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Probable Resident status Revocation ...please advise

torontosm

Champion Member
Apr 3, 2013
1,677
261
Thank you very much BS65, that's of great help. One additional question:
My daughter doesn't have a PR, she was born after I had obtained my PR. If she joins me in Canada (she's 4 yrs old so she'll be travelling with a guardian on a tourist visa) would I be able to put her in public school immediately? I'm just wondering if not having a PR would create any difficulties for her? I know once I've completed my 2 years in Canada I can then comfortably apply for a PR for her from within the country, but during those two years will she face any difficulties?
You can place your daughter in public school, but not while she is on a regular tourist visa. Also, you will have to pay for the school as she is not a PR or citizen.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Thank you very much BS65, that's of great help. One additional question:
My daughter doesn't have a PR, she was born after I had obtained my PR. If she joins me in Canada (she's 4 yrs old so she'll be travelling with a guardian on a tourist visa) would I be able to put her in public school immediately? I'm just wondering if not having a PR would create any difficulties for her? I know once I've completed my 2 years in Canada I can then comfortably apply for a PR for her from within the country, but during those two years will she face any difficulties?
Read here: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html

Even if your child doesn't need a study permit, the school still may demand international student fees to enroll them since child is not a PR.
 

rehanzubair

Member
Nov 12, 2017
12
0
Thank you Torontosm and Rob_TO, your advice has been truly helpful.

Just to share my findings, I also found that there's an option of coming to Canada as an international student. If my wife got accepted to a university, I and my kids could accompany her and stay in Canada for the duration of her course. During this time, my children can attend public school free and I will be granted a work permit so I can support her financially. This will allow me to gain Canadian work experience through which I can apply for a PR, especially if I get a full-time job offer.

My wife would also score half-days for each day she spends in Canada for the duration of her degree. After graduation, she can apply for a work permit herself and get a job, which would also add to her ability to qualify for a PR.

I figure, worse case scenario and nothing else works out, this would be a good option for both of us.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
Thank you Torontosm and Rob_TO, your advice has been truly helpful.

Just to share my findings, I also found that there's an option of coming to Canada as an international student. If my wife got accepted to a university, I and my kids could accompany her and stay in Canada for the duration of her course. During this time, my children can attend public school free and I will be granted a work permit so I can support her financially. This will allow me to gain Canadian work experience through which I can apply for a PR, especially if I get a full-time job offer.

My wife would also score half-days for each day she spends in Canada for the duration of her degree. After graduation, she can apply for a work permit herself and get a job, which would also add to her ability to qualify for a PR.

I figure, worse case scenario and nothing else works out, this would be a good option for both of us.
Given your file they will see what you are trying to do and not grant you visa. Not a sure thing by far but you could try.
 

rehanzubair

Member
Nov 12, 2017
12
0
Hi All,

Had a query for the forum, hope you can help:

If I got into Canada through land border with my expired PR card and got flagged for review (since I don't meet minimum residency requirement), I will still be allowed entry into Canada by law. Once I'm in through, and I land a job (I have my SIN card) I'll be given a job offer letter. Wouldn't that be good enough to get me the PR and for my to win any appeal? It may take me several months but I'm a qualified IT professional, no reason I won't be able to land a job, even in a lower position.

Do please advise, I'm probably oversimplifying
 

evdm

Hero Member
Jun 16, 2017
650
360
Having a job will count in your favour, but the fact of the matter would remain that if you are reported and you haven't met the RO, IRCC will take steps to revoke your PR and you will likely have to appeal.

Your establishment in Canada after the report will be considered, but you should also have very compelling H&C reasons why you didn't meet the RO in the last 5 years. Remember, Canada gave you PR to establish yourself in Canada and contribute to Canadian society. You're going to have to show that you had no real choice (e.g. family ill and you're the only person able to be a caregiver) not to do that until now. Just having a job will not be enough, in my opinion and from what I've read in appeal verdicts online.

If you had no compelling reason not to be in Canada, then I don't think you'll have much luck in an appeal. Of course, that's if you get flagged and reported. But it also means you cannot leave Canada at all for the next 2 years (minimum) after you return.
 

rehanzubair

Member
Nov 12, 2017
12
0
Thank you evdm.

Indeed, I do have H&C reasons for not coming to Canada. however, I also understand that H&C cases are difficult to win and getting a job, having my kids in school, etc. should help significantly. I'd just need several months to find a job as I understand positions are scarce, but I figured it should help.