In Canada - Not meeting residency requirement by a long shot

[neuroticdan]

Good evening;

I am a PR who does not meet the residency requirement (66 days today).

The reason I am in this position is that I had to leave Canada for four years, for family reasons.

I was able to return via a land-border entry with my expired PR card (I am not from a visa exempt country) -- I explained my situation to the immigration officers (secondary inspection, of course) and was let through with a warning to "go get this fixed".

As far as I understand, I am still a PR and am OK to live & work here. However, what will happen when I declare taxes next year? Won't the fact that I haven't done so for the past few years bring up any alerts?

Thanks in advance.

 

[steaky]

Who can predict what will happen? You need to find a prophet

 

[neuroticdan]

well, that was very concise. thanks, steaky!

 

[Leon]

CRA and immigration are not directly connected. If you ever filed taxes in Canada and left without notifying them, you need to set things straight with CRA. File taxes back in time if you have to. If you never worked in Canada before and never settled here, you would not have become resident for tax purposes in the first place and hence you would not have been expected to file.

If you have not been using your SIN for 5 years or longer, it may have been set to dormant status. In order to revive it, you would have to visit Service Canada, show ID and sign some papers.

Just avoid any contact with immigration for the next 2 years and don't leave Canada. After 2 years, you will meet the residency obligation again and can apply to renew your PR card without a problem. They are not allowed to go back in time and say that you did not meet the RO at an earlier point if they didn't catch you at that time.

 

[neuroticdan]

Thank you, Leon. Very clear.

 

[neuroticdan]

Although Leon, if indeed my SIN is "dormant", when I go to CRA to settle that (pay arrears, if any, etc.), won't they request a PR card?

I have it, but it's expired...

What I do have is a valid driver's license, my SIN card (no expiration date on it) and my COPR (from when I first landed).

Thanks again.

 

[HHH2000]

CRA and immigration are not directly connected. If you ever filed taxes in Canada and left without notifying them, you need to set things straight with CRA. File taxes back in time if you have to. If you never worked in Canada before and never settled here, you would not have become resident for tax purposes in the first place and hence you would not have been expected to file.

If you have not been using your SIN for 5 years or longer, it may have been set to dormant status. In order to revive it, you would have to visit Service Canada, show ID and sign some papers.

Just avoid any contact with immigration for the next 2 years and don't leave Canada. After 2 years, you will meet the residency obligation again and can apply to renew your PR card without a problem. They are not allowed to go back in time and say that you did not meet the RO at an earlier point if they didn't catch you at that time.

Just seconding, do not provide any information unnecessary to CRA or Service Canada, only say or provide documents what they want, prepare yourself with few Questions and Answers what they normally ask when some body wants to renew their ID or SIN. You must visit two three times to services Canada office and observe what they are asking people to provide then accordingly prepare yourself, try not to lie that would complicate the things, take some time if you require to prove your presence like have Tenant agreement, some bank letters posted at your address or some thing similar or even if you still have some ID valid keep it handy

 

[Leon]

Although Leon, if indeed my SIN is "dormant", when I go to CRA to settle that (pay arrears, if any, etc.), won't they request a PR card?

I have it, but it's expired...

What I do have is a valid driver's license, my SIN card (no expiration date on it) and my COPR (from when I first landed).

Thanks again.

You can only work with what you have to you'll have to see how it plays out. If anybody asks you for a valid PR card, tell them that you don't have one, only your COPR and your expired card. If they ask you why you don't renew your card, you can tell them that you are working on getting your application together which is not a lie, you are working on your days so you can apply to renew after 2 years but you don't have to say that. Or you can lie and say that you have already applied to renew but that the processing time is 5 months which is actually true at the moment. CRA and Service Canada are not in the position to check your application status to know if you have really applied to renew or not.

It is also good for you to know that there is no law in Canada that says you must have a valid PR card in order to live in Canada. Originally it was only meant for travel. If somebody really gives you a hard time about not having one, you can ask them to cite the law that says that you must.

 

[neuroticdan]

Thanks, Leon. Very helpful.

You just confirmed what I thought: no need or requirement for a PR card unless you're traveling abroad.