Residency Obligation and crossing border and staying for 2 years

[CricketMan1]

Hello there,
I have not met my residency obligation by a considerable amount. I got it in 1989 and I still have PR status as confirmed by an ATIP done in 2019 by an immigration lawyer in Canada. I have entered Canada multiple times with not meeting the obligation before the ETA was introduced. I saw another lawyer in Canada and he said that I could just stay there two years and cross the border. I do have valid and personal H&C reasons as I had multiple deaths and my father has dementia and my brother lives in Canada and my sister has a physical disability leaving me to look after him. What are my chances?

 

[jddd]

Based on your other posts, you have been out of RO for at least 20 years. IMO, your chance at H&C is bad even with multiple deaths unless an immediate family member died every 3 months in the last 20 years? Even then, chances are extremely slim. Does your sister live in Canada? What is her physical disability? Your brother living in Canada has no effect on your H&C whatsoever. Your father who has dementia is better served in a home where they have 24/7 caregivers. Or are you saying that you do not work to take care of your father 24/7? You have not attempted to put down roots in Canada at all. I agree with others who have replied to you that you will just delay the inevitable of losing PR after spending thousands on an appeal.

 

[scylla]

Hello there,
I have not met my residency obligation by a considerable amount. I got it in 1989 and I still have PR status as confirmed by an ATIP done in 2019 by an immigration lawyer in Canada. I have entered Canada multiple times with not meeting the obligation before the ETA was introduced. I saw another lawyer in Canada and he said that I could just stay there two years and cross the border. I do have valid and personal H&C reasons as I had multiple deaths and my father has dementia and my brother lives in Canada and my sister has a physical disability leaving me to look after him. What are my chances?

Do you have family that you would expect to bring to Canada with you or is it just you? If it's just you, then I would fly to the US and re-enter Canada by land (hopefully without being reproted) and then try to remain in Canada for 2 years straight before renewing PR.

If you have family you need to bring to Canada with you, that will complicate things significantly.

I don't think H&C has any hope of succeeding given how little time you've spent in Canada over the last two decades. But you can give it a shot if you want.

 

[CricketMan1]

Based on your other posts, you have been out of RO for at least 20 years. IMO, your chance at H&C is bad even with multiple deaths unless an immediate family member died every 3 months in the last 20 years? Even then, chances are extremely slim. Does your sister live in Canada? What is her physical disability? Your brother living in Canada has no effect on your H&C whatsoever. Your father who has dementia is better served in a home where they have 24/7 caregivers. Or are you saying that you do not work to take care of your father 24/7? You have not attempted to put down roots in Canada at all. I agree with others who have replied to you that you will just delay the inevitable of losing PR after spending thousands on an appeal.

Long story short my mum and my other sister died. My mum died in 2012 due to organ failure. My sister died due to Breast Cancer in 1997 and her husband died too. They had to kids who were left as orphans and they went to Canada to live with their grandparents. I intend to bring my family. I have an active SIN, COPR original documents and a bank account. My sister has arthritis and has a disability permit. I did stop working and obtained income from two rental properties and my wife working. I have only resumed work recently. Do I have a chance? I have been to Canada in 1992, 1998, 2008, 2014 and 2016 and at no point did CBSA say anything about my PR status.

 

[canuck_in_uk]

Long story short my mum and my other sister died. My mum died in 2012 due to organ failure. My sister died due to Breast Cancer in 1997 and her husband died too. They had to kids who were left as orphans and they went to Canada to live with their grandparents. I intend to bring my family. I have an active SIN, COPR original documents and a bank account. My sister has arthritis and has a disability permit. I did stop working and obtained income from two rental properties and my wife working. I have only resumed work recently. Do I have a chance? I have been to Canada in 1992, 1998, 2008, 2014 and 2016 and at no point did CBSA say anything about my PR status.

H&C grounds would need to account for the entire absence. You have little chance of arguing H&C grounds for over 20 years.

You would have to spend 2 years in Canada to once again meet the RO. You could then sponsor your family. During those 2 years, they could try to come as visitors but would not be allowed to work, likely not have healthcare, kids would possibly not be able to attend school, they would have to continue trying to extend their visitor status etc.

 

[CricketMan1]

H&C grounds would need to account for the entire absence. You have little chance of arguing H&C grounds for over 20 years.

You would have to spend 2 years in Canada to once again meet the RO. You could then sponsor your family. During those 2 years, they could try to come as visitors but would not be allowed to work, likely not have healthcare, kids would possibly not be able to attend school, they would have to continue trying to extend their visitor status etc.

My kids are almost at university age and will probably study in the UK and do a year abroad in Canada so I'll probably go with my wife and my kids will probably do masters degrees in Canada. Can my wife get a work permit or does she have to be sponsored? She doesn't have to work because I would probably get a sufficient amount of income from rental properties in the UK and maybe a job in Canada. With regards to border crossings, I intend to live in BC as I have a BC SIN. Which border crossing is the best one for my case? Thank you very much for your assistance and sorry if I have been arrogant. It is just that the situation in the UK is getting tense with brexit and Corbyn.

 

[CricketMan1]

Thank you everyone for your assistance.

 

[canuck_in_uk]

My kids are almost at university age and will probably study in the UK and do a year abroad in Canada so I'll probably go with my wife and my kids will probably do masters degrees in Canada. Can my wife get a work permit or does she have to be sponsored? She doesn't have to work because I would probably get a sufficient amount of income from rental properties in the UK and maybe a job in Canada. With regards to border crossings, I intend to live in BC as I have a BC SIN. Which border crossing is the best one for my case? Thank you very much for your assistance and sorry if I have been arrogant. It is just that the situation in the UK is getting tense with brexit and Corbyn.

She would have to qualify independently for a work permit, which requires a job offer from an employer with a positive LMIA. This is extremely difficult. Expect that she will not be allowed to work. She will also have no health coverage the entire time, so one serious accident/hospitalization could bankrupt you. She will be reliant on IRCC to continue extending her status for the 2 years; it is very possible she will be refused at some point and told to leave.

How old are your kids, years and months? When do you plan to actually try to move to Canada?

 

[CricketMan1]

She would have to qualify independently for a work permit, which requires a job offer from an employer with a positive LMIA. This is extremely difficult. Expect that she will not be allowed to work. She will also have no health coverage the entire time, so one serious accident/hospitalization could bankrupt you. She will be reliant on IRCC to continue extending her status for the 2 years; it is very possible she will be refused at some point and told to leave.

How old are your kids, years and months? When do you plan to actually try to move to Canada?

Probably 2023-2024, potentially earlier depending on political situation. How much is health insurance? How much is a major hospitalisation?

 

[scylla]

Probably 2023-2024, potentially earlier depending on political situation. How much is health insurance? How much is a major hospitalisation?

Health insurance varies based on a number of factors including pre-existing conditions, age, coverage, deductible, etc.

Major hospitalizations would start at $10,000 and have no ceiling. It's pretty easy to get above $100,000 if surgery is involved.

By the time you are able to sponsor them, your kids may be too old to be included in your application. This may be something to factor into your plans. They need to be 21 or under at the time you submit the PR application. Keep in mind that you won't be able to submit the PR application until two years after you have returned to Canada.

 

[CricketMan1]

Health insurance varies based on a number of factors including pre-existing conditions, age, coverage, deductible, etc.

Major hospitalizations would start at $10,000 and have no ceiling. It's pretty easy to get above $100,000 if surgery is involved.

By the time you are able to sponsor them, your kids may be too old to be included in your application. This may be something to factor into your plans. They need to be 21 or under at the time you submit the PR application. Keep in mind that you won't be able to submit the PR application until two years after you have returned to Canada.

Wow. For private healthcare in the UK £2,300 for an operation approximately. It's a lot. My kids are 16 and 18. My kids both intend to do a master's in Canada so they can get points for the Canadian Experience Class programme. My family doesn't have any long term health diseases.

 

[jddd]

How do you know your SIN is active? If you have not been filing taxes, they do get deactivated. As someone else mentioned above, the deaths you mentioned do not account for the full 20 years. Your sister’s disability being arthritis is not something that completely incapacitates her. If you plan to appeal, get ready for exorbitant lawyer fees. I really don’t think you have a chance because of how long you have chosen to stay away from Canada but of course some get lucky. If you have not been disclosing that you are a PR whenever you enter, it only affects you negatively as you have repeatedly been dishonest to CBSA. They will be able to see those records.

 

[CricketMan1]

How do you know your SIN is active? If you have not been filing taxes, they do get deactivated. As someone else mentioned above, the deaths you mentioned do not account for the full 20 years. Your sister’s disability being arthritis is not something that completely incapacitates her. If you plan to appeal, get ready for exorbitant lawyer fees. I really don’t think you have a chance because of how long you have chosen to stay away from Canada but of course some get lucky. If you have not been disclosing that you are a PR whenever you enter, it only affects you negatively as you have repeatedly been dishonest to CBSA. They will be able to see those records.

The thing is, I didn't know I was a PR until I saw a lawyer and he said I should do an ATIP because of landed status. I have a bank account with RBC and my brother's wife works there and examined all of this at the bank and overrided things. I still keep some money there and keep the account going.

 

[jddd]

The thing is, I didn't know I was a PR until I saw a lawyer and he said I should do an ATIP because of landed status. I have a bank account with RBC and my brother's wife works there and examined all of this at the bank and overrided things. I still keep some money there and keep the account going.

Having a bank account does not keep your SIN active. Even if you didn’t know you were still a PR, as an adult, you could have told CBSA that you MAY still be a PR. They could have checked for you. I don’t know what else to tell you. Good luck.

 

[CricketMan1]

Having a bank account does not keep your SIN active. Even if you didn’t know you were still a PR, as an adult, you could have told CBSA that you MAY still be a PR. They could have checked for you. I don’t know what else to tell you. Good luck.

It never came to me to ask CBSA. I consulted a lawyer first. Thanks for the help and advice about everything. If all else fails I will just get my kids to go via express entry or I will do the Quebec investor program.