Moving to Canada on PR with RO not met

[canadapr2590]

I received my Canadian PR in June 2019. After finishing my soft landing and staying there for 3 days I moved back to USA (Indian passport and working in USA). Now in June 2023, my company is ready to transfer me to their Canadian office so I am considering a permanent move there on my PR. I have the following questions -

1. Since I haven't met my RO (I will only have 1 year left on my PR card which expires in June 2024), what would be the best way to travel to Canada from USA (by road or flight) to minimize the possibility of secondary inspection at the border leading to questions about my RO?

2. I understand that if I am let in without any reporting at the border, I am good as long as I live in Canada for 2 years and be compliant with my RO before applying for my PR renewal however I got married a few months ago and my spouse wants to move to Canada along with me. She currently has a visitor visa for Canada however if we are to make a permanent move, she would like to apply for a student or work visa there. If she INDEPENDENTLY applies for student or work visa (not through my PR sponsorship) will it still cause a risk with IRCC finding out about my RO compliance or they wouldn't look into my case?

3. If she independently applies for PR will it cause IRCC to look deeper into my profile as her spouse and find out about my RO non compliance?

I ask points 2 & 3 because based on that I need to make a decision whether it would be worth it for us to move there and stay legally or leave this entire process and start fresh.

Thanks in advance for your answers/advice.

 

[Ponga]

1. Either way.
Since you still have a valid PR Card, you can return by a commercial carrier, use the PIK (airport kiosk) and hope that the CBSA officer (that you hand the paper slip to) doesn't ask any questions about your R.O. deficit. Crossing at a land PoE would still require you to be inspected by a human, so it's impossible to say if one is better than the other. Flying may be more convenient for you, unless you live close to the border.

2. You WILL be allowed to re-enter Canada because your PR status has not been revoked or renounced.

You cannot sponsor your spouse until you are in compliance with the R.O., which would not be anytime soon. Remember, that it's NOT the expiry date on your PR Card; it's the minimum of 730 days of residency in Canada required for each rolling 5-year period, to maintain PR status.

3. How would she be applying for PR? Under which stream/program?

 

[canadapr2590]

1. Either way.
Since you still have a valid PR Card, you can return by a commercial carrier, use the PIK (airport kiosk) and hope that the CBSA officer (that you hand the paper slip to) doesn't ask any questions about your R.O. deficit. Crossing at a land PoE would still require you to be inspected by a human, so it's impossible to say if one is better than the other. Flying may be more convenient for you, unless you live close to the border.


2. You WILL be allowed to re-enter Canada because your PR status has not been revoked or renounced.

You cannot sponsor your spouse until you are in compliance with the R.O., which would not be anytime soon. Remember, that it's NOT the expiry date on your PR Card; it's the minimum of 730 days of residency in Canada required for each rolling 5-year period, to maintain PR status.

Yes, I am aware of that part, what I am concerned about is if she applies for a student visa or a work visa (through her current employer in usa) and for that if she fills up the forms where she must indicate the status of her spouse (which would be my details with my status as a canadian PR) would that cause a similar kind of inquiry with IRCC as it would have if I were to sponsor her for spousal visa without being in compliance with the RO?

3. How would she be applying for PR? Under which stream/program?

She will apply via express entry (she is a software engineer with a Masters from a reputable USA university).

1. That makes sense

2. Yes, I am aware of that part, what I am concerned about is if she applies for a student visa or a work visa (through her current employer in usa) and for that if she fills up the forms where she must indicate the status of her spouse (which would be my details with my status as a canadian PR) would that cause a similar kind of inquiry with IRCC as it would have if I were to sponsor her for spousal visa without being in compliance with the RO?

3. She will apply via express entry (she is a software engineer with a Masters from a reputable USA university).

 

[abdo_85]

1. That makes sense

2. Yes, I am aware of that part, what I am concerned about is if she applies for a student visa or a work visa (through her current employer in usa) and for that if she fills up the forms where she must indicate the status of her spouse (which would be my details with my status as a canadian PR) would that cause a similar kind of inquiry with IRCC as it would have if I were to sponsor her for spousal visa without being in compliance with the RO?

3. She will apply via express entry (she is a software engineer with a Masters from a reputable USA university).

Good luck in your return, hope you update us here your experience in returning back.

 

[armoured]

2. I understand that if I am let in without any reporting at the border, I am good as long as I live in Canada for 2 years and be compliant with my RO before applying for my PR renewal however I got married a few months ago and my spouse wants to move to Canada along with me. She currently has a visitor visa for Canada however if we are to make a permanent move, she would like to apply for a student or work visa there. If she INDEPENDENTLY applies for student or work visa (not through my PR sponsorship) will it still cause a risk with IRCC finding out about my RO compliance or they wouldn't look into my case?

No, her applying for either of those won't trigger a review of your RO compliance. It might reduce her chances of being granted the student visa but would likely more depend on strength of her student app.

3. If she independently applies for PR will it cause IRCC to look deeper into my profile as her spouse and find out about my RO non
compliance?

Same, but won't be a negative on her PR app.

 

[canuck78]

1. That makes sense

2. Yes, I am aware of that part, what I am concerned about is if she applies for a student visa or a work visa (through her current employer in usa) and for that if she fills up the forms where she must indicate the status of her spouse (which would be my details with my status as a canadian PR) would that cause a similar kind of inquiry with IRCC as it would have if I were to sponsor her for spousal visa without being in compliance with the RO?

3. She will apply via express entry (she is a software engineer with a Masters from a reputable USA university).

Technically it could lead to someone looking at your RO compliance but less likely than a sponsorship. As already mentioned getting a student permit Or WP may be more difficult. She will need to prove that she has strong ties to her home country for both permits. The other issue is the length of time until untilhearing about the SP or WP. She may need to extend her visitor status after 6 months and normally that would be based on staying with your husband but given that you don’t meet your RO that would flag your lack of compliance. Have you looked at whether you qualify for express entry and can apply together. Starting from scratch maybe the best option if your spouse is already looking at applying for express entry.

 

[canadapr2590]

Technically it could lead to someone looking at your RO compliance but less likely than a sponsorship. As already mentioned getting a student permit Or WP may be more difficult. She will need to prove that she has strong ties to her home country for both permits. The other issue is the length of time until untilhearing about the SP or WP. She may need to extend her visitor status after 6 months and normally that would be based on staying with your husband but given that you don’t meet your RO that would flag your lack of compliance. Have you looked at whether you qualify for express entry and can apply together. Starting from scratch maybe the best option if your spouse is already looking at applying for express entry.

Thanks for your reply. I originally got my PR through express entry so I believe I would still qualify. I was just trying to figure out the best way to go about it, if there was another option to explore before starting all over again.

 

[canuck78]

Thanks for your reply. I originally got my PR through express entry so I believe I would still qualify. I was just trying to figure out the best way to go about it, if there was another option to explore before starting all over again.

Probably the best option would be for your spouse to try to find a high skilled job that will qualify for faster processing as soon as possible or internal transfer. If she can secure a WP and a job then attempting to return to Canada yourself is a better idea. You will then know that your wife can accompany you until you meet RO and your wife will also know she can work.

 

[canadapr2590]

Probably the best option would be for your spouse to try to find a high skilled job that will qualify for faster processing as soon as possible or internal transfer. If she can secure a WP and a job then attempting to return to Canada yourself is a better idea. You will then know that your wife can accompany you until you meet RO and your wife will also know she can work.

Yeah that's what we are trying to do, if she is able to come there on her work permit it would be perfect. However, I am not sure if employers in Canada consider US work experience. She has 3 years of work experience working for a big bank in New York and a masters but from what I have heard (I could be wrong) they need Canadian experience for at least a year to consider you for high skilled positions if applying directly (not via internal company transfer) so it might be difficult for her to secure a job offer in Canada directly without the option of an internal company transfer (which seems unlikely at the moment for her).

 

[canuck78]

Yeah that's what we are trying to do, if she is able to come there on her work permit it would be perfect. However, I am not sure if employers in Canada consider US work experience. She has 3 years of work experience working for a big bank in New York and a masters but from what I have heard (I could be wrong) they need Canadian experience for at least a year to consider you for high skilled positions if applying directly (not via internal company transfer) so it might be difficult for her to secure a job offer in Canada directly without the option of an internal company transfer (which seems unlikely at the moment for her).

Experience at a big bank especially from the US is recognized. Canada is a much smaller market though so finding a job may be difficult.