Entering Canada without having meet the RO (Short by 9 months)

[Ysiraj32]

@armoured @canuck78 @scylla

Hello Everyone,

Reaching out for some guidance and advise based on your experience and knowledge so far.

Me and my wife received our PR status in Jan 2020. Our cards are valid until Jan 2025. We did our soft landing for 6-7 days after which we have not returned back as the pandemic came in shortly after that and were in a situation causing delays back and forth. I have got a job now with a Canadian employer and arriving early next month.

Could you guys please advise if I would be further questioned by the airport authority upon landing? Once I land, I will require to immediately file my daughter's dependent PR and dual intent so they can reunite with me upon application processing.

Look forward to hearing from you.

 

[scylla]

@armoured @canuck78 @scylla

Hello Everyone,

Reaching out for some guidance and advise based on your experience and knowledge so far.

Me and my wife received our PR status in Jan 2020. Our cards are valid until Jan 2025. We did our soft landing for 6-7 days after which we have not returned back as the pandemic came in shortly after that and were in a situation causing delays back and forth. I have got a job now with a Canadian employer and arriving early next month.

Could you guys please advise if I would be further questioned by the airport authority upon landing? Once I land, I will require to immediately file my daughter's dependent PR and dual intent so they can reunite with me upon application processing.

Look forward to hearing from you.

It's always possible there may be some questions. None of us can predict that.

Note that you will be out of compliance with the residency obligation when you arrive by a number of months. This means that you will need to hold off submitting the PR application for your daughter until you have lived in Canada for two years and meet RO.

 

[Besram]

@armoured @canuck78 @scylla

Hello Everyone,

Reaching out for some guidance and advise based on your experience and knowledge so far.

Me and my wife received our PR status in Jan 2020. Our cards are valid until Jan 2025. We did our soft landing for 6-7 days after which we have not returned back as the pandemic came in shortly after that and were in a situation causing delays back and forth. I have got a job now with a Canadian employer and arriving early next month.

Could you guys please advise if I would be further questioned by the airport authority upon landing? Once I land, I will require to immediately file my daughter's dependent PR and dual intent so they can reunite with me upon application processing.

Look forward to hearing from you.

As mentioned by Scylla, sponsoring your daughter will likely trigger an investigation into your compliance with the residency obligation, which you will want to avoid in your situation.

There is definitely the possibility of being questioned at the airport, and you face the risk of being reported for not complying with the residency obligation. Make sure you bring documentation that explains your reasons for your non-compliance, as well anything else in your favour (i.e. job offer). Impossible to say how it will go if you are questioned. Depends to a large degree on your reasons for not coming to Canada sooner. Employment in a different country is rarely considered to fall under humanitarian and compassionate reasons, but every individual case is different.

 

[Canada2020eh]

@armoured @canuck78 @scylla

Hello Everyone,

Reaching out for some guidance and advise based on your experience and knowledge so far.

Me and my wife received our PR status in Jan 2020. Our cards are valid until Jan 2025. We did our soft landing for 6-7 days after which we have not returned back as the pandemic came in shortly after that and were in a situation causing delays back and forth. I have got a job now with a Canadian employer and arriving early next month.

Could you guys please advise if I would be further questioned by the airport authority upon landing? Once I land, I will require to immediately file my daughter's dependent PR and dual intent so they can reunite with me upon application processing.

Look forward to hearing from you.

Yes you should expect further questioning. In addition to the other comments mentioned above you should consider that Covid restrictions for travel have not been in place for quite some time, so trying to use that as an excuse for not returning probably won't be considered as a valid reason.

 

[armoured]

Yes you should expect further questioning. In addition to the other comments mentioned above you should consider that Covid restrictions for travel have not been in place for quite some time, so trying to use that as an excuse for not returning probably won't be considered as a valid reason.

I'm going to get more precise: covid may not be considered a sufficient reason all on its own. But there is no evidence that it is not considered a valid reason, in the sense of one that will be taken into consideration. It will - indeed must.

Be sure to mention covid (if relevant). But mention any other reasons that may have played a factor as well. And understand that they will basically be weighed - considered against - the nature of the non-compliance.

 

[Ysiraj32]

Dear All,

Thank you all for your responses. I arrived YYZ and simply walked out without anything. Furthermore, my immigration consultant has already applied for my daughter’s dependent PR and dual intent visa and they are expected to join me within a month.

As far as a PR holder is in Canada and has a valid PR, he/she can sponsor his dependents.

 

[armoured]

As far as a PR holder is in Canada and has a valid PR, he/she can sponsor his dependents.

There are some who claim there is no issue, while others point to potential complications as someone out of compliance with residency obligation can be investigated for that - even when in Canada - and declared inadmissible.

So let us know how it works out.

 

[dpenabill]

As far as a PR holder is in Canada and has a valid PR, he/she can sponsor his dependents.

The loaded premise is that the PR "has a valid PR." A PR who is not in compliance with the Residency Obligation, in contrast, is inadmissible.

The first phase of a sponsored family PR visa application is verifying the eligibility of the sponsor. This includes verifying the sponsor has valid PR status. An inadmissible PR is not eligible to sponsor a family member's PR visa application.

However, the anecdotal reporting about how this goes, supported by some officially reported actual cases, shows it can vary. Similar to the discretion that a Port-of-Entry official can exercise, and similar to the discretion IRCC officials processing PR card applications can exercise, SOME PRs in breach of the RO are subject to inadmissibility proceedings, while some others are not.

That is, a PR who is not in compliance with the Residency Obligation RISKS triggering inadmissibility proceedings if they make a sponsorship application before they have stayed in Canada long enough to be in compliance. What will happen, how it will go for any particular PR who is not in compliance with the PR RO as of when they make an application to sponsor a family member, however, is difficult to predict. It can go either way.

The influence of some factors, however, is relatively predictable. The difference between a small breach and a big breach, for example, most likely maps to the difference between a smaller risk and a bigger risk. The extent to which it is apparent the PR is in Canada to stay probably makes a difference.

The only FOR-SURE safe approach is to not make the application to sponsor a family member UNLESS the PR is currently in RO compliance AND, of course, currently settled and living and present in Canada.

 

[Eusufzai]

Dear All,

Thank you all for your responses. I arrived YYZ and simply walked out without anything. Furthermore, my immigration consultant has already applied for my daughter’s dependent PR and dual intent visa and they are expected to join me within a month.

As far as a PR holder is in Canada and has a valid PR, he/she can sponsor his dependents.

Hi Ysiraj32,

Glad to know you have safely reached in Canada without any issue. Would you mind to let us your experience at YYZ as you were 9 months short of RO. Did you use Kiosk at YYZ. Did immigration officer ask you anything or you were not required to face immigration officer. May I know which country you are form? Did you alone entered in Canada or accompanied by your family.

Your kind sharing of experience will help me a lot as I am also in similar situation.

Thanks and regards,

Eusufzai

 

[canuck78]

Hi Ysiraj32,

Glad to know you have safely reached in Canada without any issue. Would you mind to let us your experience at YYZ as you were 9 months short of RO. Did you use Kiosk at YYZ. Did immigration officer ask you anything or you were not required to face immigration officer. May I know which country you are form? Did you alone entered in Canada or accompanied by your family.

Your kind sharing of experience will help me a lot as I am also in similar situation.

Thanks and regards,

Eusufzai

Other than the length of time of non-conpliance whether you get reported or not at a border primarily comes down to luck. Arriving as close as possible is the only major thing that you have control of that will increase your chances of not getting reported. There is no technique that will lessen your chances of getting reported.

 

[canuck78]

Dear All,

Thank you all for your responses. I arrived YYZ and simply walked out without anything. Furthermore, my immigration consultant has already applied for my daughter’s dependent PR and dual intent visa and they are expected to join me within a month.

As far as a PR holder is in Canada and has a valid PR, he/she can sponsor his dependents.

First hurdle is getting a TRV. Would not book any flight before knowing that the child has secured a TRV. Also timeframes posted are only estimated averages and often incorrect so processing can take a few weeks to a few months for a TRV. Given that your child is not a true visitor some have run into problems securing a TRV. If denied a TRV you can attempt applying for a TRP. As already stated applying to sponsor a dependent when not compliant with RO is not recommended mainly because it highlights to IRCC that you aren’t compliant with your own RO putting both your statuses at risk but if you applied as soon as you arrived in Canada it’s too late and has already been done. As you have already seen there is a lot of inconsistency when it comes to enforcing ROs. If you ever get a warning that does raise the likelihood of being reported if you try to leave and reenter Canada when not compliant with your RO.