Needs advice and suggestion for a complicated case

[Usmz]

Hello everyone,

I need some valuable advices and suggestions for an acquaintance. She did her soft landing back in 2018, stayed for 3 weeks and left . She came back in 2020 for her hard landing and same day lockdown started in CA. She tried but couldn’t stay more than 4 months as lockdown made her sick. Now her PR is expiring in beginning of April and she will be landing again next week. She is aware that she didn’t maintain her residency requirement during the last 5 years and might have tough questioning by the CBSA.

Little background: She tried to come in 2021 when she conceived but had miscarriage soon and later had COVId . I am not sure how convincing these points are for the agent .


Secondly, she wants to sponsor her spouse after landing but her PR card will be expired and can’t be renewd.( I am not sure she thought about this even) .

I hope I am clear in explaining her situation. I would be grateful if anyone has seen or experienced similar situation ever and can guide accordingly.

Thank you

 

[steaky]

Hello everyone,

I need some valuable advices and suggestions for an acquaintance. She did her soft landing back in 2018, stayed for 3 weeks and left . She came back in 2020 for her hard landing and same day lockdown started in CA. She tried but couldn’t stay more than 4 months as lockdown made her sick. Now her PR is expiring in beginning of April and she will be landing again next week. She is aware that she didn’t maintain her residency requirement during the last 5 years and might have tough questioning by the CBSA.

Little background: She tried to come in 2021 when she conceived but had miscarriage soon and later had COVId . I am not sure how convincing these points are for the agent .


Secondly, she wants to sponsor her spouse after landing but her PR card will be expired and can’t be renewd.( I am not sure she thought about this even) .

I hope I am clear in explaining her situation. I would be grateful if anyone has seen or experienced similar situation ever and can guide accordingly.

Thank you

1) There was never any lockdown in Canada unlike some countries in the world. In times, there were mandatory quarantine. People can still travel internationally. On the other hand, 4 months in Canada made her sick. Was it during the cold winter. Maybe she did not want to live in Canada or she should come to Vancouver to enjoy the relatively mild weather or buy Canada goose?

2) She can't sponsor her spouse yet. She need to fulfil her PR obligations to live in Canada 730 days in 5 year period first.

 

[Usmz]

I completely agree with you and I have the same reasoning to give her. She is aware of grilling but still wants to try her beat to satisfy the CBSA officer.

I will atleast tell her about spousal sponsorship part as she think she can file right away and wants to reunite with the spouse asap

 

[steaky]

I will atleast tell her about spousal sponsorship part as she think she can file right away and wants to reunite with the spouse asap

She can't, unfortunately.

 

[Usmz]

Thank you for the prompt response . Much appreciated.

Do you think CBSA will flag her landing to IRCC? I got mixed responses online but didn’t check the forum yet?

 

[Ponga]

Thank you for the prompt response . Much appreciated.

Do you think CBSA will flag her landing to IRCC? I got mixed responses online but didn’t check the forum yet?

If she only has ~ 15 weeks total being in Canada since the soft landing in 2018, my opinion is that she should be prepared for questioning from the CBSA officer. She needs to pen her thoughts, per se, to have the complete story to share with the officer, if the questions start.

Having said that, there is always the chance that she will be admitted without asking any questions at all. If she is so fortunate, she would be advised to remain in Canada until she has met the 730 days (within the 5 years preceeding the day that she returns), realizing that the ~4 months from 2020 will be of little value to her now, especially not knowing the day/month that she left. In theory, if she were to remain in Canada for 610 days straight, she would then be in compliance with the R.O. and could then apply to renew the PR Card and sponsor her spouse...bit it will be a tough situation to say the least.

If she left in early 2020, those 4 months may not be as helpful.