How To Reenter Canada with expired PR & outside born baby

[Faleh]

Hi All;
Really we want to go back to live in Canada permanently,
My wife and I, with 2 kids did the landing on April 2005, we lived there, but my wife unexpectedly delivered a baby girl outside of Canada in September 2009, I have applied for visa for new born baby from Toronto, but after many months they sent us a letter to be picked from embassy where the baby and her mother located, by that time me and my kids had PR cards renewed to 2016, (they were in school).
I left Canada to get my wife and daughter back, but unfortunately the embassy rejected the application and refused to provide my daughter entry visa, for not meeting RO, I’m not sure if they have reported for revoke, but after couple of months my wife’s PR was expired 2010.
Because I could not manage with two kids without their mother in Toronto, and could not leave my new born daughter, I decided to stay with them, now the boys (16 & 17 years old) insisting and would like to go back and live there.
All of us except the daughter have expired PR & HC, and I have SIN, what is the best possibilities to do to go back Canada permanently, please assist!, renew PR or apply for immigration form the scratch, or what to do?
Thank you
appreciate your response

 

[zardoz]

Hi All;
Really we want to go back to live in Canada permanently,
My wife and I, with 2 kids did the landing on April 2005, we lived there, but my wife unexpectedly delivered a baby girl outside of Canada in September 2009, I have applied for visa for new born baby from Toronto, but after many months they sent us a letter to be picked from embassy where the baby and her mother located, by that time me and my kids had PR cards renewed to 2016, (they were in school).
I left Canada to get my wife and daughter back, but unfortunately the embassy rejected the application and refused to provide my daughter entry visa, for not meeting RO, I’m not sure if they have reported for revoke, but after couple of months my wife’s PR was expired 2010.
Because I could not manage with two kids without their mother in Toronto, and could not leave my new born daughter, I decided to stay with them, now the boys (16 & 17 years old) insisting and would like to go back and live there.
All of us except the daughter have expired PR & HC, and I have SIN, what is the best possibilities to do to go back Canada permanently, please assist!, renew PR or apply for immigration form the scratch, or what to do?
Thank you
appreciate your response

To be honest, your situation doesn't look good. The two boys stand a chance of getting a PRTD on H&C grounds when they become 18 and want to come to Canada on their own. They were removed from Canada as minors and this is often looked upon with sympathy.

You and your wife however are a different matter. The birth of your daughter outside Canada will, I suspect, be seen by IRCC as a choice rather than being really "unexpected". You basically have three options as I see it.

1) Apply for a Permanent Resident Travel Document and expect for it to be refused and revocation of your PR status to commence. You *might* get lucky...

2) All except your daughter try to enter Canada via the USA land border and hope you don't get reported. If you do get through, wait for 2 years until you meet the residency obligation requirements again, reapply for a new PR card and then sponsor your daughter from inside Canada. The daughter may be separated from you for up to 3 years.

3) Just you try to go to Canada under option 2, and if you get in unreported, stay for the 2 years to reset the RO and renew your PR card. Then your wife can renounce her PR status or apply for a PRTD. Probably these will both end up with her as ex-PR anyway. Then you can sponsor both your wife and daughter. You may be separated from your family for up to 3 years.

You could go through the immigration process again from the beginning if you are still eligible of course...

Others may have better suggestions.

 

[Rob_TO]

To summarize you had a baby outside Canada, baby was not issued a TRV, and you made a personal choice not to return to Canada in order to submit a PR app for the baby.

If there were no specific medical conditions of your family (that could be documented by doctors, hospital, etc) that would have caused you to stay outside the country, I highly doubt a PR TD would be approved for either you or your wife and instead it would start process to revoke your PRs. Of course only the opinion of visa officer processing the PR TD will matter.

As mentioned, due to your kids ages they should have more luck with PR TD and could most likely get them approved and move back to Canada.

 

[Faleh]

Hi,
Thank you for your reply;
When I was in Canada with my boys, I did what my Lawyer asked me to do, filled a form for TRV and sent, after 4 months they sent a letter that the Documents should be collected from Canadian embassy, and I sent my wife to collect the document or visa for the baby from the embassy, after going through all of her doc. They rejected to provide Travel doc./or visa, about PR app form, I have been told that I should start this process once the baby enter into Canada with mother.
If I apply for Immigration form the scratch, won’t be given priority still, and do I have to mention that I had two PR cards and property and bank account?
Thanks, in advance for your response

 

[zardoz]

Hi,
Thank you for your reply;
When I was in Canada with my boys, I did what my Lawyer asked me to do, filled a form for TRV and sent, after 4 months they sent a letter that the Documents should be collected from Canadian embassy, and I sent my wife to collect the document or visa for the baby from the embassy, after going through all of her doc. They rejected to provide Travel doc./or visa, about PR app form, I have been told that I should start this process once the baby enter into Canada with mother.
If I apply for Immigration form the scratch, won’t be given priority still, and do I have to mention that I had two PR cards and property and bank account?
Thanks, in advance for your response

If you apply for immigration again from the beginning, the fact that you were a PR, have property or bank account, will make no difference to the reapplication process or timing. You will have no advantage over any other eligible applicant.

 

[Rob_TO]

Hi,
Thank you for your reply;
When I was in Canada with my boys, I did what my Lawyer asked me to do, filled a form for TRV and sent, after 4 months they sent a letter that the Documents should be collected from Canadian embassy, and I sent my wife to collect the document or visa for the baby from the embassy, after going through all of her doc. They rejected to provide Travel doc./or visa, about PR app form, I have been told that I should start this process once the baby enter into Canada with mother.

Since you don't meet the RO, you don't qualify to sponsor your baby. Even if you returned to Canada through the US land border without being reported, you would need to then stay 2 straight years in Canada without leaving before you are back in compliance with RO and could then sponsor as well as renew your PR card. During these 2 years, you'd be separated from your family.

If I apply for Immigration form the scratch, won’t be given priority still, and do I have to mention that I had two PR cards and property and bank account?

You would all need to voluntarily renounce your PR status first, and only after your PR status is officially gone can you apply for PR again from scratch. This assumes you would qualify for one of the current immigration streams to be selected for immigration.

As mentioned, your past PR status and anything owned in Canada, would be completely irrelevant to a new app.

 

[bmanialawi]

Hi Rob_TO

I am in a similar position, could you explain why I need to renounce my PR status first before applying for immigration? I am worried since I already applied without revoking my PR, knowing that I never fulfilled the RO, so I can't renew it.

What would you advise at this point? Do I withdraw my application until I renounce, or can I do it later if I'm selected?

Thanks

 

[torontosm]

Hi Rob_TO

I am in a similar position, could you explain why I need to renounce my PR status first before applying for immigration? I am worried since I already applied without revoking my PR, knowing that I never fulfilled the RO, so I can't renew it.

What would you advise at this point? Do I withdraw my application until I renounce, or can I do it later if I'm selected?

Thanks

Your original PR is still valid, so you can't receive another PR on top of that. as a result, you have to renounce the first one to be eligible to apply the second time around.

 

[Rob_TO]

Hi Rob_TO

I am in a similar position, could you explain why I need to renounce my PR status first before applying for immigration? I am worried since I already applied without revoking my PR, knowing that I never fulfilled the RO, so I can't renew it.

What would you advise at this point? Do I withdraw my application until I renounce, or can I do it later if I'm selected?

Thanks

You won't be selected for anything. Once they learn you're already a PR, they will simply cancel your new PR on the spot and send everything back to you stating you're already a PR so don't qualify for anything.

You can try to renounce your current PR status immediately, and hope that by the time they get around to your new PR app your current PR status will already be officially gone. No idea if the timing would work here though since don't have any info on your current app submitted.

Or you can withdraw your app, renounce your PR, and re-submit.