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PR do not meet Residency Obligations

Loyal2016

Star Member
Mar 23, 2016
90
1
Hello Friends

I got my PR in 2011 and stayed in Quebec for 3 weeks.

I had to return back to because my wife was not staying with me and had to clear my divorce.

Then I got my divorce in June 2012 and then got married again in November 2015

After that my mum had an operation January 2016 and after she recovered I came to Canada to settle. My wife intends to join me if I get my PR

renewed.

Do you this these reasons will be sufficient to convince the IO officers.

What are the options I should consider.

Your help will be highly appreciated.

Kind Regards
 

Ponga

VIP Member
Oct 22, 2013
10,152
1,331
Job Offer........
Pre-Assessed..
Sorry, but have you already returned to Canada? You said that "after the surgery" you came to Canada.

If you have not returned yet...your only hope is that you can successfully re-enter Canada, without being reported by CBSA for non-compliance.

Even in your situation, you are still a PR of Canada and are thereby legally entitled to enter Canada (even if CBSA sees that you have not met the RO). If you are not reported, you would need to stay in Canada for 730 days, to automatically `fix' your problem. You would then be in compliance again.

Good luck!
 

Loyal2016

Star Member
Mar 23, 2016
90
1
Thanks Ponga

Yes I am already in Canada and I have my SIN number and today applied for my Health card too successfully.

Can I work safely in Canada without the risk being deported.

I want a honest approach so that I can live peacefully of any issue with IO.Also how can my wife joined me, she does not have any application yet for Canada.

Kind Regards
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
Yes you can work and stay without issue in Canada. Just don't leave again until you meet RO. And don't try to renew your PR or sponsor your wife until you meet RO.
 
Mar 26, 2016
14
0
Hi Loyal2016,

Could you tell us about your experience entering Canada this year ? Did you fly, drive, walk or swim ? What questions you were asked by the border agent, and what replies did you give him ?

Thanks.
 

Osama912

Star Member
Mar 19, 2016
56
9
PR do not meet Residency Obligations

Hi
I am 21 years old permanent resident of Canada since 2010, all my family are in Canada except me where I am studying medicine in my home country and (OSAP) supported me in my studying, I am in my 4th year I still need 2 years to graduate, I did my best with all Canadian universities to transfer to Canada to keep with my family in Canada and to maintain my PR status , but unfortunately all universities apologized to transfer me( I have their letters).
I get used visiting my family for 2 months /year so I have about 10 months only residency in Canada.
MY PR card has expired in DEC 2015 and I have valid USA visa.
My question is
If I come to visit my family for 2 months via USA land border with my family private car is there a chance to pass safely or they will reported me????/ and IF the officer reported me Can I ASK HIM TO STOP THE REPORTING PROCESS AND ASK HIM I WANT TO GO BACK AND I DO NOT WANT ENTER TO CANADA because I can't stay in Canada for hearing session in this time since my university starts on July 2016 and I do not want t lose this opportunity????/
Thank you in advance for your answer
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Osama912 said:
If I come to visit my family for 2 months via USA land border with my family private car is there a chance to pass safely or they will reported me????
They may report you or they may not. There is no way to tell until you actually try it.

and IF the officer reported me Can I ASK HIM TO STOP THE REPORTING PROCESS AND ASK HIM I WANT TO GO BACK AND I DO NOT WANT ENTER TO CANADA because I can't stay in Canada for hearing session in this time since my university starts on July 2016 and I do not want t lose this opportunity????
No it doesn't work that way. Once CBSA decides to report you, there is no stopping it. Coming to Canada or not is really irrelevant, once you are discovered for not meeting RO they can start proceedings to revoke your PR status whether you are in Canada or not.

If you are reported and then only stay in Canada a short time or leave immediately, I assume there would be no chance at all to keep your PR status as you wouldn't be there in person to appeal it based on H&C grounds.
 

Loyal2016

Star Member
Mar 23, 2016
90
1
Dear GodsGiftToCanada

Swimming would be difficult in this chilled weather :)

In fact all is automated, I was not troubled by immigration.

We have a machine that inspects your card and you have to fill some info and that's it.
 

JJS

Hero Member
Jan 29, 2011
359
94
I was in a similar situation in 2013. With only 3 months left for PR card expiry when I came to Canada. Lived and worked for 2 years and reapplied for PR card renewal. It was renewed without issues. No questions asked. The only point I would like to mention here is that PLEASE DONOT APPLY BEFORE COMPLETING 2 YEARS. You should be good to go. At the most they can consider your renewal file for secondary review but they would renew it anyway as you will not be breaching any conditions.

Hope this helps!
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Loyal2016 said:
Hello Friends

I got my PR in 2011 and stayed in Quebec for 3 weeks.

I had to return back to because my wife was not staying with me and had to clear my divorce.

Then I got my divorce in June 2012 and then got married again in November 2015

After that my mum had an operation January 2016 and after she recovered I came to Canada to settle. My wife intends to join me if I get my PR

renewed.

Do you this these reasons will be sufficient to convince the IO officers.

What are the options I should consider.

Your help will be highly appreciated.

Kind Regards
I don't these reasons will be sufficient to convince the IO officers because you could have returned to Canada after your divorce in 2012 and you did not. Your only chance to keep your PR now is stay for 2 years without leaving, without trying to renew your PR card and without applying to sponsor your wife.

Once you have two years, you meet the RO again and can apply to renew your PR card and sponsor your wife at the same time.
 

Loyal2016

Star Member
Mar 23, 2016
90
1
Hello Friends

Referring to my current situation.

Is there a way how can I make my wife who come to Canada.

Either by educational Visa or Work Permit or any other option.

Relying on your usual good advise.

K.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Loyal2016 said:
Hello Friends

Referring to my current situation.

Is there a way how can I make my wife who come to Canada.

Either by educational Visa or Work Permit or any other option.

Relying on your usual good advise.

K.
She can always apply for a regular TRV to come visit.

To work she will need to find an employer willing to hire her and go through LMIA process to hire her. Unless she has some skills in high demand, this route is unlikely.

To study she can enroll in a college or university course, then apply for a study permit. She'll need to pay international student fees.

Since you can't travel outside Canada or submit an app to sponsor her for 2 years, if none of the above work then you may need to be apart from your wife for a long time if you want to keep your PR status.
 

davidT321

Full Member
Feb 24, 2016
27
0
Leon said:
I don't these reasons will be sufficient to convince the IO officers because you could have returned to Canada after your divorce in 2012 and you did not. Your only chance to keep your PR now is stay for 2 years without leaving, without trying to renew your PR card and without applying to sponsor your wife.

Once you have two years, you meet the RO again and can apply to renew your PR card and sponsor your wife at the same time.
OK,byt he/Loyal2016/ already lost his PR status.He dont have 2y in 5y period.
Somewhere, sometime this will be noticed and he will be checked in detail and will be deported !
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
davidT321 said:
OK,byt he/Loyal2016/ already lost his PR status.He dont have 2y in 5y period.
Somewhere, sometime this will be noticed and he will be checked in detail and will be deported !
No that is wrong. You don't automatically lose PR status by not meeting the 2 in 5 years in Canada rule. If you can enter Canada without being reported by CBSA, then after waiting here 2 years without leaving you will be back in compliance with the residency obligation and can apply for renewal of your PR card.
 

davidT321

Full Member
Feb 24, 2016
27
0
Rob_TO said:
No that is wrong. You don't automatically lose PR status by not meeting the 2 in 5 years in Canada rule. If you can enter Canada without being reported by CBSA, then after waiting here 2 years without leaving you will be back in compliance with the residency obligation and can apply for renewal of your PR card.
Hmmmm :eek:.... Fore example,if immigrant not meet residency obligation byt enters Canada with valid PR card,after two years he can apply for new card ?
Can you give me a link ,where this is written ?