Entering Canada on Visa-exempt Passport Without Fulfilling Residency Obligation

[saudaltaj]

Hi,

I have a British Passport and my PR card expired 6 months ago (unable to complete 730 days). If i enter Canada and live there for 2 years can i then apply to renew my PR Card? Also, upon entering Canada will the CBSA know if i am a PR who hasn't fulfilled residency obligation?

If i enter Canada on my British Passport, they will stamp it with 6-month visitor entry. Can i stay on this type of entry and renew my PR card after 2 years? I mean will they not say why i entered as a visitor and create problems then?

Your help is highly appreciated. Thanks

 

[parkarasif]

hi,
They may not noticed that you are PR , but if they asked you that " are you PR of CANADA? " tell truth because he already know about you. If he/she allow you to enter be low profile do not come under radar of CBSA or CIC in any time till you fulfill RO.


p.s> This is my opinion not legal advice.

 

[Leon]

I have heard about several people who entered as visitors with an expired PR card and I have not heard anybody say that they later had problems because of it. However, that doesn't mean it hasn't happened, just that I haven't heard of it.

 

[bsm127]

Hello All

I am in the similar situation and trying to seek some advice:

Me, my wife and elder son got our PR in 2009. We visited Canada for 8 days in Feb 2010 and PR Cards were issued to me and my wife in March 2010 which are valid till March 2015. My elder son's card was not issued due to some photograph issues. We all held Indian passports that time. My younger son was born in 2011 in the UK but I did not applied for his PR as a dependent. We all hold British passports now.

I have the following concerns:

1) How can I get my younger son PR as a dependent. Will my status of not staying in Canada will affect his dependent application. Also do I need to apply in the UK or take him as a visitor there and apply from there.
2) Do I need a travel document for my elder son to go there or he can just enter as a visitor on British passport and apply for card there. Can we face any problems getting his PR card.
3) We did not move to Canada because of my wife's studies. Is it okay to be considered as an excuse for not staying in Canada while renewing PR cards of if stopped at the airport while entering.

I don't want my kids to face any problems to get admission in schools.

Many thanks in advance!!!

Regards,

BSM

 

[zardoz]

Hello All

I am in the similar situation and trying to seek some advice:

Me, my wife and elder son got our PR in 2009. We visited Canada for 8 days in Feb 2010 and PR Cards were issued to me and my wife in March 2010 which are valid till March 2015. My elder son's card was not issued due to some photograph issues. We all held Indian passports that time. My younger son was born in 2011 in the UK but I did not applied for his PR as a dependent. We all hold British passports now.

I have the following concerns:

1) How can I get my younger son PR as a dependent. Will my status of not staying in Canada will affect his dependent application. Also do I need to apply in the UK or take him as a visitor there and apply from there.
2) Do I need a travel document for my elder son to go there or he can just enter as a visitor on British passport and apply for card there. Can we face any problems getting his PR card.
3) We did not move to Canada because of my wife's studies. Is it okay to be considered as an excuse for not staying in Canada while renewing PR cards of if stopped at the airport while entering.

I don't want my kids to face any problems to get admission in schools.

Many thanks in advance!!!

Regards,

BSM

I think that you have serious problems. Here goes...

1) You do not seem to meet the residency obligation requirements. If you try to sponsor your child now, you are basically saying goodbye to your PR status. You MUST be living in Canada to sponsor anybody if you are not a Canadian citizen.

2) Your child can enter Canada on the UK passport as a VISITOR only. It doesn't give the right to live there from now on. Again, see 1)

3) This will not be accepted as a good reason by CIC to allow you consideration under H&C for keeping your PR status.

Given your circumstances, I think there is a high possibility of your family being reported for not meeting the Residency Obligations. You may have to consider splitting up the family for a period while you try and sneak into Canada without being reported, gain your 730 days of residency so that you can renew your PR card, and then sponsor your family again from the beginning.

 

[scylla]

1) You will need to sponsor your son for PR. Either you or your wife must be in Canada in order to sponsor him (you cannot apply from the UK). The other complicating factor is that you cannot sponsor him until you meet the residency obligation. If you apply for his PR now, this may put your own PR status in jeopardy since CIC will see you do not meet the residency obligation. He will have to come to Canada as a visitor using his British passport. Once you meet the residency obligation (i.e. two years after you return to Canada), you will be able to sponsor him for PR.
2) Your elder son can try entering on his British passport. He should not apply for his PR card until he has met the residency obligation.
3) Studying outside of Canada is not accepted as a reason for failing to meet the residency obligation if you want to renew your PR cards. To renew your PR cards, you will have to successfully return to Canada and spent two straight years in Canada (without leaving) before you can apply for the renewal. It is possible that you could run tinto issues re-entering Canada if the immigration officer sees that you have been outside of Canada for four years. Hopefully you will be allowed into Canada without issues. But if the officer decides to report you, then you would have to appear in front of a judge to argue why you should be allowed to keep your PR status even though you haven't met the residency obligation.

 

[zardoz]

Sigh.... Another one. I'm sure that it says on the supporting document with the COPR, exactly what the RO means...

 

[amanjeet]

PLZ do tell abt ur experience when u enter in Canada i m in same situation. Everyone asks leon when they are in problem no one comes back n tell abt their experience.

 

[bsm127]

Many thanks for your replies Scylla and Zardoz. I understand that now there is no way other than splitting the family and go there alone.

@Amanjeet are you asking me?

 

[amanjeet]

yes bro can u share ur experience when u enter canada

 

[zoezozo]

yes bro can u share ur experience when u enter canada

Ok,

I did a similar thing. But worse. I guess I am in big trouble but I dont really know what to do now...

I came into Canada after a long absence, with my children. My children, who were born in another country (visa-exempt) were able to get into school because I did have my landing papers (the IMM 100) and after two years I applied for my PR replacement card, which I received not too long ago. I did not sponsor my children or my husband because my husband and I were not really in agreement about the situation, and came close to legally separating so I really wasnt sure how to go about things. I did go to a few lawyers who weren't very helpful, they just told me to keep my head down and not get into trouble and that I could be sent out if I was caught so they kind of scared me. Long story short, we are all still here, one of my children has been coming and going (as a visitor, with my father, her grandfather ) and recently turned 18. Happily, my husband and I have worked out our differences and I would like to sponsor everyone.

However, of course there are glitches. My daughter who is 18 will now have to write in the application where she went to school, which was here, and I dont know if that will make big problems for me as in, she was a visitor going to school how legal is that? Would they know she had not had a visa? And my son, who is 11, has never left, as I have not either. I have to take him to get his passport redone in April, and I am seriously thinking of just bringing all of my documents and presenting them at the border on the way back in. If they tell me we all have to go and we are a bunch of liars well so be it. Is that crazy? I guess so but I feel like I have been under so much pressure and I am tired of it, I just want to live and have everything be normal.
I have been working since I arrived, I have worked very hard to make a life for me and my children here, I earn a very good living and I have filed taxes for 2 years now. So, I guess I have done something right.

Anyway, I think getting in to the country is not a problem, but coming out of it ok is yet to be seen...I still have not asked for my healthcard, I was told when I called that they cancelled it in 2007 and I was too scared to ask for a new one. Even though I am paying taxes etc...
So, my questions for anyone who has pity for a chicken like me,
When I fill out my forms with where has my daughter gone to school, will I be penalized for having her in school here? I really dont want to lie, but I am scared about that.
When they ask if I have been a resident in any other country, is it legal for me to be a resident in another country while being PR here? Now that I have PR status do they care about what I did in the past, or will I be penalized for that (as a sponsor I mean)
Would it just be better to leave for a period of time and come back at a later date and try to redo things, now that I have my pr in order?

Thankyou, to anyone who can answer my questions.

 

[keesio]

zoezozo - sorry that I can't help you with many of your questions. But I can suggest that you should be able to apply for a health card no problem. You just got your new PR card so you now have a valid PR card. With that, some proof of address like a bank statement and some other photo ID with signature (driver's license or passport) you should have no trouble applying for a health card.

 

[Leon]

Ok,

I did a similar thing. But worse. I guess I am in big trouble but I dont really know what to do now...

I came into Canada after a long absence, with my children. My children, who were born in another country (visa-exempt) were able to get into school because I did have my landing papers (the IMM 100) and after two years I applied for my PR replacement card, which I received not too long ago. I did not sponsor my children or my husband because my husband and I were not really in agreement about the situation, and came close to legally separating so I really wasnt sure how to go about things. I did go to a few lawyers who weren't very helpful, they just told me to keep my head down and not get into trouble and that I could be sent out if I was caught so they kind of scared me. Long story short, we are all still here, one of my children has been coming and going (as a visitor, with my father, her grandfather ) and recently turned 18. Happily, my husband and I have worked out our differences and I would like to sponsor everyone.

However, of course there are glitches. My daughter who is 18 will now have to write in the application where she went to school, which was here, and I dont know if that will make big problems for me as in, she was a visitor going to school how legal is that? Would they know she had not had a visa? And my son, who is 11, has never left, as I have not either. I have to take him to get his passport redone in April, and I am seriously thinking of just bringing all of my documents and presenting them at the border on the way back in. If they tell me we all have to go and we are a bunch of liars well so be it. Is that crazy? I guess so but I feel like I have been under so much pressure and I am tired of it, I just want to live and have everything be normal.
I have been working since I arrived, I have worked very hard to make a life for me and my children here, I earn a very good living and I have filed taxes for 2 years now. So, I guess I have done something right.

Anyway, I think getting in to the country is not a problem, but coming out of it ok is yet to be seen...I still have not asked for my healthcard, I was told when I called that they cancelled it in 2007 and I was too scared to ask for a new one. Even though I am paying taxes etc...
So, my questions for anyone who has pity for a chicken like me,
When I fill out my forms with where has my daughter gone to school, will I be penalized for having her in school here? I really dont want to lie, but I am scared about that.
When they ask if I have been a resident in any other country, is it legal for me to be a resident in another country while being PR here? Now that I have PR status do they care about what I did in the past, or will I be penalized for that (as a sponsor I mean)
Would it just be better to leave for a period of time and come back at a later date and try to redo things, now that I have my pr in order?

Thankyou, to anyone who can answer my questions.

You haven't committed any crime and neither have your children. You have stayed your two years and meet the residency requirements again, affirmed by your new PR card. You can register for health care now. Health care is based on staying in Canada so it is normal for them to cancel it when you have been gone for a long time but you are in your right to apply for it again as you live in Canada now.

I am assuming that you got your PR years ago before you were married and before your children were born? If yes, then there is no problem sponsoring your whole family now. You don't have to worry at all about saying they were in Canada out of status. It is not a crime and will not stop them getting PR.

 

[zoezozo]

Hi Leon,

Oh my God I could just kiss you right now. I have been living in fear for so long. So, if I leave with my son to get his passport in April, will I have difficulty entering with him on the way back? I will get the paperwork done before we leave if this is the best way. Otherwise I was going to do all the paperwork when we go, with my husband (his english is not great) and then send it off when we come back. How would you suggest is the best way?

Thankyou so so much I am so relieved.

 

[zoezozo]

zoezozo - sorry that I can't help you with many of your questions. But I can suggest that you should be able to apply for a health card no problem. You just got your new PR card so you now have a valid PR card. With that, some proof of address like a bank statement and some other photo ID with signature (driver's license or passport) you should have no trouble applying for a health card.

Thankyou! I am going to go and see what they say. Really, what can they say right? And my old address, it doesnt matter its out of the country? I will take a deep breath and go...