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Hi! New to this forum..advice reqd pls

Hi! New to this forum..advice reqd pls

Old Sep 5th 2017, 8:54 am
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Default Hi! New to this forum..advice reqd pls

Hi

Im new to this forum and have looked at the Newbies section as well.

My question is that myself and my wife have PR and are living in Canada.

We originally emigrated from the UK back in 2005 as a family but our 3 kids decided to go back shortly after to complete their studies in the UK, where they stayed with m mum and dad.

Now, after having graduated and working in the UK, they wish to come over to Canada and join us, but their original PR ran out years ago, although I still have our original landing documents.

What steps do the kids need to take to get their PR now and join us?
Is it just a matter of mentioning that they are landed already but only require new PR cards?

Pls advise.
Thank u
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Old Sep 5th 2017, 8:58 am
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by mobinagoin
What steps do the kids need to take to get their PR now and join us?
Is it just a matter of mentioning that they are landed already but only require new PR cards?
I'm afraid not. If they definitely haven't met their residency obligations and do lose PR status, they'd have to start from scratch and reapply for PR or another type of visa (i.e. work permit), if they're eligible to do so.

How old are the children now, and how much time have they spent in Canada? Have they definitely not spent enough time in Canada to maintain their PR status (730 days out of every 5 year period since landing) if they've been spending all holidays with you?

Last edited by christmasoompa; Sep 5th 2017 at 9:36 am.
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Old Sep 5th 2017, 2:45 pm
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Default Re: Hi! New to this forum..advice reqd pls

It sounds to me as though the kids must be in their 20s ....... old enough to make their own decision to return to the UK soon after 2005, graduated and working.
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Old Sep 5th 2017, 7:02 pm
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Default Re: Hi! New to this forum..advice reqd pls

Hi and thank you for your advice. Much appreciated.
The kids are now in the mid 20s roughly.

All have been working in the UK since graduation but now feel UK is not the place for them.

I realise they may have to apply from scratch, which shouldnt be a problem as me and wife are perm residents here, but somebody told me that even if your PR card expires, which is obviously the case with our kids, they have not lost their landed status....he said you cannot lose your landed status unless you commit a crime or something.

So can anyone tell us what to do now, pls? Do we apply for the kids ourselves or do the kids need to submit their own applications? I havent looked at the cic.gov.ca site yet.

Thank you in advance.

Originally Posted by christmasoompa
I'm afraid not. If they definitely haven't met their residency obligations and do lose PR status, they'd have to start from scratch and reapply for PR or another type of visa (i.e. work permit), if they're eligible to do so.

How old are the children now, and how much time have they spent in Canada? Have they definitely not spent enough time in Canada to maintain their PR status (730 days out of every 5 year period since landing) if they've been spending all holidays with you?
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Old Sep 5th 2017, 7:55 pm
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by mobinagoin
The kids are now in the mid 20s roughly.
Oh bum. I was hoping at least one of them might be under 22!

Originally Posted by mobinagoin
I realise they may have to apply from scratch, which shouldnt be a problem as me and wife are perm residents here
Unfortunately, that's not much help. You can only sponsor dependent children i.e. those aged under 22 (hence my question and response above). They'll need to qualify on their own merits.

Originally Posted by mobinagoin
but somebody told me that even if your PR card expires, which is obviously the case with our kids, they have not lost their landed status....he said you cannot lose your landed status unless you commit a crime or something.
Nope. It's sort of right as they are still PR's officially and the card has no bearing on the status. But you can lose PR status other ways than committing a crime, i.e. renounce that status themselves, or it's revoked for something like misrepresentation or not meeting the residency obligation.

The problem is that they haven't met the residency obligations to keep that status, so as soon as they try to enter Canada on their PR cards, the immi officer will spot that and start the process to revoke their PR. It's possible that one of them could get through immigration without the immi officer noticing (if they can do that, and then stay in Canada continually for 2 years without a single day outside, they could then renew their PR card and have 'proper' PR status again), but no way all 3 will manage it.

But as above, how much time have they actually spent in Canada each year since leaving? And have they been entering on their PR cards? There is a slim chance they are still PR's, so do check that first.

Originally Posted by mobinagoin
So can anyone tell us what to do now, pls? Do we apply for the kids ourselves or do the kids need to submit their own applications? I havent looked at the cic.gov.ca site yet.
They need to submit their own applications, if they're eligible. It's a whole different system now from when you applied. They can check out what they may qualify for on the CIC website (Do you want to come to Canada, or extend your stay?), if it says they can apply under Express Entry that's a good first step, but get them to check their scores on the CRS as well, as that will determine whether or not they are likely to get invited to apply for PR or not (they'll want over approx 430-450 as a rough guide).

HTH, good luck.
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Old Sep 7th 2017, 2:25 am
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Default Re: Hi! New to this forum..advice reqd pls

(I'm not an expert) but would they notice at the land border if they drove across? Fly to Buffalo and cross at Niagara or something? With my UK passport they don't spend much time looking the couple of times I've crossed.

Would they need ETAs?
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Old Sep 7th 2017, 7:28 am
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Smile Re: Hi! New to this forum..advice reqd pls

Originally Posted by Will_PA
(I'm not an expert) but would they notice at the land border if they drove across? Fly to Buffalo and cross at Niagara or something? With my UK passport they don't spend much time looking the couple of times I've crossed.

Would they need ETAs?
I don't think the would be allowed to board a Canada-bound flight with expired PR cards.

As they don't qualify for ETA (unless they renounce their old PR status), they'd have to use the land border entry from the US (and hope they're not asked too many questions).

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Old Sep 8th 2017, 2:56 am
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by Will_PA
(I'm not an expert) but would they notice at the land border if they drove across? Fly to Buffalo and cross at Niagara or something? With my UK passport they don't spend much time looking the couple of times I've crossed.

Would they need ETAs?
The always take a pretty good look at my passport at Douglas (Peace Arch) crossing.
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Old Sep 8th 2017, 5:06 am
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by Will_PA
(I'm not an expert) but would they notice at the land border if they drove across? Fly to Buffalo and cross at Niagara or something? With my UK passport they don't spend much time looking the couple of times I've crossed.

Would they need ETAs?
Perhaps have a Plan B in case this does not work.
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Old Sep 8th 2017, 3:18 pm
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by Will_PA
(I'm not an expert) but would they notice at the land border if they drove across? Fly to Buffalo and cross at Niagara or something? With my UK passport they don't spend much time looking the couple of times I've crossed.

Would they need ETAs?


....... and run the risk of being removed from Canada at some later date for entering under false pretences??
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Old Sep 8th 2017, 4:00 pm
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by scilly
....... and run the risk of being removed from Canada at some later date for entering under false pretences??
Just continuing for sake of argument (not advising) - i don't see any false pretence? What would they have done wrong. They've a right to enter. It's up to the government to rescind their PR. Even if their lack of presence is flagged and eventually PR revoked they're still residents now.
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Old Sep 8th 2017, 5:02 pm
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by Will_PA
Just continuing for sake of argument (not advising) - i don't see any false pretence? What would they have done wrong. They've a right to enter. It's up to the government to rescind their PR. Even if their lack of presence is flagged and eventually PR revoked they're still residents now.
The false pretense is if they rock up at the border, hand over a British passport hoping it isn't scrutinised, and say they're here to visit. Then, two years later, send off an app for their new PR cards they're entitled to as Residents.

If they turn up at the border, hand over their British passport and expired PR card, and way-back landing documents, they're guaranteed entry as PRs, there's no false pretense, and there's a very high chance of being reported for not meeting the Residency Obligation.
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Old Sep 8th 2017, 5:08 pm
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Default Re: Hi! New to this forum..advice reqd pls

Originally Posted by Vulcanoid
The false pretense is if they rock up at the border, hand over a British passport hoping it isn't scrutinised, and say they're here to visit. Then, two years later, send off an app for their new PR cards they're entitled to as Residents.

If they turn up at the border, hand over their British passport and expired PR card, and way-back landing documents, they're guaranteed entry as PRs, there's no false pretense, and there's a very high chance of being reported for not meeting the Residency Obligation.
Yes I was advocating the latter. I'm applying for PR now so no experience! Just people have said they've gotten through without it being flagged. I might be confusing lack of days in Canada, with expired PR card. Maybe this is much more obvious! Sorry if I've drifted the thread.
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