20 years outside Canada

[Cuchita]

I got my permanent residence in 1997, I traveled to Canada and stayed there for a year and a half. I had to go back to my country (in South America) because my dad was very sick.
At that time you could stay only six months out of Canada otherwise you would lose your residence. I applied for a special permit to stay outside Canada longer but the embassy denied.
In 2001 I wanted to visit my friends in Canada and thinking I was no longer a resident I traveled with my other passport, an european one (I have dual citizenship) that at that time did not require a visa or an ETA. I didn't have any problems at the airport and stayed there for three weeks.
My questions are:
1- Can enter Canada by plane with only my COPR? ( i have never had a PR card but I do have a SIN)
2- If I apply for a PRTD what are the chances to get it?
3- Can I cross the US border by car with my european passport as a tourist (I understand that way I won't need an ETA) and stay 2 years to comply with the RO and then apply for a PR card? Is this my best option?
4- When I got my PR I was single, now I am married and I have a 3 years old son. Both have visa exempt passports, if they cross the border with me as tourists what status can they have during the two years? Can my husband apply for a student visa and include our son?
5- i am 3 months pregnant, if I can enter Canada and have the baby there, is he entitled to receive any benefits? and if I apply for the benefits immigration would check on my residence status?

 

[scylla]

1. No. You can only enter Canada through a US/Canada land border using a private vehicle.
2. Zero chance it will be approved given how long you've been outside of Canada.
3. Yes - you can try. If you are reported at the border for failing to meet RO you'll be asked to appear at a hearing and should expect to formally lose your PR status and be ordered to leave. If you are able to enter without being reported, then you can stay for two years and then apply for a new PR card.
4. They will need to keep extending their status to remain in Canada legally. Yes - your husband can apply for a study permit. He will need to ensure his planned studies in Canada make sense in light of his previous education and experience - and that he has enough of a bank balance to cover his tuition and living expenses (generally speaking this is at least $25K if not more).
5. You'll most likely need to wait for three months before you qualify for any provincial health care coverage. Until then, you will have to pay for everything yourself. No - applying for this benefit will not trigger a check of your status by IRCC.

 

[Cuchita]

Thanks a lot.
As I will be using my european passport not the one I used to apply for my permanent residence and taking into consideration that I already used it once to enter as a tourist in 2001 and had no problems what are the chances that they let me in by land without questioning? Is it illegal to enter as a tourist being a PR? Will this bring me any problems later when I am apply for my PR card?

 

[Buletruck]

If they ask you your status (visitor, PR, student, etc) you have to answer honestly and tell them you are a permenent resident. Failing to do so is misrepresentation. If you are showing up with the family and a lot of possessions, e pact they will send you to secondary. Your husband and son will not have health coverage during the 2 years you wait to renew.
Out of curiosity for those in the know, what are the chances that you PR has been revoked already, given the rejected your extension request previously. This could explain why you were allowed to enter as a visitor. You might want to check on your status before you make the move and find out your PR status was revoked years ago.

 

[meyakanor]

If they ask you your status (visitor, PR, student, etc) you have to answer honestly and tell them you are a permenent resident. Failing to do so is misrepresentation. If you are showing up with the family and a lot of possessions, e pact they will send you to secondary. Your husband and son will not have health coverage during the 2 years you wait to renew.
Out of curiosity for those in the know, what are the chances that you PR has been revoked already, given the rejected your extension request previously. This could explain why you were allowed to enter as a visitor. You might want to check on your status before you make the move and find out your PR status was revoked years ago.

This is a very good question.

Failing the 6 out of the last 12 months residency obligation, intent was important under the old Immigration Act, and the fact that she tried to enter as a visitor in 2001 (this was before IRPA) could be taken as an intent to abandon residency in Canada back then, and her PR might have been revoked on the spot.

But without official revocation, it's hard to tell for sure. Was PR status revoked much more easily on the spot back then than it is now? Could she have been given a chance to appeal, but didn't? In which case she would have lost the status by then as well.

 

[rish888]

https://www.canada.ca/en/immigratio...-status-replacement-immigration-document.html

The only way to know for sure is to apply for a Verification of Status document. It will tell you if you're still a PR or not.

If you are still a PR, the land border entry plan looks good. Remember to act like a tourist. If the officer asks you to your face if you're a PR, you will need to answer yes, but otherwise you don't need to volunteer information.

You husband and child will need some something more than a visitor's permit. A study permit is a good idea but others have said it will need to make sense.

After you have stayed in Canada for 2 years, you can sponsor them for permanent residence. Your second child will be a Canadian citizen by birth.

 

[Buletruck]

The only way to know for sure is to apply for a Verification of Status document. It will tell you if you're still a PR or not.

So my next question would be, if you apply for confirmation, is that something that pops up on cbsa’s Screen at the POE and would it make you more susceptible for secondary? There is a lot of information on the form that could be used to cross reference name/passport/ country of birth/etc.

 

[rish888]

So my next question would be, if you apply for confirmation, is that something that pops up on cbsa’s Screen at the POE and would it make you more susceptible for secondary? There is a lot of information on the form that could be used to cross reference name/passport/ country of birth/etc.

Honestly I don't know. I would think that if this would pop up, then her original record of landing should have popped up the last time she entered. It's issued by CIC and pulled of the GCMS so maybe or maybe not.

Either way, this is the only way of knowing for sure if she is still a PR or not.

Once option would be to enter Canada first, then apply for this document. If it turns out she's a PR, great. If it turns out she's not one anymore, she would need to leave/get a different visa.

The listed processing time for a VOS is 6 months, but I got mine in 3 weeks. Not sure if I just got lucky or if it's usually fast. The time it may take to get the document is something to keep in mind if you go for the enter then apply route.