RO not met - My case

[nov11]

Hello everyone,

First of all I would like to mention that, I have gone to most of the threads here and have decent information on RO. But I would still like to mention my case and see if there are any points that I might have missed.
I landed as a PR in Nov 2017 and exited on Feb 2018. I had been there on temporary work from my company which coincided with my landing. I had been to Canada in 2015-16 on work permit.
Hence as of today I do not meet the residency obligation.
My PR card is valid till Jan 2023.
I am a PR while my wife and kids are not PR. As of now they are ok to stay in India, until I get settled in Canada (if).
Reasons for not going to Canada in earlier years (later being Covid and a child birth in India)
- Was sole earner that time and had home loans (prior to PR itself) hence without job it would be difficult for kids education etc since I had not got job, and wife could not manage alone - I know this is financial reason and not heavy
- Reason why wife and kids did noy apply PR was - FIL is suffering from liver problems and she needed to support - it is still the case
- Early 2020 she was pregnant and then covid situation made it bad to travel.

Now we are in better situation financially and my earlier Canadian work experience might help me get a job offer soon (IT).

Should I give it a shot in 1 or 2 months to land there ? Thanks in advance for your inputs.

@scylla
@armoured

 

[scylla]

Hello everyone,

First of all I would like to mention that, I have gone to most of the threads here and have decent information on RO. But I would still like to mention my case and see if there are any points that I might have missed.
I landed as a PR in Nov 2017 and exited on Feb 2018. I had been there on temporary work from my company which coincided with my landing. I had been to Canada in 2015-16 on work permit.
Hence as of today I do not meet the residency obligation.
My PR card is valid till Jan 2023.
I am a PR while my wife and kids are not PR. As of now they are ok to stay in India, until I get settled in Canada (if).
Reasons for not going to Canada in earlier years (later being Covid and a child birth in India)
- Was sole earner that time and had home loans (prior to PR itself) hence without job it would be difficult for kids education etc since I had not got job, and wife could not manage alone - I know this is financial reason and not heavy
- Reason why wife and kids did noy apply PR was - FIL is suffering from liver problems and she needed to support - it is still the case
- Early 2020 she was pregnant and then covid situation made it bad to travel.

Now we are in better situation financially and my earlier Canadian work experience might help me get a job offer soon (IT).

Should I give it a shot in 1 or 2 months to land there ? Thanks in advance for your inputs.

@scylla
@armoured

It's certainly worth trying.

Note that you won't be able to submit the application to sponsor your wife and kids for PR until you have returned and lived for 2 years in Canada (and meet the residency requirement).

 

[nov11]

It's certainly worth trying.

Note that you won't be able to submit the application to sponsor your wife and kids for PR until you have returned and lived for 2 years in Canada (and meet the residency requirement).

Thank you for the response. Yes, aware of the reason for waiting 2 years.

I would like to mention the same true reason for staying back in home country. I can carry all the documents related to this as well.

 

[nov11]

Hello again,

Fortunately, I have managed to secure a software job in Montreal. I wanted to know which is a better POE since I am already out of RO. I know nobody can say what would happen, but would having an offer letter at Montreal be a more convincing case to the officers in any way? Please do provide any other thoughts!

@scylla
@dpenabill
@armoured

 

[scylla]

Hello again,

Fortunately, I have managed to secure a software job in Montreal. I wanted to know which is a better POE since I am already out of RO. I know nobody can say what would happen, but would having an offer letter at Montreal be a more convincing case to the officers in any way? Please do provide any other thoughts!

@scylla
@dpenabill
@armoured

I don't think there is any better or worse POE.

 

[armoured]

Fortunately, I have managed to secure a software job in Montreal. I wanted to know which is a better POE since I am already out of RO. I know nobody can say what would happen, but would having an offer letter at Montreal be a more convincing case to the officers in any way? Please do provide any other thoughts!

Don't know anything about whether some POEs better than others. Having a job offer certainly not a negative, esp in context of other points you mention about supporting family.

When being questioned about the reasons, be certain to mention covid, covid uncertainty, not feeling safe to leave family in covid, and the travel ban (as well as govt recommendations not to travel). (I don't mean you have to go into detail or mention all of these, but they're all relevant)

There is not (and likely will not be) any special exemption or rules for covid. Covid related delays are, however, reasons that must be taken into account, and get them on the record.

In the event of a report and appeal, I personally think (only speculation on my part) that IAD and others will give covid-related factors non-zero weight, and in many cases significant weight. Lawyers would be able to make rather significant hay out of just the continuing government recommendations not to travel.

Note that I do not think this will be carte blanche nor that covid will result in absolution of all residency obligation problems. But it can't be ignored, either.

 

[nov11]

I don't think there is any better or worse POE.

Yes, I do feel the same. Thank you.

 

[nov11]

Don't know anything about whether some POEs better than others. Having a job offer certainly not a negative, esp in context of other points you mention about supporting family.

When being questioned about the reasons, be certain to mention covid, covid uncertainty, not feeling safe to leave family in covid, and the travel ban (as well as govt recommendations not to travel). (I don't mean you have to go into detail or mention all of these, but they're all relevant)

There is not (and likely will not be) any special exemption or rules for covid. Covid related delays are, however, reasons that must be taken into account, and get them on the record.

In the event of a report and appeal, I personally think (only speculation on my part) that IAD and others will give covid-related factors non-zero weight, and in many cases significant weight. Lawyers would be able to make rather significant hay out of just the continuing government recommendations not to travel.

Note that I do not think this will be carte blanche nor that covid will result in absolution of all residency obligation problems. But it can't be ignored, either.

Thanks for the detailed response @armoured

The final package that I will carry to POE would be:

1. Scan report of my lower back issue during 2018 - due to which I could not stand and travel.
2. Scan report of FIL health issue due to which family could not be PR. (2018 to current)
3. Proof of other financial dependencies. (2018-19)
4. Reports of Pregnancy and child birth in 2020 - with covid restrictions, made it nearly impossible to travel.
5. Further travel restrictions in 2021
6. Finally arriving with a job offer.

This is all true and I hope to get through!

 

[armoured]

Thanks for the detailed response @armoured

The final package that I will carry to POE would be:

1. Scan report of my lower back issue during 2018 - due to which I could not stand and travel.
2. Scan report of FIL health issue due to which family could not be PR. (2018 to current)
3. Proof of other financial dependencies. (2018-19)
4. Reports of Pregnancy and child birth in 2020 - with covid restrictions, made it nearly impossible to travel.
5. Further travel restrictions in 2021
6. Finally arriving with a job offer.

This is all true and I hope to get through!

No comment on the above, as you seem well prepared with documentation; I'm partly guessing but I suspect they will be more interested in the more recent issues - or roughly in the reverse order from what you have.

But I'd also prepare (mentally) for the possibility that you will just be asked questions verbally. They may or may not look at your written documentation, or possibly just glance at it. And you generally don't need to go into a lot of detail unless they ask further questions; same with the written documentation - if they don't ask and seem to believe you, it may not be necessary (or just mention you do have documentation if needed).

Just answer truthfully, simply, factually and briefly.

Good luck.

 

[canuck78]

Would add that unless your family can secure TRVs you will be looking at a long separation from your family since once you enter Canada you shouldn’t leave for 2+ years until you are back in status.

 

[nov11]

Would add that unless your family can secure TRVs you will be looking at a long separation from your family since once you enter Canada you shouldn’t leave for 2+ years until you are back in status.

Thank you for the note. Yes, we are aware of that. Support system for them is good back here and I will surely try for TRV for periodic visits. Would also try the PR route for them.

 

[nov11]

No comment on the above, as you seem well prepared with documentation; I'm partly guessing but I suspect they will be more interested in the more recent issues - or roughly in the reverse order from what you have.

But I'd also prepare (mentally) for the possibility that you will just be asked questions verbally. They may or may not look at your written documentation, or possibly just glance at it. And you generally don't need to go into a lot of detail unless they ask further questions; same with the written documentation - if they don't ask and seem to believe you, it may not be necessary (or just mention you do have documentation if needed).

Just answer truthfully, simply, factually and briefly.

Good luck.

Thanks for this input. This does give some hope..

 

[canuck78]

Thank you for the note. Yes, we are aware of that. Support system for them is good back here and I will surely try for TRV for periodic visits. Would also try the PR route for them.

TRVs are pretty unlikely. If your spouse qualifies for PR independently of you then that would be an option.

 

[nov11]

TRVs are pretty unlikely. If your spouse qualifies for PR independently of you then that would be an option.

Yes, trying to see Quebec PNP is an option. She has work experience in IT.

 

[canuck78]

Yes, trying to see Quebec PNP is an option. She has work experience in IT.

Does she speak French?