In a pickle!

[Jimmy 2k]

Hi,

Here is my situation:

I currently live and work in US on H1B visa.

we initially (husband/wife/son) landed in canada on PR(Skilled worker) ~ Dec 2013. and returned in less than a week after making landing.

We obtained jobs and returned to canada ~April 2014 and stayed in canada for less than 2 months(~june 2014).We were expecting our second child and due to lack of family support we decided to move back home temporarily.

Our son#2 was born abroad ~Dec 2014.

I couldn't sponsor our son#2 to canada PR and we moved back to USA.

Amid the PR situation for our son#2(along with other issues) we parted ways(not on mutual agreement).

From 2016-Jan 2018(almost ending) there was a lengthy court case related to child custody which prohibited the kids to be taken out of USA(PR clock is ticking all this time).

Now that my legal battle is over(obtained full custody of children),i see that my PR card expires mar 2019(same for my son#1,son#2 don't have PR).

Here is my question:
1.If i migrate to canada on PR(if allowed),i won't have 2 years of resident days to renew the PR(at expiration) and will have to leave canada-is my assumption correct?

2.If i continue to stay beyond the PR expiration,what would be my status(am i allowed to work/travel/drive etc.)

3.how can i bring son#2(cic won't allow me to bring him on PR).

Any help/advise is greatly appreciated!!

 

[scylla]

1. No - you can remain in Canada until you meet the PR residency requirement and can then apply to renew your PR status.
2. You can remain and work. Traveling out of Canada is not a good idea - ideally you should remain in Canada without leaving until you meet the residency requirement. Leaving Canada will put you at risk of being flagged for failing to meet the residency obligation when you return.
3. You can only bring your son on visitor status at this time and will have to renew his status every six months. You won't be able to sponsor him for PR until you meet the residency obligation. Note that you should purchase travel insurance to cover him for emergency and you'll need to pay for any non-emergency health care out of your own pocket. As only a visitor in Canada, he won't be covered under the provincial health care system.

If you have further questions, post them in the PR Obligation section of the forum.

 

[canuck78]

You would have to enter Canada without being reported for not meeting your residency obligation. By applying for a trv for your 2nd son you draw attention to the fact that you haven't met your RO and you could be reported. Especially because you will have to renew it a couple of times. You may also might be denied a trv. The expiry on your PR card is irrelevant it is based on your landing date so it would be December 2018. You may be able to appeal if you get reported based on H&C due to your custody battle but very few cases get accepted so no sure what your chances may be. Have you seen whether you qualify for PR again? If your score is over 430 or your skills are in demand that may be easier.

 

[Jimmy 2k]

You would have to enter Canada without being reported for not meeting your residency obligation. By applying for a trv for your 2nd son you draw attention to the fact that you haven't met your RO and you could be reported. Especially because you will have to renew it a couple of times. You may also might be denied a trv. The expiry on your PR card is irrelevant it is based on your landing date so it would be December 2018. You may be able to appeal if you get reported based on H&C due to your custody battle but very few cases get accepted so no sure what your chances may be. Have you seen whether you qualify for PR again? If your score is over 430 or your skills are in demand that may be easier.

Appreciate your response.Thank you!

 

[Jimmy 2k]

1. No - you can remain in Canada until you meet the PR residency requirement and can then apply to renew your PR status.
2. You can remain and work. Traveling out of Canada is not a good idea - ideally you should remain in Canada without leaving until you meet the residency requirement. Leaving Canada will put you at risk of being flagged for failing to meet the residency obligation when you return.
3. You can only bring your son on visitor status at this time and will have to renew his status every six months. You won't be able to sponsor him for PR until you meet the residency obligation. Note that you should purchase travel insurance to cover him for emergency and you'll need to pay for any non-emergency health care out of your own pocket. As only a visitor in Canada, he won't be covered under the provincial health care system.

If you have further questions, post them in the PR Obligation section of the forum.

Thank you!