Advide needed please!

[6327farag]

Ill start by giving a bit of background on myself and then tell you about my problem and questions I have.

I moved to canada june 2003 aged 15 with my mother, step father, and two younger brothers. I stayed in canada until august 2006 and came back to the uk aged 18 my family stayed and have now became citizens and don't plan on leaving.my reasons for returning to the uk were to join the army witch I had wanted to do since I was a young boy. I was initially turned down and started work as a butcher where I remained until 2008 when I retryed for the army and got it and started in 2009. While serving I got married and shortly before deploying to afghanistan my wife gave birth to my son. After returning from afghanistan in 2011 my outlook and goals in life severly changed and my wife and son where now my priority in life not my career in the army. I completed my time in the forces april of this year and I wish to take my family to canada to live. So I'm closer to my own family. I have visited a couple of times since getting married and my wife is depserate to live there also.

So my question is what is the best way to go about making this possible? I have read through many of the posts on this forum and my understanding is that even though my pr card has expired I am still a pr although I would not be able to renew it as I do not meet the residency requirements. So therefore even if I did get through poe I wouldn't be able to sponsor my family.

I have an ontario health card a bank account with scotia bank still open and everytime I have entered canada I have never been questioned about my pr so I suppose I could just walk in but I don't want to do this. During my time in the forces we were always to live by the core values and these are instilled in me even after leaving and integrity is a big part of that so I don't want to have to lie my way in and then spend 2 years apart from my family( the main reason I left the army)

So basically what options are open to me? I don't think applying as a skilled worker I woukd get in either as soldier isn't on the noc list. And I only have 2 and a half years working as a butcher.

Any help would be greatly appreciated!

Kind regards,

Jonathon faragher

 

[Leon]

If you want to apply for PR again, you need to lose the old PR first. A way to find out if you can keep or lose it would be to apply for a PR travel document clearly stating your situation. If they deem that you don't get one, you will lose your PR. For most immigration classes these days, you need a job offer (labour market opinion). You could get a job offer as a butcher and use it to apply under the skilled trades class or to apply for a work permit.

 

[Msafiri]

Ill start by giving a bit of background on myself and then tell you about my problem and questions I have.

I moved to canada june 2003 aged 15 with my mother, step father, and two younger brothers. I stayed in canada until august 2006 and came back to the uk aged 18 my family stayed and have now became citizens and don't plan on leaving.my reasons for returning to the uk were to join the army witch I had wanted to do since I was a young boy. I was initially turned down and started work as a butcher where I remained until 2008 when I retryed for the army and got it and started in 2009. While serving I got married and shortly before deploying to afghanistan my wife gave birth to my son. After returning from afghanistan in 2011 my outlook and goals in life severly changed and my wife and son where now my priority in life not my career in the army. I completed my time in the forces april of this year and I wish to take my family to canada to live. So I'm closer to my own family. I have visited a couple of times since getting married and my wife is depserate to live there also.

So my question is what is the best way to go about making this possible? I have read through many of the posts on this forum and my understanding is that even though my pr card has expired I am still a pr although I would not be able to renew it as I do not meet the residency requirements. So therefore even if I did get through poe I wouldn't be able to sponsor my family.

I have an ontario health card a bank account with scotia bank still open and everytime I have entered canada I have never been questioned about my pr so I suppose I could just walk in but I don't want to do this. During my time in the forces we were always to live by the core values and these are instilled in me even after leaving and integrity is a big part of that so I don't want to have to lie my way in and then spend 2 years apart from my family( the main reason I left the army)

So basically what options are open to me? I don't think applying as a skilled worker I woukd get in either as soldier isn't on the noc list. And I only have 2 and a half years working as a butcher.

Any help would be greatly appreciated!

Kind regards,

Jonathon faragher

It will likely take longer to get PR under any category than to return to Canada for 2 years and get your PR back in good standing. You also need to pass all medical and background checks - if you've been in the militray these can take some time especially if you've seen active service.

Your dependents can always enter Canada as visitors once you are back - this status can be extended prior to expiry...as long as you have an income this should not be a problem. (I'm assuming they are UK citizens too so qualify for visitor visa free entrance). These way you can be together.

You have one foot in the door - re-applying for PR is taking a step back and that door could close permanently....sitting tight in Canada for 2 years is a step forward.

 

[6327farag]

If I was to get past poe without residency being questioned. What would be the next steps? Would I be better taking my family with me initially or have them visit at a later date?

If my wife was to apply for a work permit would it passibly flag my residency failure to the authorities? And also would my son be able to attend school without being a pr and only visiting? How long can a visitor visa last I thought it was only 6 mnths though I'm under the impression they can leave and then return instantly.

I already have a place to live and a job wouldn't be a problem as its a smallish town and I know most people there. In your opinion do you think I'd get through poe I have never been stopped or questioned previously but I havnt had my pr card on me my parents however said they had been questioned a couple of times.

Thanks again

Jonathon

 

[Msafiri]

If I was to get past poe without residency being questioned. What would be the next steps? Would I be better taking my family with me initially or have them visit at a later date?

If you enter without being reported you should remain in Canada for 2 years straight for your PR to be in good standing. Thereafter apply for a PR Card. You can apply to sponsor after the 730 days no need to wait till you have a PR card in hand though it would make things easier. I would suggest you enter alone first to make sure you get in without being reported.

If my wife was to apply for a work permit would it passibly flag my residency failure to the authorities? And also would my son be able to attend school without being a pr and only visiting? How long can a visitor visa last I thought it was only 6 mnths though I'm under the impression they can leave and then return instantly.

Applying for a WP should not directly flag up a residency issue. If she meets the criteria for a WP it will be granted. What is her occupation? School attendance whilst a visitor will be an issue in that you will get billed if so expect to pay a 4 figure sum to the relevant school board. If she is on a WP then school not an issue...approach your school board and ask they may let it slide if he is a child of a PR.

Most visitor visa exempt nationals get a 6 month admission period but the border agent may adjust this down to the duration of the ticket held or purpose of your visit. The agent may also issue a visitors record which clarifies the restrictions on your entry e.g. no work/ study and most important a date of departure which requires you to report to immigration to confirm your exit.

Some applicants ask for a VR if they intend to have inland sponsorship but with your residence issue I would suggest not to bring this up. You can apply for an extension of status prior to expiry of the admission period. Its important to do this to maintain a good immigration record. The main challenge whilst a 'long term' visitor is health coverage as you are not covered by the provincial medical scheme e.g. OHIP so its vital to have medical emergency insurance..several companies cover this so shop around for quotes. Another challenge is the inability to work...some people go nuts when idle and of course there is the financial implications of one person being the sole income earner.

Visa runs where you exit the country close to the expiry of the admission period then return after a brief stay outside Canada are generally a bad idea...the border agent may flag you as not being a genuine visitor and you could get admitted for say 1 week or worse bounced. Sometimes it works though...some people go to the US for the day and get a fresh 6 month admission upon return...depends on your approach to risk.

I already have a place to live and a job wouldn't be a problem as its a smallish town and I know most people there. In your opinion do you think I'd get through poe I have never been stopped or questioned previously but I havnt had my pr card on me my parents however said they had been questioned a couple of times.

Your chances of a smooth entry appear good given you've never had any issues but it depends on the CBSA agent on the day. If you take the same approach as your previous visits then you should be ok. Having a one way ticket and telling the CBSA agent you are intending to settle in Canada for 2 years to get your PR back on track is not a good idea unless they ask you about your PR status if they find this in their databases.

 

[6327farag]

That's another question I had everytime I have visited iv had a return flight booked do/can they check this at poe? Obviously I wouldn't want to pay an extra 800 pound for a flight I won't actually be on.

Thanks again!

 

[scylla]

They can ask to see your return flight.

Two way tickets are generally cheaper than one way tickets. You might find you're better off buying a two way even if you don't use half the ticket.

 

[Msafiri]

That's another question I had everytime I have visited iv had a return flight booked do/can they check this at poe? Obviously I wouldn't want to pay an extra 800 pound for a flight I won't actually be on.

Thanks again!

Get a full fare return ticket then once in Canada obtain a refund on the return portion or go to a company that has competitive one way fares e.g. charter flights. Maybe best to look at the big picture...what's more important - GBP 800 or PR status?

 

[6327farag]

Hello Folks,

Just a quick update an a little further advice I am currently in Canada and have been for a couple of weeks. Upon arrival (with wife and child) we went through immigration as visitors i.e not PR or canadian citizen line. I was asked a few questions and we were let through.

My PR was not asked about nor did i tell them so the question is does the fact i came as a visitor mean I cannot stay?(the intention is to stay on holiday) However I will be staying if this does infact mean i have not been flagged by CIC.

Any information greatly appreciated as ever!

 

[Leon]

Hello Folks,

Just a quick update an a little further advice I am currently in Canada and have been for a couple of weeks. Upon arrival (with wife and child) we went through immigration as visitors i.e not PR or canadian citizen line. I was asked a few questions and we were let through.

My PR was not asked about nor did i tell them so the question is does the fact i came as a visitor mean I cannot stay?(the intention is to stay on holiday) However I will be staying if this does infact mean i have not been flagged by CIC.

Any information greatly appreciated as ever!

If you never officially lost your PR status and you were not reported this time either and you would know if you were, you are still a PR and therefore free to stay in Canada. If you stay for 2 years, you will bring your PR status back in good standing. You may have to get your SIN reactivated (Service Canada) as it becomes dormant after a few years if you don't use it. You can not renew your PR card as you don't meet the residency obligation nor can you apply to sponsor your wife and child for PR at this time. You should basically avoid all dealings with immigration. You may work, you may apply for drivers license as well as health care.

The status of your wife and child is however a problem. Their status is currently visitors. As such, they can stay for up to 6 months and may not work or study nor do they get covered by health care. It is possible that as a PR yourself, you may be able to enroll your son in school. However, in some cases, depending on the school or the school district, they would be asking about his status, if he has a study permit for minors and are you going to pay his tuition. You would basically have to ask at the school to find out. As for your wife, in order to get a work permit, she would first need a job offer and then the employer needs to prove to Service Canada that they need her and couldn't find anybody else who wants or is skilled to perform that job. She does not qualify for a work permit just based on your PR status.

If they continue to stay as visitors, after 5 months, you need to apply to extend their status or the other option would be to send them home and have them come back. Make sure that you have accident / emergency insurance for both of them because if they have an emergency in Canada and aren't covered by health care, it could get expensive.

 

[6327farag]

Thank you Leon! However i just want to confirm that even though i entered Canada as a visitor and my customs card stated i would be in canada for 3 weeks does this make any difference? Is it simply the case i am a PR and im now in regardless of how i entered?

Also if my wife was to stay for 6 months(as allowed as a visitor with a UK passport) and not just the 3 weeks declared on customs card would this be a problem.

Nothing was said to us at POE, just where are you staying and how long.

Once again thank you.

 

[Leon]

Thank you Leon! However i just want to confirm that even though i entered Canada as a visitor and my customs card stated i would be in canada for 3 weeks does this make any difference? Is it simply the case i am a PR and im now in regardless of how i entered?

Also if my wife was to stay for 6 months(as allowed as a visitor with a UK passport) and not just the 3 weeks declared on customs card would this be a problem.

Nothing was said to us at POE, just where are you staying and how long.

Once again thank you.

No, you are not tied to staying 3 weeks like you said. In your case, you are a PR and can stay as long as you want. In your wife's case, I assume she got a 6 month stamp in her passport without any mention that she could not stay that long in case she can stay that long too if she wants to. If you ever get asked why, you say you simply changed your minds and decided to stay longer than originally planned.

 

[6327farag]

Many thanks leon!