my situation ?

Thanks
Regards

1. You won't necessarily be reported on arrival. It's quite possible you will be able to re-enter Canada without being reported for breaching RO. If that happens, you would simply live in Canada for 2 years straight and then you'll be able to renew your PR card without issues.
2. As said above, you will need to wait until you are in compliance with RO before you can submit the application to sponsor your wife. She can try extending her status from within Canada but hard to say how long it will be possible to do this. It's possible that at some point she will need to leave Canada and return to her home country for quite a long period of time before being able to return. Hard to guess. While she is in Canada as a visitor, keep in mind that she will not be able to work (unless she's able to obtain an approved work permit through a job offer + approved LMIA) and won't qualify for provincial health care coverage. Make sure you take out private insurance.

 

[reslanw]

1. You won't necessarily be reported on arrival. It's quite possible you will be able to re-enter Canada without being reported for breaching RO. If that happens, you would simply live in Canada for 2 years straight and then you'll be able to renew your PR card without issues.
2. As said above, you will need to wait until you are in compliance with RO before you can submit the application to sponsor your wife. She can try extending her status from within Canada but hard to say how long it will be possible to do this. It's possible that at some point she will need to leave Canada and return to her home country for quite a long period of time before being able to return. Hard to guess. While she is in Canada as a visitor, keep in mind that she will not be able to work (unless she's able to obtain an approved work permit through a job offer + approved LMIA) and won't qualify for provincial health care coverage. Make sure you take out private insurance.

Thank you scylla for your feedback.
I know that there is a possibility of not being reported, but it is better to be prepared for the worst case scenario.
In case I do get reported, I should have an immigration lawyer ready ? What would I need to present a good case ?

 

[scylla]

Thank you scylla for your feedback.
I know that there is a possibility of not being reported, but it is better to be prepared for the worst case scenario.
In case I do get reported, I should have an immigration lawyer ready ? What would I need to present a good case ?

You don't need to have an immigration lawyer ahead of time or on the spot. If you get reported, it will take a while to have a hearing and you will have time to hire a lawyer if you want to. I would not get a lawyer now and hope you are able to enter Canada without being reported.

If there are H&C reasons why you remained outside of Canada so long, have those explanations ready when you enter Canada in case you are asked by CBSA. Sometimes they will question why someone was outside of Canada for so long but not report the person if you have good H&C reasons for having remained outside of the country.

 

[Buletruck]

To appeal, you would need compelling H&C grounds to be successful. Those grounds would obviously depend on what prevented you from returning. You can appeal without a lawyer, but I suggest consulting a good immigration lawyer with a previous history of dealing with similar cases. Avoid consultants.

 

[reslanw]

Thank you all

 

[SecularFirst]

I was almost in a similar situation. I was let into Canada without being reported. My spouse came with me on visitor status. She has her own express entry app in process and we expect to receive her PR within next 4-6 months, its already over a year as she applied as FSW Outland. We knew she wont get health coverage so we purchased health coverage before coming to Canada. Our plan is to wait for 4-6 months for PR. If PR is still in process after that we might extend her visitor status or she might go to US OR we might think of getting Study permit or work permit with LMIA. So there are multiple options. Getting study permit and using the free time to actually gain some valuable study and skill while waiting for PR seems to be the best option.

 

[canuck78]

I was almost in a similar situation. I was let into Canada without being reported. My spouse came with me on visitor status. She has her own express entry app in process and we expect to receive her PR within next 4-6 months, its already over a year as she applied as FSW Outland. We knew she wont get health coverage so we purchased health coverage before coming to Canada. Our plan is to wait for 4-6 months for PR. If PR is still in process after that we might extend her visitor status or she might go to US OR we might think of getting Study permit or work permit with LMIA. So there are multiple options. Getting study permit and using the free time to actually gain some valuable study and skill while waiting for PR seems to be the best option.

Most spouse of PRs would be denied study permit. It will appear that studying is being used to stay with a spouse. If doing a masters of PhD then there would be a better chance.

 

[reslanw]

Hello again,

In order to avoid the risk of being reported on entry which is very high, I am considering the option of renouncing my PR and applying again from scratch for myself and my wife. Did the CRS calculator check and I should have enough points to be selected again in a draw.
The question is how would renouncing my current PR affect my new application ? Any chances they might reject me for this ?

Thanks
Regards

 

[canuck78]

No impact of renouncing PR on future PR applications.

 

[reslanw]

What about taking the risk anyway and getting reported and PR revoked, can I re-apply again from inside Canada ? How much time would I get before having to leave ?

 

[canuck78]

What about taking the risk anyway and getting reported and PR revoked, can I re-apply again from inside Canada ? How much time would I get before having to leave ?

You could take the risk. If reported you would need to decide whether you appeal or not. It could take 1-1.5 years to get to a hearing and if the appeal is denied all the time in Canada won't count towards RO. Then you would need to reapply for PR. You wouldn't be able to work for 6+ months. At a certain point, likely after 1-2 extensions, your spouse will likely get her visitor extension refused. IRCC wants to see couples start their sponsorship application being processed after couples have lived together for a year plus some grace time for application preparation It is up to you both to figure out whether you can live without income for longer periods of time and llikely a period of separation. Your spouse would not qualify for health insurance in most provinces until she gets PR or until the spousal sponsorship application has been confirmed. She could be with only emergency coverage for quite a while. If you don't get reported you will need to plan to remain in Canada for 2+ years. You'll need to apply for a PR card and then start the sponsorship process. It will be up to you both to decide what you can afford, whether you will be ok if you need to live apart for a certain period of time and whether you will be able to remain in Canada without leaving for 2+ years. Business travel is mostly on hold but will restart at some point and travel to see family or a family emergency would not be possible without risking being reported if you didn't get reported the first time.

 

[reslanw]

You could take the risk. If reported you would need to decide whether you appeal or not. It could take 1-1.5 years to get to a hearing and if the appeal is denied all the time in Canada won't count towards RO. Then you would need to reapply for PR. You wouldn't be able to work for 6+ months. At a certain point, likely after 1-2 extensions, your spouse will likely get her visitor extension refused. IRCC wants to see couples start their sponsorship application being processed after couples have lived together for a year plus some grace time for application preparation It is up to you both to figure out whether you can live without income for longer periods of time and llikely a period of separation. Your spouse would not qualify for health insurance in most provinces until she gets PR or until the spousal sponsorship application has been confirmed. She could be with only emergency coverage for quite a while. If you don't get reported you will need to plan to remain in Canada for 2+ years. You'll need to apply for a PR card and then start the sponsorship process. It will be up to you both to decide what you can afford, whether you will be ok if you need to live apart for a certain period of time and whether you will be able to remain in Canada without leaving for 2+ years. Business travel is mostly on hold but will restart at some point and travel to see family or a family emergency would not be possible without risking being reported if you didn't get reported the first time.

Thank you for your feedback, this perfectly sums up all the concerns. I don't want to be stuck with government bureaucracy for years. Appreciate it