immigration help- need to bring my son and wife from India- urgent

[Stancheck]

Hey friends,
My wife and myself received PR in Nov 2009, but returned in 2 weeks after entering Canada. Engaged with family problems taking care of elderly parents.Then in September 2010 my wife was blessed with a baby, here we decided to stay longer rather than going to a new country with an infant and without support of family.
Now in June 2014, I alone arrived in Toronto was asked by the officer upon entry at the airport, I gave the above reason.
I have a steady job with a big company. Trying to apply for Temporary resident permit (TRP) for my son in India.
Is this the right approach? As my wife has PA card only till Nov 2014, she has to return soon. Son cannot stay without mother.
Will I receive a notice for my RO not fulfilled.
We can focus to stay as a family in Canada. Are things workable for us in future with immigration part.

Thank you in advance, for some valuable inputs from expert members

 

[zardoz]

Hey friends,
My wife and myself received PR in Nov 2009, but returned in 2 weeks after entering Canada. Engaged with family problems taking care of elderly parents.Then in September 2010 my wife was blessed with a baby, here we decided to stay longer rather than going to a new country with an infant and without support of family.
Now in June 2014, I alone arrived in Toronto was asked by the officer upon entry at the airport, I gave the above reason.
I have a steady job with a big company. Trying to apply for Temporary resident permit (TRP) for my son in India.
Is this the right approach? As my wife has PA card only till Nov 2014, she has to return soon. Son cannot stay without mother.
Will I receive a notice for my RO not fulfilled.
We can focus to stay as a family in Canada. Are things workable for us in future with immigration part.

Thank you in advance, for some valuable inputs from expert members

If either of you don't currently meet the residency obligation requirements, you are asking for trouble if you bring yourself to the attention of CIC by applying for sponsorship for your child. Even requesting a TRV or TRP might have undesirable consequences. Caveat Emptor.

 

[keesio]

The CBSA officer at Pearson gave you a big break and let you in despite you not meeting your RO. CIC is usually not as nice. If you apply for sponsorship or TRV, they will review your RO and as I mentioned, they are more strict that CBSA. They may move to revoke your PR. You can appeal on H&C (taking care of sick parents can be an acceptable reason) but that can take a long time.

 

[HHH2000]

Hey friends,
My wife and myself received PR in Nov 2009, but returned in 2 weeks after entering Canada. Engaged with family problems taking care of elderly parents.Then in September 2010 my wife was blessed with a baby, here we decided to stay longer rather than going to a new country with an infant and without support of family.
Now in June 2014, I alone arrived in Toronto was asked by the officer upon entry at the airport, I gave the above reason.
I have a steady job with a big company. Trying to apply for Temporary resident permit (TRP) for my son in India.
Is this the right approach? As my wife has PA card only till Nov 2014, she has to return soon. Son cannot stay without mother.
Will I receive a notice for my RO not fulfilled.
We can focus to stay as a family in Canada. Are things workable for us in future with immigration part.

Thank you in advance, for some valuable inputs from expert members

I don't know what you are going to do, but you don't have option to bring your wife and son to Canada. The only safest way out (I can think) is you let your wife to stay with you son for 2 years and then apply for sponsoring both of them. A difficult decision, I can imagine.

Once you sponsor your PR status come in lime light and instead of getting Visa for son your own case for PR revocation would start.

 

[Leon]

Hey friends,
My wife and myself received PR in Nov 2009, but returned in 2 weeks after entering Canada. Engaged with family problems taking care of elderly parents.Then in September 2010 my wife was blessed with a baby, here we decided to stay longer rather than going to a new country with an infant and without support of family.

The bolded above is where you went wrong. Did you know when you got your PR that there is a residency obligation? Because of that, you must stay in Canada at least 730 days (2 years) in any 5 year period or you forfeit your PR. You should have returned to Canada no later than Nov. 2012 in order to meet the RO and then you would not have had a problem.

In your situation right now, you were lucky that an immigration officer turned a blind eye and let you enter without reporting you. However, if you apply to sponsor your child without meeting the RO, immigration will officially become aware that you do not meet the RO yourself and you risk losing your PR.

You have 3 options right now.

If you wish to keep your PR with no risk, you should stay in Canada for 2 years straight without leaving and without applying for anything at all. At the end of the two years, you meet the RO again and can apply to renew your PR card and sponsor your wife and child.

If you wish to risk your PR, apply for a TRP for your child and apply to sponsor your child and see what happens. A likely outcome is that you will be called in for an interview where they will ask you to explain why you don't meet the RO and why they should allow you to sponsor your child as you don't meet the RO. If you were nursing your sick parents and can prove it, they may accept that you had a good reason and let you keep your PR. However, it may take a long time to process your appeals so you may in the end not be better off than with the first option above.

Third option, forget your PR and go back home where you have been living happily enough since you landed as a PR 5 years ago.

 

[Stancheck]

Hey Friends,

Thank you so much for your prompt response and being so real and helpful in explaining the consequences.
World today, I understand the lies and ills that most people do to push one's cause, but do great socialist country treat all in the same boat. There can be some geniune cases with poor decision still floating around. (only I am eligible to take this blame regarding decision) Won't any help or concern window open from the authorities CBSA/CIC.

Coming to the point, Few more clarification:
VFS In. does not accept TRP applications, they direct to HCC.
My wife on PR is applying for TRP for my son from India and not me, I am only providing a inviatation/consent letter for baby to travel with a legal single parent( baby's mother). Still my PR will be screened and revoke action will take place??
As mentioned earlier by a member, if my PR is revoked should I leave country or I can appeal on H&C grounds, how long will the closure take. If I stay within the country during that time, same will be counted in for my RO?
The officer upon my entry at the airport has mentioned on my passport absent since 09. which means probably I am heading in that direction.

Once again, You guys have been truly amazing, hopefully if I stay on shall continue this knowledge-sharing/gaining to someone in need.
Until then continue the great work for humanity. Thanks again.

 

[zardoz]

Any days spent in Canada while under appeal are not counted, unless you win the appeal. The clock stops when you are reported.

 

[Leon]

VFS In. does not accept TRP applications, they direct to HCC.
My wife on PR is applying for TRP for my son from India and not me, I am only providing a inviatation/consent letter for baby to travel with a legal single parent( baby's mother). Still my PR will be screened and revoke action will take place??
As mentioned earlier by a member, if my PR is revoked should I leave country or I can appeal on H&C grounds, how long will the closure take. If I stay within the country during that time, same will be counted in for my RO?
The officer upon my entry at the airport has mentioned on my passport absent since 09. which means probably I am heading in that direction.

1. Your wife applying for a TRP for your son may possibly have questions about her own PR status and how long she has spent outside Canada. If she gets the TRP anyway, she has another risk as she enters Canada as they will ask her on entry how long she was outside. If she gets lucky like you and does not get reported, the last hurdle will be that the TRP for your son is not valid forever. At some point, you will try to renew it and they will be asking you why you haven't sponsored him already. Or you sponsor him and then have to face an examination on your PR. In this case, nobody can guarantee you anything on how it will play out. You can try and see what happens and take things as they come.

2. Your PR is not about to get revoked any time soon. If you were not reported on entry, nothing else will happen unless you apply for something such as sponsorship of your child. Appeals and hearings can take up to 1-2 years. If you do lose your PR, you will be asked to leave. You would have 30 days to leave or otherwise get deported. Time spent in Canada while under an appeal does not count towards the residency requirements unless you win so even if it takes 2 years for the appeal processing, it will not help you meet the RO if you lose the appeal.

 

[Stancheck]

Hey friends,

Thanks, I got an understanding for the following points:
1. I should stay for 730 days, after completion of this period then apply for renewal of my PR.
2. No. of days towards my RO are included only if the appeal is in my favor.

There was mention about this term in one of your threads Reporting at the airport What does it mean? Had a good conversation with the officer at the desk, but I have a remark- absent since 09 on the entry stamp. When do they initiate the reporting process. Some light on this please Leon and others.

 

[zardoz]

Hey friends,

Thanks, I got an understanding for the following points:
1. I should stay for 730 days, after completion of this period then apply for renewal of my PR.
2. No. of days towards my RO are included only if the appeal is in my favor.

There was mention about this term in one of your threads Reporting at the airport What does it mean? Had a good conversation with the officer at the desk, but I have a remark- absent since 09 on the entry stamp. When do they initiate the reporting process. Some light on this please Leon and others.

You would already know if you have been reported on entry. So, don't worry about that.
However, CIC has many opportunities to "examine" your residency status and each of these carries the further risk of being reported. Examples of this are, as have already been identified, on entry, renewal of your PR card and applying for CIC services, such as sponsorship or visa application... Keep your head down and don't "poke the sleeping bear".

 

[Leon]

Hey friends,

Thanks, I got an understanding for the following points:
1. I should stay for 730 days, after completion of this period then apply for renewal of my PR.
2. No. of days towards my RO are included only if the appeal is in my favor.

There was mention about this term in one of your threads Reporting at the airport What does it mean? Had a good conversation with the officer at the desk, but I have a remark- absent since 09 on the entry stamp. When do they initiate the reporting process. Some light on this please Leon and others.

If you had been reported, they would have given you some paperwork stating that you were reported and told you how you must appeal within 30 days if you want to fight it. I assume they didn't feel like reporting you this time but indicated on your entry stamp how long you have been outside in order to alert the next immigration officer who deals with you, say if you leave and re-enter, that you have already been issued a warning. It would then be very likely if you leave and re-enter again, thereby showing that you are still not ready to settle in Canada that you would get reported the next time.

If you stay under the radar for the next 2 years, don't apply for anything and stay in Canada, you shouldn't have a problem renewing your PR card after you have completed the 730 days. Make sure you take care of your drivers license and health card while your PR card is still valid. Otherwise you may have a problem with those as well.

 

[Stancheck]

Hey friends,

Finally, I stay put here and continue with my job. I hold the essential cards, a 5 year valid "G class" DL, OHIP, SIN, bank ac, CC here in Ontario.

If my current work requires me to go on training in US then I am sure its a complete NO. in the near term. I rather opt out of it. What say??

After my PR card expiry: ???

If I change my job and move to another province..
New jobs also do a background and criminal check..
If I think of enrolling into a college or university..
Will I face issues in the above??

Thanks ...

 

[HHH2000]

Hey friends,

Finally, I stay put here and continue with my job. I hold the essential cards, a 5 year valid "G class" DL, OHIP, SIN, bank ac, CC here in Ontario.

If my current work requires me to go on training in US then I am sure its a complete NO. in the near term. I rather opt out of it. What say??

After my PR card expiry: ???

If I change my job and move to another province..
New jobs also do a background and criminal check..
If I think of enrolling into a college or university..
Will I face issues in the above??

Thanks ...

I rather opt out of it. What say?? That would be your only Option otherwise you will lost both Job & PR.


Answer to all below is You may or may not:

If I change my job and move to another province..
New jobs also do a background and criminal check..
If I think of enrolling into a college or university..
Will I face issues in the above??

 

[Leon]

Hey friends,

Finally, I stay put here and continue with my job. I hold the essential cards, a 5 year valid "G class" DL, OHIP, SIN, bank ac, CC here in Ontario.

If my current work requires me to go on training in US then I am sure its a complete NO. in the near term. I rather opt out of it. What say??

After my PR card expiry: ???

If I change my job and move to another province..
New jobs also do a background and criminal check..
If I think of enrolling into a college or university..
Will I face issues in the above??

Thanks ...

If you care about your PR, you should not take the risk to leave Canada until you meet the RO again.

If you want to change your job and move to another province, I would suggest that you do it before your PR card expires because you may be asked for a valid PR card by the new employer, by the health care in your new province and while exchanging your drivers license.

 

[P_A_R_I]

Status of a Child

I have tried searching various forums/blogs..But couldn't find the answer. If both husband wife are PR holders and working outside of canada for an canadian firm and fulfiling the condition of 730 days..have a child born outside of canada only...What will the status of child...PR ....Citizen...or none? or one has to follow the normal procedure of sponsporing...TRV nd all....Please Help..