Complicated Scenario

[hkdvirdi]

Hi,

Me and my family got our PR in 2006 but we went back to India in the august of 2006. After that i have renewed my PR card as i was living in canada but the real problem is my mom was in India all this time and her card expired in 2011. Now how should i go about renewing her card as she cant enter canada. Is there a way i can get her entry in canada and then apply for PR card after staying for 2 years??

Thanks

 

[scylla]

If she can get a US visa, then she can try entering Canada via a US/Canada land border. If she is able to enter Canada without being reported, then she can remain in Canada for two years and then renew her PR card.

 

[Msafiri]

Hi,

Me and my family got our PR in 2006 but we went back to India in the august of 2006. After that i have renewed my PR card as i was living in canada but the real problem is my mom was in India all this time and her card expired in 2011. Now how should i go about renewing her card as she cant enter canada. Is there a way i can get her entry in canada and then apply for PR card after staying for 2 years??

Thanks

What is her reason for breaching the RO....it could be an allowable H&C ground enabling PRTD application. Scylla on point that entry via the US is still the better option though.

 

[hkdvirdi]

What is her reason for breaching the RO....it could be an allowable H&C ground enabling PRTD application. Scylla on point that entry via the US is still the better option though.

She had to stay with my younger sister as she was in the school at that time as my dad was with me in india. If she enters through US wouldnt CBSA officials ask her to present her PR card for her entry in canada?

 

[keesio]

She had to stay with my younger sister as she was in the school at that time as my dad was with me in india. If she enters through US wouldnt CBSA officials ask her to present her PR card for her entry in canada?

For land entry, she can use her copy of COPR and passport instead of PR card. There is still a chance she will get reported.

So I'm confused by this sentence:

She had to stay with my younger sister as she was in the school at that time as my dad was with me in india.

Did you mean it more like this?

She had to stay with my younger sister as she was in the school at that time (as my dad was with me) in india.

meaning your younger sister was in school in India and your mom stayed behind while your dad and you were in Canada?

 

[Msafiri]

She had to stay with my younger sister as she was in the school at that time as my dad was with me in india. If she enters through US wouldnt CBSA officials ask her to present her PR card for her entry in canada?

My understanding is that:

1. Your parents got PR along with you and your sister as their dependants.
2. Your mother returned to India with your younger sister. She has breached her RO and presumably so has your sister.
3. You and your father remained in Canada so you meet the RO.

Her absence is a lifestyle choice...your sister could have studied in Canada so why did she study in India? Getting a PRTD will be problematic and she is better of going the US visa route. She can use her COPR to cross a land border using non commercial means so e.g not greyhound but a private car or foot crossing. For this she has to get a US visa and secondly be admitted into the US by CBP (the visa allows you to get to the door and CBP open the door for you so to speak)

She may or may not get reported by CBSA at the land border - all depends on who you find at the border. If she gets in without report then she has to sit tight in Canada for 2 years to get PR back in good standing. If she gets reported she is issued a departure order and has 30 days to appeal or leave Canada.

If she loses her PR she can be sponsored for PR by your father if his RO is ok or by you when the quota opens up again in 2015 and you meet the criteria. Given the length of the appeal times fast sponsoring is only realistic if she doesn't appeal any report. What of your sister?

As a side note no need to go through all this if she will breach her RO again. She ought to get Canadian citizenship or else she will back on the forum in a few years time.