PR Card Renewal

[lotstolose]

Hi
I applied for the renewal of my pr card in March 2013. My card expires in August 2013. I do not have the requisite days due to work commitments. I am currently working at my company's Calgary headquarters. My job requires me to travel very frequently. Obviously I had to supply additional documents to prove my status in Canada. All documents were provided in June to my provincial CIC office. My questions are:

Should my pr card not get renewed and I am issued a removal order, what happens then. My spouse and my children live in Canada. I am the only earning member of the family. My kids tho not minors are in various stages of their education. My spouse is non-working. What happens to my property. Do I have to sell our family home and cars? What happens to my RRSP's and other investments?

Regards

 

[Leon]

Surely they will accept that you are working for a Canadian employer who is sending you away on business frequently.

Worst case, even if they did revoke your PR and tell you to leave, your wife and children would keep their PR as they meet the residency requirements and your wife could sponsor you again. Nobody will force you to sell anything and your RRSP stays right where it is, PR status or not.

 

[lotstolose]

Thanks Leon
Many thanks for reply. I only started to work for the Canadian Company from March 2013. Prior to that I was working in the US for a US company. My wife and kids have attained their Canadian Citizenship.

 

[Msafiri]

1. How many days have you claimed?
2. Do you have any days outside Canada together with your spouse post her Citizenship grant.
3. Are you visitor visa exempt to Canada or hold a US GC/ Visa?

 

[Leon]

If you had 1095 days outside Canada or more in your first 5 years as a PR and not enough days could be excused by working for a Canadian employer or accompanying a Canadian citizen spouse overseas, you would have been safer not trying to renew your PR card just yet.

You can still withdraw your application if you want to reconsider.

 

[lotstolose]

Hi Leon/Msafiri

I apologize for not giving a full background of my situation. Landed in 2002, because a permanent resident from 2004. Was in country full time until June 2006. At which point I lost my job and the only job I was able to get was for a US company. At that point my assignment was in Saudi Arabia. Continued with that company until I lost the job in December 2012. All assignments were based overseas like Europe, US, etc. In December I returned back home and then was able to find my current job with this Canadian company. I consulted for them (in the US) from March 2013 to June 2013 and then was taken on payroll.

When I applied for the renewal of my pr card in March I had 340 days in country. Taking into account that I am working for a Canadian Company I have since added 180 days and counting. This was conveyed to CIC when we sent them the additional documents that they requested. We have counted all days including whatever days were spent with accompanying my spouse (after she attained canadian citizenship) outside of Canada. I am not visa exempt. I hold an Indian Passport.

The main purpose of taking me on payroll was for again, lo and behold, a project in Saudi Arabia. But with the delay in processing times and the uncertainty of the outcome, I have no idea what to do. My employers would like me on the ground yesterday.

Although I do not look forward to leaving for Saudi without my renewed pr card, I have to make a choice. Keep my job and provide for my family in these uncertain economic times or give up my job and await the outcome. As mentioned earlier, I am the only earning member of the family.

We have consulted lawyers and we have been informed that we can withdraw the application. We have considered that option but that would mean that I cannot travel with an expired pr card. Hence I lose my job. The thought that I am not able to freely travel into Canada to see my family is numbing. Applying for a Single entry Permit is a process by itself and can be rejected if all boxes are not ticked.

I have religiously maintained only Canada as my home. Paid all my dues and taxes. Have mortgages for, until June 2013, two house at which point we sold one rental property.

We have contacted CIC numerous time but have received no updates since the case was forwarded to the local CIC office.

Thanks

 

[Leon]

You should definitely not have applied with 340 days. You have no chance of getting your PR card renewed at this point.

Basically, you will have to choose, withdraw your application and look for another job that keeps you in Canada in which case you can apply to renew your PR card again once you have 730 days or stay in your job, go to Saudi Arabia without your PR card, renounce your PR status and let your wife sponsor you again.

If she sponsors you through India, it will likely not take more than several months and you will have a brand new PR and can stay outside Canada up to 3/5 years again.

Canada immigration does give consideration if you can not meet the residency requirements because of Humane and compassionate grounds like taking care of a sick relative, sick parent etc. but having taken a job overseas they will see as your choice.

 

[lotstolose]

Hi Leon.

Yes I will have to make a decision soon.

Once again many thanks

 

[Dreamszalone]

Hi

What did you decided? and was you able to renew your PR Card I am in the same situation as yours.