Please Help .. in dilemma !

[Nitinp2810]

Dear All,

My name is Nitin and a BIG fan of this forum.
This forum has guided me all the time. THANK YOU FOR IT.
Request you to please guide me as a friend, guide and philosopher for my predicament mentioned below:

Background:
I might have completed about 300 days (only) in the total 5 years.
I am aware that I need to complete 730 days.
I have genuine reasons which I can prove that I had my family commitments due to which I couldn't stay in Canada ( with all the med. reports).
Last I entered Canada was in Nov 2015.

Hurdle:
There are some Canada Revenue Agency's (CRA) letters which state that I need to return some C$ 750. which I got to know last week as my ex-landlord gave me those letters late.
I am ready with the cash to be returned (which I still think is unrealistic) but its ok to return it.

Problem:
However in the next six days my PR is expiring.

Question:
1. Please advice if I should enter Canada before that, or take PRTD and enter after that.
2. Is PRTD process difficult and time consuming?
3. Considering my CRA issue will it be a hurdle at the POE ?
4.What are my chances of not getting reported.
5. Only I plan to go there and not my family, so if I am reported can I plead alone ? Or apply for PR renewal on Humanitarian and Compassionate Grounds alone? or do I need my entire family to apply ?

Please help as I am on the point of no return and its a walk on the rope for me and my family.

Thanking you in advance

Best Regards,
Nitin

 

[scylla]

What are the H&C reasons that forced you to remain outside of Canada?

 

[Nitinp2810]

My father went through knee replacement surgery and last year my wife had lots of complications which in resulted into ectopic miscarriage

 

[Rob_TO]

My father went through knee replacement surgery and last year my wife had lots of complications which in resulted into ectopic miscarriage

Not sure if this would justify over 4 years outside Canada during past 5. Do you have medical evidence covering this entire time? Do you also have siblings in your home country that could have assisted your father?
Is your wife also a PR? Her situation is very unfortunate, but if a PR she could have also received medical care in Canada.

Nobody here can say if a H&C claim will be accepted or not. The only way to know is to show your case with all medical evidence to IRCC and see what they respond with.

 

[Bcboundboy]

Your tax issues and your failure to meet your PR obligations are separate.

Birth-related medical issues cover at most 9 months by definition, and knee surgery doesn't seem an obvious reason for H&C exemptions. Nobody can say for sure, but I strongly suspect if you either enter Canada now, or apply for a PRTD, you will begin a chain of events which culminate in your losing your PR status, which you essentially gave up on a few years ago. You have been out of the country for over four out of the last five years.

You can make the process quicker by voluntary surrendering your PR status, and if you actually want to live in Canada in the future, applying again if you qualify for a stream.

 

[dream16]

I disagree with what most of the folks suggested here, people with EXPIRED PR's have entered Canada successfully and then got it renewed after living their for 2 years (meaning in their 7th year from the 1st time they received their PR).

 

[Rob_TO]

I disagree with what most of the folks suggested here, people with EXPIRED PR's have entered Canada successfully and then got it renewed after living their for 2 years (meaning in their 7th year from the 1st time they received their PR).

And many people have been reported by CBSA at the border for not meeting RO, starting PR revocation process and need for appeals.

If expired PR card, one must travel through USA to enter Canada which is not possible for everyone.

And even if you can get into Canada without being reported, need to stay 2 years without leaving even once for any reason. This means potentially being separated from all family for 2 years.

Plus if he comes alone, that will not help RO violation of other family members.

In all, not so easy as you make it out to be. Lots of variables and risks involved.

 

[Bcboundboy]

I disagree with what most of the folks suggested here, people with EXPIRED PR's have entered Canada successfully and then got it renewed after living their for 2 years (meaning in their 7th year from the 1st time they received their PR).

"PR" doesn't expire. You mean people with expired cards. A limited number of people have managed to cross the land border without their violation being reported. Far more are detected, which is especially easy with an expired card, as it normally need to questioning about where they've been, how long, and why they don't have a valid card.

Nobody has said for sure that they will be stripped of their PR status. But the balance of probabilities is strongly in favour of it happening (and considering how little time OP has spent in Canada, it's unlikely to make much difference to them at this point).

 

[dream16]

And many people have been reported by CBSA at the border for not meeting RO, starting PR revocation process and need for appeals.

If expired PR card, one must travel through USA to enter Canada which is not possible for everyone.

And even if you can get into Canada without being reported, need to stay 2 years without leaving even once for any reason. This means potentially being separated from all family for 2 years.

Plus if he comes alone, that will not help RO violation of other family members.

In all, not so easy as you make it out to be. Lots of variables and risks involved.

yes, i am only covering USA to Canada entry. Definitely you are breaking in some rules, but can still enter, lawyer up and get that CN passport by living there for 4 years (which ultimately is the end goal of every desi)

 

[Rob_TO]

yes, i am only covering USA to Canada entry. Definitely you are breaking in some rules, but can still enter, lawyer up and get that CN passport by living there for 4 years (which ultimately is the end goal of every desi)

Um no that's not how it works.

If reported at the border by CBSA for not meeting RO, you must appeal the decision. Assuming the H&C claim is not really justified so appeal is eventually refused, it doesn't matter how much time you spent in Canada waiting for the appeal. If appeal is refused this time will not count towards residency obligation, nor towards citizenship. After appeal is lost you will have PR status revoked and be asked to leave Canada.