Travel back without meet RO, looking for suggestions!

[Claudio034]

Hi dear all,
I am a Canadian PR first landed in 2013 and the PR card is expiring October 2018. I have been back several times since 2013, but they were all short visits. I was studying here in US during last 7 straight years... The year I got my PR card, I was just accepted by the graduate school in US... So I decided to continue stay in US for school.
All right, last time I travel back to Canada was may, 2017. I was sent to secondary check in the airport, they questioned me and finally let me in. Now, I just finished schooling in US, and really wish to go back to Canada because my parents are living there... Not sure how to get back, because I have my wife here and a kid got born here last year.
I am thinking to let my mom come to pick up my wife (she has travelling visa) and kid. They can fly back to Canada. Then I will just drive my car thru one of the borders and try if I can get back in. Of course, I will have to import my car and deal with CBSA.
Really not sure what is the best way to make it work. I do understand there is some luck needed anyway. Still hope someone can provide me some suggestions.
Really appreciate!

 

[Buletruck]

You realize you won't be able to sponsor your wife and child until you meet residency requirements, and only if you aren't reported. That means no healthcare for them. The fact you were pulled into secondary, I would guess you have probably been flagged in the system and will find yourself in secondary again. Importing the car will only make it more obvious you haven't been living in Canada. You really are facing a "roll of the dice" as to whether you are reported or not, and as you have described, more luck than most others who avoid being reported..

 

[Claudio034]

You realize you won't be able to sponsor your wife and child until you meet residency requirements, and only if you aren't reported. That means no healthcare for them. The fact you were pulled into secondary, I would guess you have probably been flagged in the system and will find yourself in secondary again. Importing the car will only make it more obvious you haven't been living in Canada. You really are facing a "roll of the dice" as to whether you are reported or not, and as you have described, more luck than most others who avoid being reported..

I just feel it is easier for me just drive back...with my desktop, cloth and whatever... Not sure if it is reasonable. If I drive my car and import it, I will just tell them I am going back home and bring the car I purchased from US back to Canada... not sure what is going to happen... I am here to school, so I need a car... bought it, then bring it back... anything to be doubt about?

 

[Buletruck]

To be "Lucky", you really need to avoid things that draw attention to your moving home.....Like your worldly possessions. When they ask how long you have been out of the country, or do you meet RO, you do have to answer truthfully, or risk misrepresentation. If it was me, I'd be travelling as light as possible.

 

[SRIS]

You are asking forum members on ways to break the immigration rules. It is because of rule breaking does others get into unnecessary and time consuming secondary reviews.

 

[Buletruck]

You are asking forum members on ways to break the immigration rules.

Actually, he isn't. There is no immigration rule that says he can't enter through a land border (or any POE) without being compliant to RO. Whether he gets reported or not is a different matter. And whether you like the loop hole (I personally don't) or not, it is there are lots of PR's use it regularly to re-enter Canada. Again, it's all luck.

 

[SRIS]

Actually, he isn't. There is no immigration rule that says he can't enter through a land border (or any POE) without being compliant to RO. Whether he gets reported or not is a different matter. And whether you like the loop hole (I personally don't) or not, it is there are lots of PR's use it regularly to re-enter Canada. Again, it's all luck.

There is a RO. You need to be in Canada for 2 years out of five after you become landed immigrant. It is clear as black and white.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4


Cheating is definitely not equally to being lucky. The forum member has admitted to not meeting RO in his post.

 

[Buletruck]

And regardless of the RO, as a PR, he is guaranteed entry into Canada, whether he meets RO or not.

 

[Rob_TO]

I just feel it is easier for me just drive back...with my desktop, cloth and whatever... Not sure if it is reasonable. If I drive my car and import it, I will just tell them I am going back home and bring the car I purchased from US back to Canada... not sure what is going to happen... I am here to school, so I need a car... bought it, then bring it back... anything to be doubt about?

For your car, make sure the car is ready to be imported (so is modified up to Canadian safety standards, is owned outright so no loan on it, etc etc). I think at some border crossings you should make an appointment to import the car (there is lots of info online or on this forum on the topic). You will need to pay all taxes, fees, duties etc depending what province it's being imported to and where the car was made.

Note that if you're reported for not meeting the RO, there's a chance you'll have your PR status revoked in the next few years and asked to leave Canada, so would then need to import it back from Canada to USA.

And as mentioned, if you do get into Canada without being reported, you must then stay here 2 straight years without leaving even once for any reason, to come back into compliance with the RO. During these 2 years you can't sponsor your wife and kid, so they must continually apply to extend their visitor status and hope it's accepted. Your wife will be unable to work all this time (unless she can get a work permit independently). Heatlhcare coverage will depend on province, but in most provinces visitors are not covered so if this is the case you need 2+ years of travel medical insurance for them and they wouldn't be covered for routine things like checkups, vaccinations, etc etc.

 

[spyfy]

I just feel it is easier for me just drive back...with my desktop, cloth and whatever... Not sure if it is reasonable. If I drive my car and import it, I will just tell them I am going back home and bring the car I purchased from US back to Canada... not sure what is going to happen... I am here to school, so I need a car... bought it, then bring it back... anything to be doubt about?

I mostly just want to draw your attention to the very important points that Rob_TO raised. No matter if you get lucky and make it across the border unreported (and by what you are describing you need a loooooot of luck), I think you are underestimating the issues that your wife and kid will face regarding visa, work, insurance, ... until you are back in good standing.

 

[spyfy]

There is a RO. You need to be in Canada for 2 years out of five after you become landed immigrant. It is clear as black and white.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4


Cheating is definitely not equally to being lucky. The forum member has admitted to not meeting RO in his post.

It is not als clearly black and white as you think it is. You are quoting the IRCC FAQ which is always simplifying things. If you have a look at the IRPA (the Immigration and Refugee Protection Act, the actual low governing PR status in Canada) you will see that this is a way more elaborate issue than "2/5 or you're out".

Among other things, as other users have pointed out, a PR always has the right to enter Canada until his/her status is revoked, even if they are in breach of the RO. Even if they haven't been to Canada for 30 years. Even if they have no valid PR card. They only might lose the status later. Futhermore, even if someone is in breach of the RO and even if they get reported, there are Humanitarian and Compassionate cases where despite breaching RO, a PR is allowed to keep their status.

So it is simply wrong to claim that crossing the border as a PR when not meeting RO is in some way illegal, cheating or what not. What is illegal is if you lie to the officer at the Point of Entry. The OP has so far not voiced any intentions to do such a thing. If anything he seems to very much care about doing everything in order, even importing his car.

So please be more hesitant when jumping to conclusions. Luckily, FAQs are not part of Canada's legal system.

 

[jack grover]

Looks like your situation is similar to mine. You have PR and not meeting RO, but family don't have PR.

Express entry in one option you can try if you qualify and also renounce existing PR. Current express entry approval is around 6 months, then your entire family can become PRs without separation and all other vexing issues like healthcare, etc.

Alternatively you can get in after getting reported and admitted under H&C grounds. Then you can sponsor immediately. If you have a Phd, then it is in your favour. Please see link below.

http://canlii.ca/t/hqbp1

When are you planning to make the move?

 

[ZingyDNA]

I just feel it is easier for me just drive back...with my desktop, cloth and whatever... Not sure if it is reasonable. If I drive my car and import it, I will just tell them I am going back home and bring the car I purchased from US back to Canada... not sure what is going to happen... I am here to school, so I need a car... bought it, then bring it back... anything to be doubt about?

I think Bluetruck means importing your car make it more obvious you have not been living in Canada, which increases the chance of being reported for breaching the RO. If you're thinking about coming back to Canada without being reported to keep your PR, you should keep it as low key as possible, so not importing the car is the better bet...

 

[Claudio034]

Looks like your situation is similar to mine. You have PR and not meeting RO, but family don't have PR.

Express entry in one option you can try if you qualify and also renounce existing PR. Current express entry approval is around 6 months, then your entire family can become PRs without separation and all other vexing issues like healthcare, etc.

Alternatively you can get in after getting reported and admitted under H&C grounds. Then you can sponsor immediately. If you have a Phd, then it is in your favour. Please see link below.

http://canlii.ca/t/hqbp1

When are you planning to make the move?

i will definitely move in april, with my stuff finished here in US

 

[Claudio034]

For your car, make sure the car is ready to be imported (so is modified up to Canadian safety standards, is owned outright so no loan on it, etc etc). I think at some border crossings you should make an appointment to import the car (there is lots of info online or on this forum on the topic). You will need to pay all taxes, fees, duties etc depending what province it's being imported to and where the car was made.

Note that if you're reported for not meeting the RO, there's a chance you'll have your PR status revoked in the next few years and asked to leave Canada, so would then need to import it back from Canada to USA.

And as mentioned, if you do get into Canada without being reported, you must then stay here 2 straight years without leaving even once for any reason, to come back into compliance with the RO. During these 2 years you can't sponsor your wife and kid, so they must continually apply to extend their visitor status and hope it's accepted. Your wife will be unable to work all this time (unless she can get a work permit independently). Heatlhcare coverage will depend on province, but in most provinces visitors are not covered so if this is the case you need 2+ years of travel medical insurance for them and they wouldn't be covered for routine things like checkups, vaccinations, etc etc.

Thanks for replying Rob, I will get everything ready before I move. I honestly did a lot research already. I also called Canadian custom yesterday. Twice with 2 different officer, 1st one was rude and angry about my situation. 2nd one was really nice and helpful, did not say anything about RO... I think luck is a big thing here... I know I can not sponsor my wife and kids, but I have same problem within US... Spouse visa does not allow she to work...