PR issue

[ericlinyi]

Dear all,

I have a few questions about my PR in Canada, please help answer.

Background: My family was entitled Canada PR in Nov 2011. At the same time, I got a job in Singapore, so we decided to go to Singapore first, and planed to come back to Canada in 2 years. However, the plan has been changed, only did I stay in Canada for 3 weeks till now, because I had got my Master degree in Singapore, and I was bond by the company sponsorship. As my PR will be expired in Nov 2016, by then, I could not meet the criteria of renewing the my PR, now My family wants to leave Singapore and stay in Canada forever.

Questions

• As the PR is still valid, are we eligible to enter to Canada now?
  If yes, could we stay there forever, even though we are not eligible to renew our PR?
  Could we renew the PR if I present the bonding contract as well as the certifications of master degree? Just try to show them when we did not stay long enough in Canada.
  If our PR could not be renewed, after Nov 2016, will we become an illegal immigration in Canada? How will they treat us if they found us?
  If we will never leave Canada, could we apply for citizenship in 3 years? (by then we don't have any valid PR with us)
  Any advice or suggestion ?

 

[Rob_TO]

Since your PR card is still valid, you and your family can try to enter Canada. As PRs, all of you have a basic right to enter Canada.

However when you talk to the CBSA officer at airport, they may ask you questions to establish your residency history, and if they find out none of you meet the residency obligations you may be reported to CIC. This means at a later date you will need to attend a hearing with CIC where you can present any evidence you think will convince them to let you keep your PR status under H&C reasons, but in the end if they decide to revoke your PR it will be gone. You can always then try to apply again for PR if you qualify.

As I understand, neither school nor work is a valid reason to not meet residency obligation.

The other scenario is if at the airport the CBSA officer does NOT report you for whatever reason (it's entirely at their discretion), then you and your family would need to stay inside Canada for 2 straight years without leaving for any reason, and after 2 years your could renew your PR cards. After 4 years you could apply for citizenship.

So you would be taking a gamble upon entering Canada, if you will be reported or not. Some people are lucky and don't get reported, others are not so lucky.

 

[ericlinyi]

Thanks Rob,

Provided the PR would be revoked after the hearing, does that mean they will repatriate us, or we could still living there without PR?

If we are lucky enough and we will stay Canada for 2 years, there will be a certian period that we do not have valid PR with us, will that cost any problem for us to live there? Are you saying that we could still renew PR without a valid PR, as long as the stay obligation can meet.

Cheers

 

[Rob_TO]

Provided the PR would be revoked after the hearing, does that mean they will repatriate us, or we could still living there without PR?

If your PRs are revoked, you will need to leave Canada unless all of you can change your status to something else (visitor, student or worker). You can not "live" in Canada without PR status.

If we are lucky enough and we will stay Canada for 2 years, there will be a certian period that we do not have valid PR with us, will that cost any problem for us to live there? Are you saying that we could still renew PR without a valid PR, as long as the stay obligation can meet.

There may be some things you could find difficult to register for, without a valid PR card. But as long as all of you have your healthcards and SINs, I think those are the 2 main ones. You would need to make sure to register for everything you can while PR cards are still valid, as I'm really not sure what specific things you could need afterwards that require a valid PR card.

Once you meet the 2-years residency requirement, then you can apply to renew your PR cards. It doesn't matter if your previous cards have expired in the meantime.