Travel to canada - PR card

[contactniraj]

Hi folks, hope you are doing good and staying safe. we spent 3 years out of Canada until 2017 December, then we moved to Canada in 2017 December transferring my US job to Canada and then stayed in Canada until July 2019 (2 months break in between). We travelled to US in August 2019 to renew my child's visitor status in Canada and attend an official meeting (I worked for a US company in Canada) and were planning to come back to Canada before end of August (expiry date of PR card) and then we came to know that we were expecting our second child. Doctor advised not to travel for first few months and then we were worried to travel because of covid19 and also did not want to stress moving with pregnancy. In April 2020 our second child was born and now our child is 3 months old so we are trying to see how we can go to Canada. Can you please guide what options do I have? Any suggestion on which border crossing I should go to, I will be traveling from San Francisco. Also should I travel alone first and then call family or should we all go together. I am trying to see what will be easier at the border crossing.

 

[k.h.p.]

I assume you don't meet the residency obligation at this point in time? Looking back from August 2020, have you spent at least 2 years in Canada? Seems not - you spent from December 2017 - July 2019 (18 months max, taking into consideration your 2 month break) and then attended a meeting in the US August 2019 that kept you there for quite some time.

You could try at a border crossing but it may be tough if the border officer decides you are in breach of the RO.

 

[contactniraj]

Thanks @k.h.p.
Yes, I do not meet residency obligation. I have spent around 16 months before August 2019. Any suggestion on which border crossing I should go to, I will be traveling from San Francisco. Also should I travel alone first and then call family or should we all go together. I am trying to see what will be easier at the border crossing and what all I should prepare for.

 

[k.h.p.]

If you travel alone and try to "call family later" - assuming that they do not have PR status they either need to get a visa if they are visa-required OR you need to sponsor them. For you to sponsor them, you need to wait until you are compliant with the RO and then sponsor, which can take 1+ years.

As to border crossings, you just need to pick one. No one border crossing is better at this than another.

If you have genuine humanitarian and compassionate reasons why you couldn't meet the RO (the visa officers will be confused about the timeframe August 2019 to March 2020, as travel from San Francisco to Canada isn't necessarily arduous and medical care is free in Canada), then you should probably present them if asked at the border. We don't know, though there is a theory, that visa officers are likely to be lenient about COVID-related delays to return home but COVID is somewhat a stretch - staying in the United States, which is the epicentre of COVID, over COVID fears is a hard argument to make.

 

[Omar34]

I am no expert, but I don't think there is any border that is easier or better than another. It will all depend on your luck. I would say go as soon as possible and pray that you will be handled by an officer, who won't report you. If you manage to do that, then stay put in Canada until you meet the residency requirement.
If it is safe for your family to travel with you, I'd say travel with the family as this will show an intent to settle.
Good luck buddy!

 

[canuck78]

If you don’t get reported you can’t sponsor your 2nd child until you are compliant with your RO. In most provinces your child won’t qualify for healthcare coverage for around 3 years. You’ll need to pay for emergency coverage and pay for the routine appointments. Would actually pay for all appointments except really expensive ones because if you claim too many times you can lose coverage. Lots of people move while pregnant so that’s not a reason not to comeback to Canada and Covid wasn’t an issue last year. I assume you wanted both kids to have US citizenship.

 

[contactniraj]

Thanks @k.h.p. @Omar34 @canuck78 , As I am planning to travel soon and both my children are US born, do you think at this time they will be able to enter Canada as visitors until I can sponsor them in the future once RO is in compliance. Considering border closure for visitors, I am not sure about this.

 

[canuck78]

Thanks @k.h.p. @Omar34 @canuck78 , As I am planning to travel soon and both my children are US born, do you think at this time they will be able to enter Canada as visitors until I can sponsor them in the future once RO is in compliance. Considering border closure for visitors, I am not sure about this.

You shouldn't have issues but nothing is guaranteed thesw days.