PR expires soon and moving to Canada

[madhgi12]

Hello,
I have a canadian PR card since 12/2010, expires 12/2015. I lived in Canada 15 days only when I landed (a week in 2011), and visited later for another 8 days in 2012. The reason I did this is, I got a job in the US few days before I was going to move to Canada, and I ended up in the US getting the green card and I am now a citizen. Recently, spouse would like us to move to Canada for family reasons (she is a US citizen).

We plan to move sometime in 2016, by then my PR would be expired. However, can I enter Canada with my US passport as a visitor, and live there for two years as a PR till I apply to renew it? Its my understanding that the PR status does not expire, but the "PR card" does.

Please advise
Thanks,
Hugo

 

[scylla]

You will have to cross into Canada and hope you are not reported for failing to meet the residency requirement. Since you are a US citizen, the chances are probably very high you will be able to enter without any issues. Assuming you are able to enter Canada without being reported, you will need to remain in Canada for 2 years straight without leaving to be able to renew your PR status. If you are reported, you'll have to appear at a hearing to argue why you should be allowed to keep your PR status. If you end up being reported/appearing at a hearing - you should fully expect to lose your PR status since you have no humanitarian and compassionate reasons for failing to meet the residency requirement.

The bigger issue is your family. They cannot "live" in Canada or "move" to Canada until they have PR. And you cannot sponsor them for PR until you meet the residency requirement (if you try sooner - you can expect your PR status to be revoked for failing to meet the residency requirement). So what this effectively means is that you will need to return to Canada, live there for 2 years, and only after 2 years will you be able to sponsor your family for PR. Until then all they will be able to do is come to Canada temporarily as visitors but certainly not live here or move here.

 

[madhgi12]

Thank you.

So, if I enter on a US passport, stay for 2 years and then apply for PR renewal, would they request copies of my US passport and complain that I entered with a visitor intention on a US passport? Or the fact that I stayed 730 days since the date I apply for renewal will just take care of it?

Your advice is much appreciated.

 

[scylla]

So, if I enter on a US passport, stay for 2 years and then apply for PR renewal, would they request copies of my US passport and complain that I entered with a visitor intention on a US passport? Or the fact that I stayed 730 days since the date I apply for renewal will just take care of it?

You are able to enter without being reported and remain for 730 days - then you should be able to renew without issue. (FYI - I would make sure you apply with a buffer of at least week rather than applying right at the 730 day mark.) When entering Canada, you should not lie / misrepresent your status in Canada (i.e. say you're not a PR).

 

[madhgi12]

Thanks!