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Ramadanoa

Member
Oct 13, 2017
16
0
Hi everybody, We (me, me Sposue, and my 2-years old daughter) went to Canada as a landed immigrant 15 years ago. Our PR card expired ten years ago. During the five years of PR Card, we had two kinds born in Canada. Last time we were in Canada as when our PR card expired. Now we r planning to move back to Canada to live, and my daughter is now approaching 18 and will go to a university in Canada. I learned from this forum that I am still PR and may enter canada by Car from the US boarder. My passport is from a non-exempt country. My questions are:
A) is it possible to enter without been reported?;
B) can my daughter apply for the PR card Under the H&C ground as she was removed by us when she was a minor?
C) can my daughter case be separated from our case, as I do not for her to be affected by any possible negative outcome for us (parents)? My daughter is my bigest concern as I do not want for her to be deported, if we r going to appeal any removal order.
D) what is our chance to win any possible appeal for a possible removal order? Is still have the CoPR.
 
A) Yes - there's always some possibility. You'll need to enter Canada by land from the US using a private vehicle.
B) Yes - she can do that.
C) Yes. She can be considered separately.
D) An appeal is pretty much guaranteed to be refused. Having the COPR doesn't impact the appeal success.
 
A) Yes - there's always some possibility. You'll need to enter Canada by land from the US using a private vehicle.
B) Yes - she can do that.
C) Yes. She can be considered separately.
D) An appeal is pretty much guaranteed to be refused. Having the COPR doesn't impact the appeal success.
My daughter will be
 
My daughter will be 17 years and 9 months when we enter canada, and she will enter with us. Shall she be consider as an adult and accodingly to has a separate case/appeal from us?
 
A) What do u think her chance to win any possible appeal?
B) And r the going to consider for me and my spouse under the H&C ground as well, as we have two Canadian children in addition to my daughter case?
 
A) She doesn't have to appeal. I would just have her apply for a PRTD under H&C stating she was removed as a child from Canada. Approval is pretty much guaranteed.
B) You don't have H&C grounds. Having Canadian children isn't considered as H&C grounds. H&C grounds are things that prevented you from meeting RO and forced you to remain outside of Canada.
 
For A) above, do you mean applying for PRTD before we leave our home country to canada? I.e, from the canada embassy in our country?
B) does the 17 yrs and 9 months old can be consider as an adult?
C) for me and my spouse, do u think we have a v Lille chance?
 
- Yes, your daughter should apply for a PRTD under H&C before leaving your home country for Canada. She should apply on her own (without you).
- I don't understand your question about you and your spouse. It doesn't make sense to me.
 
You have no chance of being approved for a PRTD. If you apply, you'll be refused and your PR status officially revoked. If you try to enter Canada and are reported at the border, you should assume you'll lose PR status as well and be ordered to leave Canada. If you're able to enter Canada without being reported and then remain in Canada for two full years without leaving - you'll be able to renew your PR status. However I do think it's going to be tricky to re-enter without being reported since you've been gone for so long.

The other option is to officially give up your PR status and apply again from scratch.
 
If I decided to take my chance and travel with my family, my biggest worry is that they will link my daughter case to me and my spous, and accordingly, she will be exposed to lose her chance. Do u think:
A) it's more safe for her to have the PRTD alone, and travel from the airpot normally?
B) or, it does not matter if she travel with us - from the us boarder, as her case will be separated from ours anyway?