Chances of my PR entry into Canada?

[aryank]

All,

Here is my situation and I am trying to see if I can get any advise. Me and my wife are currently in US on H1B and both my kids are US citizens. We applied for our Canada PR through AINP. Me, my wife and my first kid (all three of us have PR cards and expired in Feb 2017) landed in Canada in May 2011 and met our landing requirements. And we have travelled to Canada a couple of times in 2011 and once in 2012. Ever since we have not travelled to Canada. Our second child was born in 2013 (US citizen) and she is not a Canadian PR. We now want to move to Canada for good. My question is

1. what are our chances of being admitted into Canada as PR? (via road or air)

2. Since our cards expired and since we have not satisfied PR residency requirements, have we lost the PR?

3. How does it work with our second child?


Please help

 

[scylla]

1. You cannot enter by air. You can only enter by land using a private vehicle. It's impossible for any of us to guess what will happen at the border. It's quite possible you will be reported at the border for failing to meet the residency requirement. If that happens, you will be called to a hearing to argue why you should be allowed to keep your PR status and should expect the decision to go against you (work/economic reasons are not accepted as valid reasons for having failed to meet the residency requirement). Once that happens, your PR status will be officially revoked and you will be ordered to leave Canada. If you are somehow able to re-enter Canada without being reported, you will need to remain in Canada for two years straight before you will be able to renew your PR cards and safely keep your PR status. You should not leave Canada during these two years for any reason if you want to be successful in keeping PR.
2. At this point you are technically still PRs.
3. Your second child cannot be sponsored for PR until you meet the residency requirement. You will have to try to bring your second child to Canada as a visitor. If you are allowed in without being reported, you will have to wait for two years before you will be able to sponsor that child. During this time, the child won't be covered by Canada's health care system and you'll need to pay for everything out of your own pocket.

 

[aryank]

Hi Scylla,

Thanks a bunch for such an amazing response. I didnt even think we would get admitted. Do people get admitted in such cases? Also, how can my second child (US citizen)? Is immigrant intent not clear which would cause problems in applying for her visitor visa?

 

[scylla]

Hi Scylla,

Thanks a bunch for such an amazing response. I didnt even think we would get admitted. Do people get admitted in such cases? Also, how can my second child (US citizen)? Is immigrant intent not clear which would cause problems in applying for her visitor visa?

Yes - people get admitted. However I do think there's a high chance you will be reported for failing to meet RO - in which case you'll lose your PR status and be forced to leave Canada. Your second child doesn't need a visitor visa as a US citizen.