Few scenarios on RO, Help needed!!

[GRV]

Thx Msafiri,
Yes i will get that done (Med Insurance).

Now, the thing is, as the news of us travelling to Canada spread among our relatives one of them who works at a tax-lawyer firm (though they hv fought immig.cases as well) in Canada scared the Sh** out me. She said she had seen one case wherein a parent of one her client ws not allowed to even BOARD the flight ??? as she had stayed more than 3 years outside Canada & cannot meet the RO, but then she said probably ur case might be different as u were granted a TRV for u kid, but again more than 4 years outside is tricky.

The addition to my worry is, is it really possible that they wont even allow to board the flight? if that happens, I'm doomed.
Are there any cases in this forum or in ur knowledge where this thing happened?

Also, how/what to answer IO when he asks for how long have u been outside canada?

Guys, any tips would be great, I'm really worried after this.

 

[canuck_in_uk]

Your relative has no idea what she is talking about. You have a valid PR card, so the airline will not refuse to board you. The fact that you don't meet the RO means NOTHING to the airline, nor are you even required to tell them anything about it. This person your relative spoke would not have been refused boarding for that reason.

When you get to CBSA, be honest.

 

[GRV]

Hi Canuck, Thx for the reply. Yes as it turned out the case was totally different from ours.
Anyways, I have another question on Health card, thought to post it here in continuation with the RO case.
My OHIP health card is valid till year 2018 but my wife's got expired in 2014 and also we didnt meet the 153 days thing as per their policy.

So my query is, considering my RO case:
1. Can I use my health card as its not expired yet or do i need to inform Service ontario that I have been away from Ontario for very long time?
1a.Will this hamper my PR RO case (say if not reported at airport), will this bring forward the fact that we stayed for more than 3yrs outside canada?

2. In my Wife's case, as her health card is expired? So how do i go about renewing it? Do i need to tell them that we stayed away from Ontario?

3. For my Kid, as he's on Visitor visa we need to buy a medical insurance from our home country itself, right?

Pls advise guys.

Thx a lot
GRV

 

[canuck_in_uk]

1. Can I use my health card as its not expired yet or do i need to inform Service ontario that I have been away from Ontario for very long time?
1a.Will this hamper my PR RO case (say if not reported at airport), will this bring forward the fact that we stayed for more than 3yrs outside canada?

2. In my Wife's case, as her health card is expired? So how do i go about renewing it? Do i need to tell them that we stayed away from Ontario?

3. For my Kid, as he's on Visitor visa we need to buy a medical insurance from our home country itself, right?

1. No, you cannot use your health card when you arrive. You need to tell them that you have been out of the province for years. You were supposed to inform OHIP when you left the province. If you don't tell them and just start using the health card, you will be committing fraud. You are subject to the 3 month waiting period before you are eligible for coverage again.

1a. No.

2. She also needs to inform OHIP that she left the province and is also subject to the 3 month waiting period.

3. Yes, your child will need outside medical insurance.

 

[farid-]

my whole case is on forum n all those seniors said is 100 percent accurate it's up to u if u want to believe it or not. Just so you know I was not reported at the airport but I m talking about few yrs back when cbsa wasn't using their powers that aggressively I guess. But I got reported while sponsoring my 2 and half yrs old son believe it or not tried 1 yr before coming to Canada did all search but at the end of the day had to made the toughest decision of my life to leave my child n sponsor within Canada no intention to scare you but trying to say prepare urself n ur spouse as well if God forbid end up in not getting trv. it's ur decision at the end I m happy with mine although it was near to impossible but end of the day I know it's right for my child's future. If u come n lucky enough to not get reported don't even think to sponsor ur child till one of u get ur pr status clear means have to stay 2 yrs in Canada can't leave once pr expires...Best if luck..

 

[GRV]

Hi Farid,
Thanks for ur reply, Its good to know that things worked out at your end. I am slightly confused by your remarks.
1. Are you trying to say that I should not bring my child along with me? as I have mentioned earlier that TRV has been granted so now I can bring my kid, right.
2. Is it that If I bring my kid & while at the PoE getting his passport stamped the chances of getting reported becomes high ??
3. One thing I got form ur statement below is, I should not be applying for my kid's PR unless we get our PR's renewed. and we should only think of extending the TRV once the 1 year period get expired? correct.

Hope you or others who got the gist of Farid's reply can answer my above queries.

Thx,
GRV

 

[GRV]

HI Guys,

Well as the time is coming nearer so getting kind of anxious as to how things would take place at airport with the questioning and all.

So thought to once again seek your advise/guidance/crosscheck as to how to answer questions like:

1. Why were you outside Canada for more than 4 years? (i know the basics on what to say like my father was ill, so have to take care of him BUT what exact things to say or words to use so that it emphasizes more on that fact)

2. Why are you coming back now? etc. etc.

I know there's nothing new that can be of help here but still if any point to note on the same (last minute planning n all) would be great.

Once again thanks a lot for the support guys, really appreciate that.

Will wait for ur reply.

 

[Lammawitch]

HI Guys,

Well as the time is coming nearer so getting kind of anxious as to how things would take place at airport with the questioning and all.

So thought to once again seek your advise/guidance/crosscheck as to how to answer questions like:

1. Why were you outside Canada for more than 4 years? (i know the basics on what to say like my father was ill, so have to take care of him BUT what exact things to say or words to use so that it emphasizes more on that fact)
Its unlikely you'll be asked this exact question. If you are asked about why you don't meet the residency obligation, tell the truth. If it's because your father was ill & needed care, be prepared to back this up with documentary proof.

Be prepared also to be admitted but reported for not meeting the RO, even with documentary proof that you were the only person available & able to care for your sick father.

2. Why are you coming back now? etc. etc.
Tell the truth. I imagine that that would be on the lines of you always intended to settle in Canada for good, & it was only your father's illness & need for care that prevented you from doing so.

Be prepared to be admitted but also reported for not meeting the RO

I know there's nothing new that can be of help here but still if any point to note on the same (last minute planning n all) would be great.

Once again thanks a lot for the support guys, really appreciate that.

Will wait for ur reply.

 

[GRV]

Hey Lammawitch thx for the reply,Was thinking that proactively showing documentary proof would mean that I've come prepared with all the planning & all, So only if they ask for any documents then only it shd be shown.
Anyways, lets hope for the best & leave on God to do the rest.

Thx,
GRV

 

[Lammawitch]

Hey Lammawitch thx for the reply,Was thinking that proactively showing documentary proof would mean that I've come prepared with all the planning & all, So only if they ask for any documents then only it shd be shown.
Anyways, lets hope for the best & leave on God to do the rest.

Thx,
GRV

[/quote
Answer the question(s) you are asked, exactly as asked. Do not show documentary proof of anything until you are asked for it!! Do not anticipate/pre-empt the answers to questions you *might* be asked.

 

[GRV]

Hi Guys, Attn. Required - Leon, PMM, Msafiri, canuck and others..
I reached Canada today and was questioned on the residency part, as mentioned i told them due to my fathers illness couldnt make a move back and now plan to settle here, she didnt look convinced and asked me to wait but later she called up and told me to apply for sponsorship of my kid, she granted her the visa till June 2016(which is the expiry date of our PR cards) and also specified that she had made a note in the system that she should be given PR when sponsored. So don't know what to do next.
Pls need your expert advise.

 

[Msafiri]

Hi Guys, Attn. Required - Leon, PMM, Msafiri, canuck and others..
I reached Canada today and was questioned on the residency part, as mentioned i told them due to my fathers illness couldnt make a move back and now plan to settle here, she didnt look convinced and asked me to wait but later she called up and told me to apply for sponsorship of my kid, she granted her the visa till June 2016(which is the expiry date of our PR cards) and also specified that she had made a note in the system that she should be given PR when sponsored. So don't know what to do next.
Pls need your expert advise.

1. Congratulations you have successfully re-entered Canada which was not in doubt as a PR but without report which was an uncertainty. Seems the CBSA agent wanted to dig into your declared absences but her senior and likely the Minister's Delegate (who issues the report) decided not to take this further. This shows the benefit of CBSA assessing your absence when you show up at the border as opposed to the visa post when applying for a PRTD.

2. Though you got a pass on the RO breach on H&C grounds its best to wait till you are back in RO compliance before commencing sponsorship or submitting a PR Card renewal application or for that matter leaving Canada. The next CBSA agent may not be as forgiving!! Until you are able to sponsor him you need to extend your son's temporary status before it expires so that he does not fall out of status. You are best to do this 30 days prior to the date his current status to June 2016 expires.

3. You should renew your DL and Provincial Health Coverage plus any other bureaucratic type process e.g SIN reactivation, bank account opening, job search etc while you still have a valid PR Card.

You are a very lucky man don't gamble your good fortune!

 

[GRV]

Hi Msafiri,
Thx for ur reply. I understand that I got a pass (really thankful to God & your all support) but didn't understand the IO's statements:
1. You guys(my wife &I) should get your PR renewed. (I was perplexed as to how can we do that, though didn't ask anything further to avoid any more questionings).

2. IO said "As of now i am granting your kid visa status till ur guys' PR card expiry date & u must sponsor ur kid before the expiry else he needs to go back" she attached a paper tp his ppt which states the same and last line written was "Must leave Canada by xxJune 2016"

I am kind of really confused as to what should be our next steps. My wife seems to be pretty convinced that we shd apply for our PR renewal as well but how can we when we don't have lived 2years in Canada, is it coz of H&C grounds that IO must have based her point that we shd apply for our renewal. ??
Also, most of us know the case of Farid what happened to her situation when she applied to sponsor her son. I know 2 cases cannot be same as they are based on different backgrounds but still the gist remains the same. It's very confusing.

Can u guys pls dig deep & see if there's more to what IO specified???

Pls pls advise.

 

[Msafiri]

1. Sure you can take your chances for early PR Card renewal based on the CBSA agent's comments but unless I had a copy (and at that certified) of her actual GCMS/FOSS notes on file to back up her comments and include this in the PR Card renewal application I would wait for 730 days. What happens if you apply for PR Card renewal early and there are complications - will you tell CIC but wait a minute officer so and so said so and so to me? Its your call. I expect her comments to be whited out on the GCMS notes if there are any 'intelligence/concern' type notes with a look out. Remember she did not buy your story but got overruled.

2. You can extend your son's temporary status in Canada prior to its expiry date. Lots of PRs in your shoes do this. CIC routinely grant such extensions. They know the minor child is dependent on their parents and it makes sense to continue their residence in Canada pending a sponsorship...the extension makes plain sense so it won't be denied. Pending the extension approval the child has implied status so they are in compliance with the IRPA. You can only sponsor if there are no issues with your PR read no RO concerns...that's what the law says. Remember border agents don't have to be truthful, give you any advise or be your friend but they must follow the law. I would go with the IRPA and regs any time over any friendly advise/ suggestion from CBSA/CIC especially that is on the face of it contrary since if there are any issues its these laws that count.

3. Does your confusion come from your intentions? Is staying in Canada till you are back in RO compliance an issue? Are you in a rush to sponsor your son?

 

[meyakanor]

Hi GRV,

As Msafiri said, please do NOT gamble your good fortune. There is no confusion here. It is very simple and straightforward: you are in a breach of residency requirements, but you did not get reported. CBSA agents can say anything, but it is the CIC who will have the final say. If you either apply for PR card renewal, child sponsorship, or anything that would require your RO to be scrutinized, it is almost certain that you will face complications.

You are lucky that they did not report you for not meeting residency requirements, so again, despite what CBSA agents have told you, let me (as others here have also advised you them) make it extremely simple for you (if you still value your PR status that is):
1. Stay in Canada for the next two years without leaving at all (until maybe November/December 2017)
2. Do NOT apply for PR renewal until you have acquired more than 731 days (again, sometimes in Nov/Dec 2017)
3. Do NOT apply for child sponsorship until then as well (Nov/Dec 2017)
4. As Msafiri and others have suggested, it is your responsibility to make sure that your child never goes out of status, so keep extending your child's temporary status when necessary