PR status - can not stay more than 2 years

[ezlee]

I took a short-time landing on 2006/3, and received my PR card which valid until 2011/3.
For some reasons, I stayed outside Canada for these 3 years and never been to Canada so far.

My question is that:
Can I still return to Canada and find a job to work there? ( I can never stay more than 2 years within five years until 2011/3.)
If I can still return and find a job, how can I keep my PR status? Can I re-apply for a status? How long will it take if posible?

thanks in advance.

[vamsi001]

You lose your PR status if you have stayed more than 3years out of the 5years. Since march 2006 you have been out of canada!!!
This is more than 3years already!!! I don't think the IO would allow you to enter canada. You can try it, i have never seen anyone in your situation before, all i know is that the rule is clear ' Stay more than 3years outsid of canada within 5years, lose your PR status'If you want to still be a canadian PR, yo te-apply for it. Ther is no guarantee they will grant it to you anyway.

[Leon]

So are you committed to going to live in Canada now?  Why now if you weren't for the last 3 years?

If you try to go to Canada, chances are they will question your PR status when you arrive.  If they do this, they may let you in but give you 30 days to appeal the loss of your PR status, either prove that you have not been outside Canada for more than 3 years or apply to keep your PR due to Humane and compassionate reasons if you have any.  If this happens, it's unlikely that you will keep your PR status but you can agree that you have lost it and apply again if you still qualify under the new rules.

If they don't question your PR status and you get in, you can apply for a SIN and health care and look for jobs.  What you should do is stay for a full 2 years in Canada without leaving and do NOT apply for a new PR card until you have your 2 years because then you would meet the residency requirements again.  Immigration rules prevent them from checking further back than the last 5 years before you apply to renew.

[ezlee]

So are you committed to going to live in Canada now?  Why now if you weren't for the last 3 years?

If you try to go to Canada, chances are they will question your PR status when you arrive.  If they do this, they may let you in but give you 30 days to appeal the loss of your PR status, either prove that you have not been outside Canada for more than 3 years or apply to keep your PR due to Humane and compassionate reasons if you have any.  If this happens, it's unlikely that you will keep your PR status but you can agree that you have lost it and apply again if you still qualify under the new rules.

If they don't question your PR status and you get in, you can apply for a SIN and health care and look for jobs.  What you should do is stay for a full 2 years in Canada without leaving and do NOT apply for a new PR card until you have your 2 years because then you would meet the residency requirements again.  Immigration rules prevent them from checking further back than the last 5 years before you apply to renew.

Thank you for your answer.
I did not go to Canada because my wife was expecting a baby around May this year, and I did not want to leave her alone all around that period.
So you mean, if they stopped me when I enter custom, and I can appeal to keep my PR due to Humane? How long does that take after I appeal? Can I leave Canada during this period for a short time?

[Leon]

If they don't stop you, it would be advisable not to leave Canada even for a short time but to stay your two years until you meet the residency requirements again.  If you apply under humane and compassionate, there's no guarantee you would be approved but if you are trying to appeal your PR based on your being ready and committed to live in Canada now, you would want to stay in Canada to show that, not that you just want your PR reactivated so you can continue to live somewhere else.

You can also advise them that you know you have lost your PR and apply again.  If you qualify to apply under the new rules, it could take a year or two to get PR again.