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Author Topic: How exactly does one lose PR?  (Read 494 times)
joogle
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« on: September 07, 2009, 03:56:02 am »

I know that a permanent resident can lose PR status if he/she is absent from Canada for more than two years.  So, let's say a PR spent 25 months outside Canada.  What happens next?  What will happen when he/she tries to go through immigration at the port of entry in Canada? 

Is there any paper work to be done to reinstate PR?
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aanbaan
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Category........: FSW1
Visa Office......: New Delhi
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« Reply #1 on: September 07, 2009, 07:24:35 am »


you can be absent for 3 years in a block of 5 years. so, in 25 months of absence no one will say anything to you and you can walk into Canada asa PR.

yes, but if you are trying to enter afte being absent for 37 months, then they will not let you enter Canada because they will be sure that you would lose your residency status.
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My timelines: trackitt.com/member/aanbaan

I am not an expert. I have learnt from www.cic.gc.ca, EG7, OP6 and this forum. Use these resources and take your decisions.

Regards,
aanbaan
New2Canada
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« Reply #2 on: September 07, 2009, 07:26:40 am »

25 months is okay, provided you were not absent for another 12 months during those 5 years.
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Leon
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« Reply #3 on: September 07, 2009, 12:26:14 pm »

When you are entering Canada with a still valid PR card, there's always a question if you will get stopped or not.  They don't register you leaving, only coming so they might not know if you were gone 3 years or 3 weeks.  However, they have their ways of finding out about things and they will definitely not tell you what they are so you don't know what they know.  When you are coming back to Canada after 3+ years outside and you fill out that little customs form, you tell them how long you were gone.  If you lie, they may find out and use it against you later.  They may also ask you at passport control how long you were gone in the form of a friendly chit chat which can also be used to trip you up if you are not careful.  If you were in this situation, it might be easier for you to cross the border by land from the US.

If they do catch you on entry and question your PR status, they may decide that you have been outside Canada too long and that you don't get to keep your PR status anymore.  Apparently they will then let you into Canada and give you 30 days to appeal their decision, either prove you haven't been outside Canada that long or appeal on humane and compassionate grounds.

If they don't catch you on entry, the next check is when you apply to renew your PR card.  At that point, you will have to list your absences from Canada in the previous 5 years.  If you lie, like I said before, they may have their ways of finding out.  Lying to immigration is not very good when you get caught.  If you don't lie, then you have basically brought it to their attention if they didn't know it already that you lost your PR status.  Better would be not to renew your PR card until you meet the residency requirements again because if you apply for a new PR card with solid 2 years in Canada that you can prove, they are not allowed to look any further back.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
joogle
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« Reply #4 on: September 07, 2009, 12:36:34 pm »

Thanks guys for the answers.  I think Leon makes a good point about being truthful.  After all, old saying still holds, "honesty is the best policy".  Thanks again Smiley
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