I am a PR living outside of Canada mostly. Need options to sponsor my wife and child

[papgust]

Hello guys. Thanks a lot for the replies.

Buletruck - this is exactly i wanted to know. As long as I am NOT deported back to India, I am relieved to know that I am allowed to enter and maybe stay there till my PR status is revoked. I understand that my PR may not likely renew after 2 years. But I am willing to accept this and return back later. But I would like to migrate there and work atleast for 6 months at the moment.

 

[canuck_in_uk]

Hello guys. Thanks a lot for the replies.

Buletruck - this is exactly i wanted to know. As long as I am NOT deported back to India, I am relieved to know that I am allowed to enter and maybe stay there till my PR status is revoked. I understand that my PR may not likely renew after 2 years. But I am willing to accept this and return back later. But I would like to migrate there and work atleast for 6 months at the moment.

If reported on entry, you have 30 days to appeal or your PR status will be revoked. You will not be able to work after that. As you have no H&C grounds, even if you do appeal, it will likely be refused quickly.

 

[papgust]

@canuck,

Are you saying that I won't be allowed to be there even till my PR card expiry? If I am reported and my appeal fails, I need to go back to my country within 30-60 days of entry? Note that when i enter the country, i would still have 1.5 years to PR card expiry.

Could someone else also back his comment please, if true? This is very critical to my decision of taking up this work assignment.

 

[canuck_in_uk]

@canuck,

Are you saying that I won't be allowed to be there even till my PR card expiry? If I am reported and my appeal fails, I need to go back to my country within 30-60 days of entry? Note that when i enter the country, i would still have 1.5 years to PR card expiry.

Could someone else also back his comment please, if true? This is very critical to my decision of taking up this work assignment.

If you are reported, you can expect your status to be revoked. At that point you will not be able to work and will be told to leave Canada.

 

[papgust]

okay, but my question is will the status be revoked immediately (like 30-60 days after entering the country) or will that wait until or just before PR card expiry?

 

[canuck78]

okay, but my question is will the status be revoked immediately (like 30-60 days after entering the country) or will that wait until or just before PR card expiry?

PR card expiry date is irrelevant. If you get reported you can lodged ab appeal and when I is refused you have 30 days to leave. You recurrently not meeting your RO so the process to revoke your PR can start right away if you get reported and lose your appeal.

 

[papgust]

Hello canuck,

I've been searching in cic websites for any mention of the point you're saying. If there's any official word on it, then it will be easy to convey to my workplace and make a decision. Do you have any reference to the cic website highlighting this point?

 

[canuck78]

Hello canuck,

I've been searching in cic websites for any mention of the point you're saying. If there's any official word on it, then it will be easy to convey to my workplace and make a decision. Do you have any reference to the cic website highlighting this point?

What point?

 

[papgust]

That the immigrant can be reported while entering the airport. In the cic website, all they say is you need a valid PR card or temporary travel document to enter Canada.

Also I read somewhere in the website that canadian immigration office outside of Canada will automatically notify PR Card holders if they find that the card holder no longer meets RO. So far I have not received any such notification.

 

[canuck78]

That the immigrant can be reported while entering the airport. In the cic website, all they say is you need a valid PR card or temporary travel document to enter Canada.

Also I read somewhere in the website that canadian immigration office outside of Canada will automatically notify PR Card holders if they find that the card holder no longer meets RO. So far I have not received any such notification.

There is no automatic notification that you have not met RO. Sure that there are tons of publications that say you must be compliant with your RO or you risk being reported and losing your PR status. That is a fundamental component of the PR program. You will have the right to enter but you may enter with a notice that you have been reported for not being in compliance with your RO and a date before you have to appeal if you have an H&C reason (like serious illness of family member without other family member to help with high medical needs like cancer).

 

[Buletruck]

If you are reported at the POE for not meeting RO, you would either need to leave in the 30 days or file an appeal. If reported, they will provide you the information necessary to appeal the finding. You’ll need to submit the appeal within 30 days. You don’t necessarily need a lawyer to file the appeal, but you certainly need to provide reason for an exemption.
Theoretically, if your contract in Canada is only 6 months, you could enter, file the appeal and work while you wait for the result. I’d expect a decision on your appeal to take a minimum of 6 months after you apply. If you finish your contract before the decision, you could simply withdraw the appeal or abandon it. Not entirely the most honest way to manage your contact in Canada, but completely legal.

 

[papgust]

Thanks canuck, buletruck. Your inputs are immensely helpful.

I guess now I will have to convey the risk factor involved to my employer and let him take a decision whether to send me to work or find someone else to replace me.

 

[Buletruck]

IMO, there really isn’t any risk assuming you are looking at a 6 month contract. As a PR you have the right to enter and the right to appeal a decision to revoke your PR, whether you have valid reasons for failing to meet RO or not. There are no qualifying requirements, other than to be a PR. You also have the right to withdraw or abandon it. Like I said, not entirely honest, but in your case it’s a loophole that could be exploited for your specific purpose. Nothing risky or illegal about it......just the way the system is set up.

 

[canuck78]

If you are reported at the POE for not meeting RO, you would either need to leave in the 30 days or file an appeal. If reported, they will provide you the information necessary to appeal the finding. You’ll need to submit the appeal within 30 days. You don’t necessarily need a lawyer to file the appeal, but you certainly need to provide reason for an exemption.
Theoretically, if your contract in Canada is only 6 months, you could enter, file the appeal and work while you wait for the result. I’d expect a decision on your appeal to take a minimum of 6 months after you apply. If you finish your contract before the decision, you could simply withdraw the appeal or abandon it. Not entirely the most honest way to manage your contact in Canada, but completely legal.

Not sure if it will take 6+ months. They could reject applicants wither basis right quickly. You never know when it comes to these things.

 

[Buletruck]

Possible, but unlikely given the backlogs these days. With the 60 day appeal period and an H&C claim, I really wouldn’t expect a review of the claim in the 6 months from entry. Although I wouldn’t give it much longer than that without solid proof.

Edit: my mistake, 60 days, plus 120 days (maximum) for the appeal notice, IRCC would be hard pressed to get through the whole process much quicker than 6 months.

https://irb-cisr.gc.ca/en/filing-immigration-appeal/Pages/immapp-d1.aspx