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Residency requirements, Government in Canada, Bringing child born overseas...
Entering after 4 years on PR - Child US Citizen
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aryank2000 Posts: 1
Posted On: 5/16/2016
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Hi all --
My, my wife and kid got PR in 2012.
Official Landing was in May 2011.
Last entry date as PR was on Jan 1, 2013.
So, me my wife and my older kid all have our PR cards valid until 2017.
And in 2013, our second kid was born (US passport) ,and ever since we have not visited Canada.
Due to my wife pregnancy, surgery etc. Now, we plan to visit Canada and move permanently sometime in July 2016. Below is our status
me - PR card
My wife - PR card
older kid - PR card
younger kid - US citizens
I know its not easy, but what are our chances of getting entry into Canada?
What issues might we face at the Port of entry?
Any chances at all?
Please suggest.
Thank you for being patient in reading this.
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Moderator Moderator Posts: 4144
Posted On: 5/24/2016
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Hello,
Thank you for sharing your situation with us.
We can appreciate that you would be interested in this type of information.
When it comes to fulfilling the residency requirements, it has no correlation with the expiry date on the PR Card. The fact that a PR Card has not expired does not mean that a person has fulfilled their residency requirements.
You can find information on the process that is followed when entering Canada at the Port of Entry, in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
7.8 Examining Permanent Residents at a POE (Port of Entry)
When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.
Port of entry officers(POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).
In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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