over stayed my time in the home country and now wants to head to Canada

[anaesthetist]

I am an Anesthetist and currently reside in Karachi, Pakistan. Me, my wife and elder daughter attained a Canadian P.R status in March 2012. I came back to Pakistan with my P.R card along with my wife and daughter in April 2012 to complete my medical residency. Due to my studies, I was unable to return to Canada and live there for 2 out of the 5 years on my P.R as per the Canadian immigration rules. Nor have my wife (herself a doctor) been able to visit Canada. Our P.R card expires on March 2017 and now that I am done with my studies I want to go back to Canada and contribute to the economy rather than be a burden which I would have been had I come without completing my studies.

My query is that will I be able to enter Canada and what would happen after March 2017. Would I have to leave. Since March 2012, I have lived in Canada for only 3 weeks.

My other query is that in Nov 2012, I had another daughter, Zara. She has never been to Canada and has no status. I want to bring her to Canada with me, as I cannot leave her in Pakistan because I have no one to take care of her as she is only 3 and a half years. I have been told that due to our status, she will not be eligible for a visitors visa. Also It is not an option that I come to Canada and sponsor her while my wife remains behind with her as the current situation of Pakistan is not good for women living alone. Also If I may come and sponsor her, it usually takes about 36 months, and by that time, my wife and daughters status would have expired. I heard there was a Temporary residents permit that allows a person to enter Canada if he/she is other inadmissible to Canada.

Thanking you in anticipation.

Shakaib Chughta

 

[Rob_TO]

Also It is not an option that I come to Canada and sponsor her while my wife remains behind with her as the current situation of Pakistan is not good for women living alone.

That may be your only option, since daughter will require TRV or TRP to come to Canada as a visitor. If she can't get this, then one parent will need to move to Canada while the other stays at home with child.

Another major problem for you, is none of you meet the residency obligation. So when returning to Canada you may be reported upon entry for not meeting RO, and start process to revoke your PR status. You can appeal this, but it may take several years to resolve. If your only reason for staying outside Canada for 4 years was school/work, that will most likely not be accepted as a H&C reasons (though each case is different).

Even if you can get into Canada without being reported, you would then need to stay here for 2 straight years without leaving even once, until you are back in compliance with the RO. During these 2 years, you can not submit a PR app to sponsor your child. If you did, your own RO violation would be discovered and would end up with PR status being revoked. So it will be 2 years in Canada, then another year or so of your daughters PR app to be processed, so that is 3+ years before your daughter can hope to get PR during which time your family may need to be separated.

It may be easier for all of you to just renounce your PR status, and apply again from scratch under a current immigration stream.