Someone Please Help

[sushmet]

Hello,

I have applied for the sponsorship application of my child, and awaiting the result. Actually me and my spouse returned to our home country after getting PR. When we were planning to come back, we found out that my spouse is pregnant and she was advised not to travel in pregnancy due to bad history and complicated pregnancy case. So I stayed on with her till delivery and moved back to Canada immediately after delivery. When we were planning to bring our kid on TRV visa, we came to know that we cannot, as child of the parents who are PR has to be sponsored. We contacted CIC office in the native country and they said they will not issue TRV even though my spouse will loose residency obligation (have a written proof of this). Please note that her PR card is valid for another 17-18 months. Now since we are waiting for sponsorship approval if it is approved then:

1. Can local CIC office send the notice to my spouse specifying she is not meeting the residency obligation (we have attached copy of her PR card in application) if they find out? What are chances they will find out? And in that case we will have to appeal for IAD? What are chances of success in this case (As child is being affected). Refer to following link for application process etc.:
http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/Pages/resoap.aspx


2. Or if its go unnoticed then will it get noticed at the border or landing?

LEON please advise. Have you come across any such case?

 

[parker24]

Are you a PR or a Canadian Citizen?

 

[scylla]

Are you a PR or a Canadian Citizen?

OP and his wife are both PRs.

 

[CharlieD10]

The local CIC office will not advise your spouse she is not meeting her residency requirement, they don't keep track of that because it's not their responsibility.

If she enters Canada using the PR card which is about to expire, the Immigration officer who processes her is at liberty to question her regarding her residency obligation, because that is his responsibility. If she cannot demonstrate that she has complied with the residency obligation, he has the option to still let her into the country and report her for failing to meet the requirement, in which case she will need to appear before the Immigration Appeal Board and make a case for keeping her PR. If she fails to make the case, she will be given a departure order and told to leave Canada.

If she waits until the PR card expires, she will need to apply to the local CIC for a returning resident travel permit. At that time, she will be asked how many days out of the residency obligation she has completed, and to present any H&C reasons for them to give her the permit so she can travel to Canada. If she fails to convince the IO at the local CIC, she will be reported for her failure and be required to appeal, as above. In that case, she will have to appeal from abroad, and if she is successful, the local office will give her the permit, if not she will have lost her PR and be ineligible to enter Canada as a PR.

 

[sushmet]

Hello,

Thanks CharlieD

You say that CIC office in native country do not keep track of residency obligation, but following link indicates local CIC office has right to do so

"Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer (also outside Canada) with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB)". Above information given in following link.

http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/Pages/resoap.aspx

1. I am not sure if above case is applicable only when you apply for TRAVEL DOCUMENT when your PR card is expired. But it is not stated that way.

2. Also, my child PR would be issued (if everything goes on fine as expected) much before the expiry date of the PR card of my spouse and in that
case travel document will not be required or anything to do with appeal from outside Canada.

3. However considering that there is strong humanitarian and compassionate ground can visa officer at border or POE just reprimand her and not
report her for not meeting the residency obligation (Is it possible)? Do you know of such cases?

 

[CharlieD10]

1. So far as anything I have read goes, they follow up only when someone requests a travel document, they do not actively keep a file of PRs that shows how much time they have spent outside Canada. It is their right to get that information if needed, not their responsibility to track it otherwise.

2. If that is the case, then your wife needs to take the baby to Canada as soon as she has his visa. If this is the first 5 year period since you guys received your PR, then it will be easier for her to return. If this is not the first 5 years since you got your PRs, then it will be harder and she may be refused entry even if her PR card has not expired.

3. I don't know what H&C grounds your wife would be presenting at the airport, or what the officer's discretion allows them to do. I know they are supposed to file reports on returning PRs who may not have fulfilled their residency obligation.