PR cards expire one year ago. How to return to Canada?

[Vadym1977]

Briefly describe the situation.
In 2013, I, a wife, and a son left for Canada for a permanent resident. We lived there for 2 years, my wife got pregnant and was afraid to give birth there, we decided to return to Ukraine. Plus, we at first in Canada did not really like it because of the weather and other factors. In 2016 we received European citizenship for repatriation and another son was born, in 2018, already the third. At the moment, we are considering options for how to come back, we are already looking at life a little differently, but we have almost had a PR card for a year, and plus two sons were born outside of Canada, after our departure. How generally is our return possible and how to do it correctly? One of the options that I thought was to fly in European-sport and start working because I have SIN, and then I apply for the renewal of the PR card and after that I register the children as that. But not sure what happens. Or it may re-enter the immigration process. We lived in Edmonton, and initially went to Saskatoon and lived there for the first six months. I will be grateful for the answer

 

[Buletruck]

In essence, unless I am mistaken, you don't meet the residency obligation for a permanent resident. With an expired PR card, the only way for you to return to Canada is to apply for a PRTD or fly to the US and cross at a land border. As you don't meet RO, and not liking the weather is really grounds for not meeting it, expect a PRTD to be refused and your permanent resident status terminated. There is an appeal option, but I would expect your chances of winning to be extremely low. As for crossing the border, you still risk being reported upon entry. Same appeal option exists, but you will be allowed entry to Canada. As for your to children who aren't PR's, if you did make it in unreported, you would need to meet the RO before you could sponsor them, which would be 2 years. Unlikely they would have health coverage during that time. If you sponsor them before you meet RO, expect the application to be refused and they will revoke your PR status as well.

 

[foodie69]

No point going back to Canada. It will be a waste of time, money and resources. Stay in Europe and enjoy family life together.

 

[Vadym1977]

Thanks for answers. While there is a plan to call in through the USA, and hope that everything will go well. Just for the moment, when we can compare life in Ireland and Canada, we understand that in Canada it will be better for our children. Until you try on personal experience you will never know.

 

[canuck_in_uk]

Thanks for answers. While there is a plan to call in through the USA, and hope that everything will go well. Just for the moment, when we can compare life in Ireland and Canada, we understand that in Canada it will be better for our children. Until you try on personal experience you will never know.

With expired PR cards and 2 non-PR children, you have pretty much no chance of entering without being reported. You have no H&C grounds, so if reported, you can expect to have your status revoked.

On the very off chance that you enter without being reported, you will have to stay for 2 years until you once again meet the RO in order to sponsor your 2 younger children. That means at least 2.5 years that your children may not have access to provincial health coverage, may not be able to attend school and may not be able to even maintain legal status in Canada.

Either way, there is really no chance that everything will go well.

 

[Vadym1977]

I understand that there will be no health insurance and it will be hard. But until I cross the border, we will "hang in the air with this status." But it may be more likely to win an appeal when we live and work in Canada while awaiting trial? Is it possible to buy insurance for children with a certain monthly payment? Some lawyers argue that they can help legalize children throughout the year.

 

[Vadym1977]

If a permanent resident status is taken away now, can I start the process of obtaining a work visa after some time? To start everything from the beginning and then go through the immigration process correctly.

 

[canuck78]

I understand that there will be no health insurance and it will be hard. But until I cross the border, we will "hang in the air with this status." But it may be more likely to win an appeal when we live and work in Canada while awaiting trial? Is it possible to buy insurance for children with a certain monthly payment? Some lawyers argue that they can help legalize children throughout the year.

You don't have grounds for appeal. You seem to have been able to move to another and have 2 more children. Health insurance would only cover emergencies. You would have to pay for routine care.

 

[canuck78]

I understand that there will be no health insurance and it will be hard. But until I cross the border, we will "hang in the air with this status." But it may be more likely to win an appeal when we live and work in Canada while awaiting trial? Is it possible to buy insurance for children with a certain monthly payment? Some lawyers argue that they can help legalize children throughout the year.

The lawyers are lying to you. You left Canada and went to the EU. The EU is considered a good standard of life and your children will not suffer if you are returned there. Depending on the province and city your children may not be able to attend school unless they pay international fees 15K/year.

 

[Vadym1977]

Can I fly then and let them annul my status? Then I can after some time apply for a work visa for myself and my family? So maybe better? Thanks very much

 

[dpenabill]

I do not mean, not at all, too suggest how you should approach your situation. I can say, confidently, a Canadian immigration lawyer can help and you should NOT be discouraged from obtaining qualified professional help. There is NO comparison, none at all, between what the peanut gallery has to offer and what a qualified professional can.

Can I fly then and let them annul my status? Then I can after some time apply for a work visa for myself and my family? So maybe better? Thanks very much

I do not disagree with the cautionary admonitions others have expressed as to your not-at-all good chances of saving PR status.

But some of the cautions are simply BS. For example, lawyers rarely "lie" to clients. Sure, they tend to massage the message some, and even I joke that "once a lawyer, always a liar," but actually lawyers' careers depend on their reputation and most carefully protect theirs.

There is, nonetheless, a big difference between what lawyers say to non-clients, including prospective clients, versus what they will say to an actual client, that is, someone with whom they have a lawyer-client relationship, which ordinarily requires payment. (Free advice tends to be worth what you pay for it . . . nothing.)

For example . . .

it may be more likely to win an appeal when we live and work in Canada while awaiting trial

This is true. But what "more likely" means may not be all that promising. Consider buying two lottery tickets rather than one. Sure, two tickets means you are "more likely" to win: you double your odds of winning. Buy five and you increase your odds five fold. Still, the odds are, one should readily acknowledge, not good.

But you also have your historical establishing some roots in Canada. That too helps make it more likely you can win an appeal (it is not a "trial" as such . . . albeit the PR is allowed to present evidence and argument).

The combination makes a favourable outcome more likely. BUT the problem is still a matter of how much and given nearly five years absence, the odds are distinctly not good.

IN any event, the best approach FOR YOU depends on many particular factors, not the least of which is your current financial state and your capacity to weather uncertain situations subject to not easily forecast contingencies, but also the various details underlying the course of your life these last five, six years. This is a far, far more complicated matter than many forum participants will acknowledge. Definitive declarations offered in this forum belie the complex vagaries which can and often will influence how things go for a particular individual.

No matter how many details you offer in a venue like this forum, we can not come close to offering you a reliable plan to follow. This forum is great for sharing information. It is dismally poor in providing advice.

If you can afford to hire a Canadian immigration lawyer, a lawyer will be a far more reliable source than we are. If you can afford to gamble on coming to Canada, that is a bet only YOU can choose to make. Like living without health insurance. That is always a gamble. But the risks are NOT equal.

 

[scylla]

Can I fly then and let them annul my status? Then I can after some time apply for a work visa for myself and my family? So maybe better? Thanks very much

You don't need to come to Canada to cancel your PR status. You can apply to do that from your home country.

A work visa likely won't be possible since this requires a job offer and approved LMIA - and it's typically next to impossible to find employers willing to go through the LMIA process.

The best option would be to renounce your PR status and then apply for PR again from scratch. Forget the work permit route.

 

[Vadym1977]

Many thanks to all for the answers. There is money, enough for a lawyer and for life. But I want to find an intelligent lawyer that really could fly something. I am willing to pay for a good result. There should be no problems with LMIA as there are a lot of friends who will help with this issue. But I would like to try to resolve the issue with my status permanet.

 

[scylla]

Many thanks to all for the answers. There is money, enough for a lawyer and for life. But I want to find an intelligent lawyer that really could fly something. I am willing to pay for a good result. There should be no problems with LMIA as there are a lot of friends who will help with this issue. But I would like to try to resolve the issue with my status permanet.

Not sure what you mean by "fly something". A lawyer can't magically fix the PR situation for you. Doesn't matter how much money you pay. You don't meet the residency obligation and don't have H&C reasons for having failed to meet RO. Your only realistic hope for keeping PR is to re-enter Canada without being reported and then remain in Canada for 2 years straight. As mentioned, you won't be able to sponsor your children for PR until after those two years have passed and you meet the residency requirement.

There's no magic wand here. Money can't fix this.

 

[k.h.p.]

This forum is hosted by a law firm. Contact them and see what they say.

@dpenabill is someone who reads like he's had some training, and what he says is measured and reasonable. You have some positive factors in your case - established roots, experience in Canada. However, your case also has negative factors - you didn't have a compelling reason to leave Canada ("the weather" isn't a good reason), nor did you attempt to return to Canada at your first opportunity.

In a PR residency obligation appeal, the IAD will weigh the positive factors and the length of your absence and missed RO to determine if there are H&C grounds to allow you to maintain your PR. Your case doesn't look particularly positive, but an immigration lawyer will be the only person who can give you legitimately good advice.

Try Campbell Cohen. They've been kind enough to host this forum, you could give them a call.