URGENT HELP PLZ!!

[canicomeinplz]

Hi All,

Me and my wife landed in Canada 2 years ago and lived only few weeks than we left.

As now our PR RO is about to breach, hence we decided atleast one of us go there to save our PR. Now my mrs [PR] n baby [Non PR] will go to Canada on visa exempt passport. Than my wife will apply for our baby's sponsorship meanwhile I will continue to work outside Canada.

1#I am planning to do frequent visits to my wife n baby until I join them permanently, but I have a non-visa exempt passport and once RO is breached would that be a problem entering into Canada, even my family already living in Canada?
2#How long will it take for my baby to have the PR approval? because on visa exempt passport maximum he can stay 6 months legally...will he get the PR issued within six months?

3#When my RO will be breached, but family already living there, would it be possible for my parents to apply visit visa and meet there grandchildren over there? or because I am not living in Canada and RO is breached would there visa will be rejected or there visit application will cause me any trouble by highlighting my PR RO issue?

Please HELP I am really confused :'(

 

[Rob_TO]

1#I am planning to do frequent visits to my wife n baby until I join them permanently, but I have a non-visa exempt passport and once RO is breached would that be a problem entering into Canada, even my family already living in Canada?

As a PR you are guaranteed entry to Canada whether you meet the RO or not.

However once you no longer meet the RO, each time you enter Canada you face risk of being reported by CBSA. If this happens you are still allowed to enter, but would then be called to a hearing with CIC where they may revoke your PR status if you don't have a H&C reason to support not meeting RO.

The same thing could happen each and every time you try to enter Canada as PR not meeting RO. Also once your PR card expires, you will no longer be able to fly directly to Canada. You would need a PR Travel Doc, which would trigger investigation into your RO and most likely revoking your PR status.

In case you do lose your PR status due to not meeting RO, your wife could always sponsor you again for PR under family class.

2#How long will it take for my baby to have the PR approval? because on visa exempt passport maximum he can stay 6 months legally...will he get the PR issued within six months?

It will most likely take longer than 6 months. However for visa-exempt visitors, it is usually a very simple process to extend visitor status an additional 6 or even 12 months, while staying in Canada and with a PR app in progress.

3#When my RO will be breached, but family already living there, would it be possible for my parents to apply visit visa and meet there grandchildren over there? or because I am not living in Canada and RO is breached would there visa will be rejected or there visit application will cause me any trouble by highlighting my PR RO issue?

Your parents can apply for a TRV under their own merits. It should not automatically trigger an investigation into your own PR status as there is no need to list your own residence history in their TRV app.

 

[canicomeinplz]

Thanks Rob.

1#Is it difficult for a house wife to sponsor husband?

2#would she need to meet some salary criteria?

3#how long does it take?..as it will further impact our family separation

4#I may get a non-visa exempt passport later on at some point, so even my RO breached can I still travel to canada to meet wife n kids while my application for sponsorship is already in process?

5#Can my wife sponsor me after her PR renewal or she has to wait another year to be a citizen for my sponsorship?

6# You must have seen cases like these before, I have two choices, what you reckon would be more practical n achievable?

A- Send wife n child to Canada before breaching the RO
B- Let the RO breached dont send wife child alone, once I get my non-visa exempt passport than I take my chances and travel back to Canada
hoping for a smooth entry than wife n child can visit me frequently until I re-sponsor them.

7# If parents dont mention me in the application as sponsor, wouldnt it reduce there chances of successfully getting a visit visa?




It would be much appreciated if you can answer all my queries.

 

[Rob_TO]

1#Is it difficult for a house wife to sponsor husband?

2#would she need to meet some salary criteria?

There is no income requirement. A sponsor just needs to convince the visa officer that they or the applicant will not need to go on social assistance after arriving in Canada. People have been successful in sponsoring spouses, even though they were unemployed or a student at the time.

3#how long does it take?..as it will further impact our family separation

Depends on the visa office processing the application, but typically around 1 year, sometime less and sometimes more.

4#I may get a non-visa exempt passport later on at some point, so even my RO breached can I still travel to canada to meet wife n kids while my application for sponsorship is already in process?

Sure, if you have your PR revoked and go through app for new PR, you can certainly enter Canada as a visitor while that app is processing. Either on your visa-exempt passport, or with a TRV if you require a visa.

5#Can my wife sponsor me after her PR renewal or she has to wait another year to be a citizen for my sponsorship?

She can sponsor you as PR as long as she meets RO. The only requirements as a PR sponsoring a spouse, is the PR must remain resident in CAnada during the processing (but can leave for short/temporary vacations).

6# You must have seen cases like these before, I have two choices, what you reckon would be more practical n achievable?

A- Send wife n child to Canada before breaching the RO
B- Let the RO breached dont send wife child alone, once I get my non-visa exempt passport than I take my chances and travel back to Canada
hoping for a smooth entry than wife n child can visit me frequently until I re-sponsor them.

If you choose B, then when you travel back to Canada while in breach of RO, you run the risk of being reported by CBSA, facing a hearing with CIC, and having your PR revoked.

If you are not reported then you can enter Canada and keep your PR status, but in this case you should not leave Canada again for any reason for 2 years (or you could be reported next time you re-enter), and you must be in compliance with RO before you can sponsor your family so would need to wait 2 years in Canada before you can even begin the sponsorship process.

So A. seems like the better choice as there is less risk, and less time to wait in case you need sponsoring again (as long as she stays compliant with RO).

7# If parents dont mention me in the application as sponsor, wouldnt it reduce there chances of successfully getting a visit visa?

They can mention you. I was just saying in mentioning your own PR status on your parents app, there is no need to list your own residence history so there is no reason CIC would automatically launch an investigation into your RO due to your parents visa app. Of course it's always a possibility, no matter how small.

 

[KITTI]

Hello
Please Rob_TO can you answer me it is urgent.
I would like to take your professional opinion concerning a friend of mine.
She landed in July 2010, and until this date all she spent in Canada was about 3months total. She was taking care of her mum back home because she was sick. Now her mum passed away and she wants to go back to Canada and stay permanently. Her PR is still valid till August 2015. Can she travel back or will she face a problem in the airport. She knows that if she applies for a PR card renewal they will refuse it because she did not meet the RO but once she enters she will stay there for 5 consecutive years. But again the big question will they let her in? What are her chances?
Thank you

 

[Rob_TO]

Hello
Please Rob_TO can you answer me it is urgent.
I would like to take your professional opinion concerning a friend of mine.
She landed in July 2010, and until this date all she spent in Canada was about 3months total. She was taking care of her mum back home because she was sick. Now her mum passed away and she wants to go back to Canada and stay permanently. Her PR is still valid till August 2015. Can she travel back or will she face a problem in the airport. She knows that if she applies for a PR card renewal they will refuse it because she did not meet the RO but once she enters she will stay there for 5 consecutive years. But again the big question will they let her in? What are her chances?
Thank you

First understand I am not a professional. Like everyone else here, I am just some random person posting on a message board!

Since her PR is still valid, she can certainly fly back to Canada. The big risk here is that once at Canadian airport, CBSA may inquire as to why she was outside Canada for so long. And they may or may not report her for not meeting residency obligation.

If she is not reported and CBSA simply lets her in, then she can stay in Canada for 2 straight years and only then apply to renew her PR card. It's ok if the PR card expires in the meantime. During these 2 years and until she gets new PR card, she should not leave Canada for any reason whatsoever.

If CBSA questions her on RO, then she should also have prepared all the medical history and reports from her mom going back the past 5 years, that would show a H&C reason that she wasn't able to meet RO. The more info from doctors, hospitals, etc the better. If CBSA feels the H&C reason is justified, they will let her in without reporting her. If they don't agree it qualifies her for H&C, then they will report her.

If reported, she will still be allowed in to Canada. However she will then need to attend a hearing with CIC where a decision will be made to revoke her PR status or not. At this time she can again present her H&C reasons, but no guarantee CIC won't revoke her PR status.

There is no telling the chances of what will happen. Some people report CBSA is tough on them and report them, others have reported CBSA doesn't care and has just let people in even though they don't meet RO. It really depends on the specific CBSA officer you get.

 

[KITTI]

First understand I am not a professional. Like everyone else here, I am just some random person posting on a message board!

Since her PR is still valid, she can certainly fly back to Canada. The big risk here is that once at Canadian airport, CBSA may inquire as to why she was outside Canada for so long. And they may or may not report her for not meeting residency obligation.

If she is not reported and CBSA simply lets her in, then she can stay in Canada for 2 straight years and only then apply to renew her PR card. It's ok if the PR card expires in the meantime. During these 2 years and until she gets new PR card, she should not leave Canada for any reason whatsoever.

If CBSA questions her on RO, then she should also have prepared all the medical history and reports from her mom going back the past 5 years, that would show a H&C reason that she wasn't able to meet RO. The more info from doctors, hospitals, etc the better. If CBSA feels the H&C reason is justified, they will let her in without reporting her. If they don't agree it qualifies her for H&C, then they will report her.

If reported, she will still be allowed in to Canada. However she will then need to attend a hearing with CIC where a decision will be made to revoke her PR status or not. At this time she can again present her H&C reasons, but no guarantee CIC won't revoke her PR status.

There is no telling the chances of what will happen. Some people report CBSA is tough on them and report them, others have reported CBSA doesn't care and has just let people in even though they don't meet RO. It really depends on the specific CBSA officer you get.

thank you very much Rob_TO I appreciate your quick response but I think she did a big mistake she just told me that she applied for the renewal of her PR and sent the whole package in DHL from her home country. What will happen in this case will she still be able to travel this current month. Sorry for bothering you again.

 

[KITTI]

Just an additional note she sent the application last week.

 

[Rob_TO]

thank you very much Rob_TO I appreciate your quick response but I think she did a big mistake she just told me that she applied for the renewal of her PR and sent the whole package in DHL from her home country. What will happen in this case will she still be able to travel this current month. Sorry for bothering you again.

First off, you must submit a PR renewal application from within Canada. If CIC notices it was sent from outside Canada, they may simply refuse it based on that. See here: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp
Assessing your eligibility
To be eligible for a PR Card, you must:
be a permanent resident of Canada
be physically present in Canada

Permanent Residents outside of Canada
If you are currently outside Canada and do not have a valid PR Card to return to Canada, you will need to obtain a travel document from a Canadian visa office. An application is available on our website.

Important information: Once you have returned to Canada, you should apply for a PR Card.


Second, once CIC opens the renewal app there will be an automatic investigation into her RO. If her H&C reason is not suitable enough to CIC (did she even submit all the medical info of her mom, in the application??), then not only will her PR renewal be denied, but her PR will be completely revoked as well.

She will need to hope/pray that CIC sees it was mailed from outside Canada, and just returns the package without even opening it (though I have no idea their actual policy on what they do in this situation) so they won't discover her lack of days in Canada.

She really should have tried to enter Canada first without being reported, and stayed under the radar for 2 years. It was a big mistake to apply for renewal when she is nowhere close to having the 730 required days of residency.

In the meantime though, as long as her PR card is still valid she is free to travel to Canada anytime. Since she's already submitted the renewal app it really doesn't matter if she's reported or not by CBSA anymore.

 

[KITTI]

First off, you must submit a PR renewal application from within Canada. If CIC notices it was sent from outside Canada, they may simply refuse it based on that. See here: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp
Assessing your eligibility
To be eligible for a PR Card, you must:
be a permanent resident of Canada
be physically present in Canada

Permanent Residents outside of Canada
If you are currently outside Canada and do not have a valid PR Card to return to Canada, you will need to obtain a travel document from a Canadian visa office. An application is available on our website.

Important information: Once you have returned to Canada, you should apply for a PR Card.


Second, once CIC opens the renewal app there will be an automatic investigation into her RO. If her H&C reason is not suitable enough to CIC (did she even submit all the medical info of her mom, in the application??), then not only will her PR renewal be denied, but her PR will be completely revoked as well.

She will need to hope/pray that CIC sees it was mailed from outside Canada, and just returns the package without even opening it (though I have no idea their actual policy on what they do in this situation) so they won't discover her lack of days in Canada.

She really should have tried to enter Canada first without being reported, and stayed under the radar for 2 years. It was a big mistake to apply for renewal when she is nowhere close to having the 730 required days of residency.

In the meantime though, as long as her PR card is still valid she is free to travel to Canada anytime. Since she's already submitted the renewal app it really doesn't matter if she's reported or not by CBSA anymore.

thank do you think it is not worth it anymore for her to try traveling there because her chances are very low?

 

[KITTI]

Moreover I heard that they won't process the application before 5 or 6 months from today

 

[KITTI]

A final question might a job offer help in this case?

 

[Rob_TO]

thank do you think it is not worth it anymore for her to try traveling there because her chances are very low?

She can still travel back to Canada before her current PR card expires. And she will be allowed entry.

However if CIC eventually revokes her PR, it will be whether she is inside Canada or not. If she's in Canada then if her PR is revoked she will need to find some other status (visitor, worker, student) to stay here with, or return back to home country and try to apply for PR from scratch again.

And no, having a job here makes absolutely no difference when it comes to meeting RO.

 

[KITTI]

She can still travel back to Canada before her current PR card expires. And she will be allowed entry.

However if CIC eventually revokes her PR, it will be whether she is inside Canada or not. If she's in Canada then if her PR is revoked she will need to find some other status (visitor, worker, student) to stay here with, or return back to home country and try to apply for PR from scratch again.

And no, having a job here makes absolutely no difference when it comes to meeting RO.

sorry Rob for all those questions but if stays there on a working visa for 2 or 3 consecutive years might she apply for a PR ( I mean if her PR was revoked)?

 

[Rob_TO]

sorry Rob for all those questions but if stays there on a working visa for 2 or 3 consecutive years might she apply for a PR ( I mean if her PR was revoked)?

When she's a PR, she can work for whoever she wants at anytime.

However if she loses PR status, she would need to stop working immediately and would only be able to work if she obtained some kind of open work permit via a working holiday/IEC program, or if she got a closed work permit from a specific employer that went through LMIA process. Both can be extremely difficult to do.

If she loses her PR status, she is certainly free to try applying again for new PR from scratch. She would need to do research on current immigration streams, and how to qualify for them.