2 Years left PR: Please suggest me what can I do!

[zero]

Hi,

I was Canada only for PR and got my PR in July 2008. It will expire in July 2013. I am outside in Canada since 2008 becuase of my job. Now the situation is like that for to meet my PR requirments ( 730 days)  I should need to be Canada July in this year but my daughter has one year left to finish her final school exam. It is very urgent for her to finish her study otherwise it will be hurmful for her. What can I do in this situation? I don´t want to miss my PR at the same time I can´t left my daughter alone here. Please give me some suggestions.

[Leon]

You have to choose which is more important, your PR or your daughters studies.  How old is she and what is she studying?  If she is of high school age, she can go to a Canadian high school and it will not be harmful to her.  If she is older, she can stay behind alone while you go and save your PR.  When she is ready to join you, if she gets in without any questions, she just has to stay 2 years before she can apply to renew her PR card and if she gets caught and loses her PR, you will be able to find a way to sponsor her.

[lilith]

Hi everyone!
I need to now about how much I risk if I don't meet the residency obligation (the 730 days on 5 years).
I learned a lot about this forum and I understand that the easy  way to renewing my PR is to start the application only when I have the 730 days presence in the past 5 years .
I'm in Canada for the moment bud I am a student abroad and unfortunately I'm not done yet (the reason why I can't wait 730 days). I was  a student at the time  I became a PR in Canada and I was recommended from the officer who interview me to continue my studies and then move to Canada. Now after years my PR is going to expire soon and I understand that I do have a problem. My question is: Is my situation justifiable if I make my application without heaving those days ?
Thanks in advance !

[Leon]

Who advised you to finish your studies before moving to Canada?  Since you must live in Canada 2 out of 5 years to keep your PR, if you had 3 years or less left of your studies, that would have been ok but if you had more, bad idea.

If you apply for your PR without having the 730 days in the past 5 years, they will send you to residency questionnaire and that means your application will take forever and they will call you in for an interview and make you explain what is so special about your situation that you should not be subject to the same rules as everybody else.  You can say you were studying, they can say you could have studied in Canada.  I think you are really better off waiting until you have your 730 days before you apply to renew.

[foto135]

Hi Leon:
I have almost the same situation as member "zero", and would like your opinion:

My wife and I got the PR in October 2008 while in Montreal and left the country by the end of that month. Our intention was to return to our home country to complete unfinished business (sell the house and job arrangements), by the time we were doing so we found my wife was pregnant. As we do not have any relatives in Canada and not any work relationship we decided to stay and have our baby in our home country since we have all the medical insurance and family around. Now that our daugther is 2 years old we want to move to Canada. We were doing some research on the way we can take our baby and the only way we found was to sponsoring her, but to do that (according to the information we got) we have to do it from inside Canada. None of us is leaving in Canada.
By the end of October 2011, we will be reaching 3 years of living outside Canada. I have the following questions:
1) Is there a way to extend the period of living outside without losing the PR condition?
2) Is it better to apply all over again once we reach end of October 2011?.

Thank you in advance for your comments.

[Leon]

1) Is there a way to extend the period of living outside without losing the PR condition?

No.

2) Is it better to apply all over again once we reach end of October 2011?.

Immigration did not fit you with a GPS tracker so you do not instantly lose your PR once you have been outside Canada for 3 years.  Instead, you would have to officially relinquish your PR before you can apply again.  If you are serious about moving back to Canada, contact the Canadian embassy where you live and apply for a TRV for your daughter to accompany you so you can sponsor her from inside.  If they refuse, apply for a TRP.  Some people have gotten them for their kids needing to be sponsored.

If you get it, go to Canada with your daughter and sponsor her.  If you don't get it, one of you must go to Canada first and sponsor the child.  This may take several months.  In the meantime, the other parent will not be meeting the residency requirements any more, however, when they arrive in Canada with a still valid PR card, immigration will always let you in but they can decide to report you for not meeting the residency requirements.  If they do, you can appeal it.

If you find yourself in Canada with a valid PR card and not meeting the residency requirements, nothing will really happen to you.  You can just go about your life, business as usual.  When the PR card expires, nothing will really happen either.  Therefore, it is advised not to try to renew your PR card if you don't meet the residency requirements but rather wait until you do.

[foto135]

Leon, thank you for your response. We will need to do some serious decisions now.

Just as a matter of clarification, in relation with my second question, if I want to start an immigration process from scratch (as a qualified professional) after 3 years of elapsed time outside Canada, I would need to give up my PR status first (as it expires in 2013).

I apologyze if making silly questions, it is just that there is very little help I found locally.

[Leon]

Leon, thank you for your response. We will need to do some serious decisions now.

Just as a matter of clarification, in relation with my second question, if I want to start an immigration process from scratch (as a qualified professional) after 3 years of elapsed time outside Canada, I would need to give up my PR status first (as it expires in 2013).

I apologyze if making silly questions, it is just that there is very little help I found locally.

That is right.  You can not apply for PR while you are still a PR.

[foto135]

Thank you Leon. Much appreciated.