697 more days to make to meet RO and spobnsorship for non-PR child

[Rustamjan]

Dear Leon, Msafiri and other respected experts,

Thank you very much for your valuable expert advice. Yesterday I have looked into Landing Paper and our old Tajik Travel Passports for the dates of entry and exit in Canada in 2010. As per the documents we were physically present in Canada on 13 November - 15 December 2010 (total 33 days). Landing Paper shows the date of entry written by Visa Officer as well as the Tajik Travel Passports with the stamp on the page by the Passport Control. But as for the exit there is no stamp made by the Passport Control made in the Pearson Airport. I guess this is the procedure that passports are not stamped while exit in the Airport. We (my wife, two daughters and myself) arrived in Moscow airport from Toronto and there is entry stamp made by Russian Passport Control on 16 December 2010. Therefore I roughly took 15 December 2010 as departure date from Toronto. Unfortunately I have not kept boarding pass from Toronto. The proof of our 33 days of the physical presence can be only Landing Paper and Travel Passports with date of entry and stamps of Russian Passport Control in the Airport for exit. I do not also have rent payment bills or any other bills for utilities because we stayed with friends. Can above be the proof of our physical presence in Canada ? Please advice.

Another very important issue. 5 years consist of 1825 days. Starting from November 13 (date of our entry in Canada), if you add 1825 days from 13 November it means our PR cards will expire in 11 November 201. We already have 33 days of physical presence in Canada. It means we still need to make 697 days to make to meet RO obligations. If we leave right away to Canada (today or tomorrow) we can definitely make 697 days (or even 698 days). Unfortunately, due some family issues I can only leave to Canada on 15 January 2014. It means that we will make 698 days of physical presence in Canada during 5 years post landing. Dear experts, can we make the rest 32 days when our PR cards expired ? Will these days be counted when I apply for renewal of PR cards ?

As many of you have seen from my older posts, we have non-PR child born outside of Canada and she has been rejected for TRV by Embassy of Canada in Moscow. I do not think TRP is the next option which I am going to proceed with. More or less reliable option is to leave our baby in the home country with my Mom and return to Canada with the rest of family members to initiate sponsorship for my non-PR child. My question is the following: As you see from above we are not going to be in good situation if we leave on 15 January 2014 to Canada. We might be lucky with the Visa Officer in the Pearson not reporting us. But if we initiate Sponsorship for my non-PR child in couple days upon arrival we might be questioned by officers who can further report on us. Do you think if we are lucky in Pearson the best option we wait to make 730 days and then start Sponsorship for my non-PR child or it should be okay ? It is very hard to leave my child in the home country, especially for the long time. But at the same time, I do not want to get into trouble by applying for sponsorship because our situation is not good at all.

Dear friends, may be I could not explain all very clear as my english is not advanced. But please ask me questions so that I can provide more information for clarification.



Thank you very much in advance

 

[Leon]

I think I have already told you a couple of times before, if you want to meet the residency requirements, you can not have been outside Canada for more than 3 years. You need to re-enter before December 15th if you want to have a hope to meet the residency requirements. I already told you this on the 10th as I recall.

What you need in order to meet the RO is not to be outside Canada for 1095 days or more (PR card renewal) or having stayed in Canada for at least 730 days (or still be able to) (PR Travel document). Basically this is the same thing +/- a couple of days.

If you stay outside Canada for 1095 days or more, you will not meet the RO until you have spent a full two years in Canada, that would be on January 15th 2016 if you are planning on going back on January 15th 2014.

If you are not reported on entry, you could stay in Canada for a two full years and only apply to renew your PR card once you meet the RO again but as I have already explained, if you do this, if you are able to enter without getting reported, you will be reporting yourself as soon as you try to sponsor your child. That is unless you want to wait until January 2016 to start the sponsorship application.

Anyway, it is up to you. Go back now, still able to meet the RO and able to start the sponsorship application right now or go back on January 15th, take the risk that you will be reported and if that happens, worry about your PR appeal for the next 12 to 18 months, unable to start sponsorship of your child.

 

[Msafiri]

My math tells me you have 700 days from today Friday Dec 13, 2013 to Nov 13, 2015 being the 5th anniversary of your landing date. Add this to the 33 days to hand and you have a 3 day cushion. You need to land in Canada no later than this Monday which with the time zones and flight times means you need to leave Tajik this weekend.

This 3 days could mean the difference between sponsoring your daughter in Jan 2014 with a re-union by Q314 as a PR and waiting till Q415/ Q116 to sponsor. Reading between the lines I guess your current employment is the issue...if this is the case is it worth it versus the short term sponsorship. You have the option of being the sole traveler to Canada at this time and your spouse can wait for your daughter's sponsorship. Once she has PR they all travel together - I think the border agents will let it slide if she explains she was waiting for her daughters sponsorship if they query her absence. An added advantage of this is it reduces the risk of the whole family being reported. The downside is the obvious family separation but as explained CIC and the courts would rightly take the view it was self inflicted.

You don't require a PR Card to live in Canada. However its increasingly the case that government and private business are starting to demand a valid PR Card as the only proof of PR Status for providing services eg Health Card, Drivers License, SIN, registration as an engineer etc. You best get these documents while your PR Card is still valid.

There is no easy way out...sorry you left it too late with this one.

 

[Rustamjan]

Dear Msafiri,

What Q314, Q415 and Q116 stand for ?



Thanks

 

[Msafiri]

Dear Msafiri,

What Q314, Q415 and Q116 stand for ?



Thanks

Q = Quarter of the Calendar Year. Q1 = Jan, Feb, Mar ; Q2 = Apr, May, Jun etc. The suffix is the year i.e 14 = 2014.

 

[Rustamjan]

Dear Leon and Msafiri,

Thank you very much for your valuable advice.

Yes, employment is an issue, but more important issue that my Mom will go to surgers these days. Therefore I need to be with her at least couple weeks.

Leaving my wife in Tajikistan and coming to Tajikistan is the option, but not the best may be. Because she does not speak english and providing good explanation to the officer in the airport might be an issue.

Reading through your response I understood that if we arrrive in Canada on 10-15 January 2014, will not be reported in the airport, then it is better not to initiate sponsorship for my non-PR child. If we initiate, there is a risk that we can be reported in CIC. Correct ?

My apologies for asking questions several times. You understand my situation and concern. You guys are the only source of information currently.


Thank you very much

 

[Leon]

Reading through your response I understood that if we arrrive in Canada on 10-15 January 2014, will not be reported in the airport, then it is better not to initiate sponsorship for my non-PR child. If we initiate, there is a risk that we can be reported in CIC. Correct ?

Right. If you are able to enter Canada without being reported and then apply to sponsor your child right away, immigration will see that you do not meet the residency requirements and may start an investigation into your PR and call you for an interview.