PR Status

[TKY]

I landed with my wife and son in Canada in Dec 2011 and immediately returned to my home country.

I relocated my family in Mar 2013 and they have been in Calgary to date.

I am an Engineer and still work in home country and have been going back and forth Canada since moving family in 2013. I did apply for my PR in 2007 but did not come through till 2011. Between that time I got a very good job in home country. When I landed in 2011 i wasn't too sure I was going to proceed relocating family. I have been doing very well at workplace

I still work in home country mainly for 2 reasons: Firstly, cos I have a very good job which I have been sustaining my family with and secondly I needed the earnings to support my ill father. My wife could not find work until recently and moving to Canada without any of us having a job to sustain family was not an option.

Considering my going back and forth due to the reasons above I will not be able to meet my residency obligation of 730 days

It got a bit complicated cos I lost my PR card last year and applied for a replacement card (albeit with a new expiration of Dec 2019)

It seems due to this I have been flagged on the system and have always been referred to immigration anytime I am returning to the country. I was warned during my last entry a week ago that I may be reported on my next trip.

I understand the requirements for keeping my PR status but current situation makes difficult. How long can I hold this off. i.e reporting me?. The officer did mention cause my family is in Canada they were reluctant to report but will happen if i continue to go back and forth.

I plan to make a decision in the next couple of years either to relocate my family back or i do same to Canada. How long can I hold off for?. Cant i be allowed entry at least till my 5 years is up after when i wld have made a decision on the future?...Appreciate feedback

 

[zardoz]

I landed with my wife and son in Canada in Dec 2011 and immediately returned to my home country.

I relocated my family in Mar 2013 and they have been in Calgary to date.

I am an Engineer and still work in home country and have been going back and forth Canada since moving family in 2013. I did apply for my PR in 2007 but did not come through till 2011. Between that time I got a very good job in home country. When I landed in 2011 i wasn't too sure I was going to proceed relocating family. I have been doing very well at workplace

I still work in home country mainly for 2 reasons: Firstly, cos I have a very good job which I have been sustaining my family with and secondly I needed the earnings to support my ill father. My wife could not find work until recently and moving to Canada without any of us having a job to sustain family was not an option.

Considering my going back and forth due to the reasons above I will not be able to meet my residency obligation of 730 days

It got a bit complicated cos I lost my PR card last year and applied for a replacement card (albeit with a new expiration of Dec 2019)

It seems due to this I have been flagged on the system and have always been referred to immigration anytime I am returning to the country. I was warned during my last entry a week ago that I may be reported on my next trip.

I understand the requirements for keeping my PR status but current situation makes difficult. How long can I hold this off. i.e reporting me?. The officer did mention cause my family is in Canada they were reluctant to report but will happen if i continue to go back and forth.

I plan to make a decision in the next couple of years either to relocate my family back or i do same to Canada. How long can I hold off for?. Cant i be allowed entry at least till my 5 years is up after when i wld have made a decision on the future?...Appreciate feedback

It's very simple. If you don't meet the residency obligation requirements, you can be reported at any interaction with either CBSA or CIC. Sooner or later, your time will come... Once it does, you will have to appeal for your PR status not to be revoked, and economic reasons are usually not accepted as a valid excuse.

 

[TKY]

Thanks for your response. Can I at that point relinquish status?

 

[zardoz]

Thanks for your response. Can I at that point relinquish status?

Simply don't appeal. It will have the same results and may even be easier.

 

[Leon]

If the immigration officers at some point wish to report you, you can ask to relinquish your PR instead. After you officially lose your PR, your wife can sponsor you again. However, if you continue to live and work outside Canada, you will eventually have the same problem again. An alternative would be to apply for a multiple entry visit visa.

 

[TKY]

Leon,

Thanks for your feedback. I plan to apply for multiple entry visitors visa if i relinquish. My worry is I hope that dosent get too complicated also considering i was once a PR. Seems the most sensible way to go for me. Can one opt to relinquish at port of entry if they so desire to report me?. Can I raise that as an option at that stage?

 

[sansan]

I landed with my wife and son in Canada in Dec 2011 and immediately returned to my home country.

I relocated my family in Mar 2013 and they have been in Calgary to date.

I am an Engineer and still work in home country and have been going back and forth Canada since moving family in 2013. I did apply for my PR in 2007 but did not come through till 2011. Between that time I got a very good job in home country. When I landed in 2011 i wasn't too sure I was going to proceed relocating family. I have been doing very well at workplace

I still work in home country mainly for 2 reasons: Firstly, cos I have a very good job which I have been sustaining my family with and secondly I needed the earnings to support my ill father. My wife could not find work until recently and moving to Canada without any of us having a job to sustain family was not an option.

Considering my going back and forth due to the reasons above I will not be able to meet my residency obligation of 730 days

It got a bit complicated cos I lost my PR card last year and applied for a replacement card (albeit with a new expiration of Dec 2019)

It seems due to this I have been flagged on the system and have always been referred to immigration anytime I am returning to the country. I was warned during my last entry a week ago that I may be reported on my next trip.

I understand the requirements for keeping my PR status but current situation makes difficult. How long can I hold this off. i.e reporting me?. The officer did mention cause my family is in Canada they were reluctant to report but will happen if i continue to go back and forth.

I plan to make a decision in the next couple of years either to relocate my family back or i do same to Canada. How long can I hold off for?. Cant i be allowed entry at least till my 5 years is up after when i wld have made a decision on the future?...Appreciate feedback

Does he need to declare his income tax for the years that he is out of Canada

 

[Leon]

Leon,

Thanks for your feedback. I plan to apply for multiple entry visitors visa if i relinquish. My worry is I hope that dosent get too complicated also considering i was once a PR. Seems the most sensible way to go for me. Can one opt to relinquish at port of entry if they so desire to report me?. Can I raise that as an option at that stage?

Yes, if they want to report you, you can admit that you do not meet the RO and ask to relinquish your PR. However, if they report you and you don't appeal, it has the same effect.

Does he need to declare his income tax for the years that he is out of Canada

Being tax resident in Canada is based on a few things. One measure is living in Canada 6 months a year or more. However, one could still be considered tax resident if he is keeping a 2nd home in Canada where his family is living. His family is making use of Canadian public services such as free health care and free public schools and subsidized universities so yes, the tax man may consider that because of that, he is tax resident and should file taxes on his overseas income.

 

[Rob_TO]

eing tax resident in Canada is based on a few things. One measure is living in Canada 6 months a year or more. However, one could still be considered tax resident if he is keeping a 2nd home in Canada where his family is living. His family is making use of Canadian public services such as free health care and free public schools and subsidized universities so yes, the tax man may consider that because of that, he is tax resident and should file taxes on his overseas income.

Yes, becoming a non-resident and being exempt from Canadian taxes can be a very complex thing. Even if you don't spend a day in Canada in a given year, your income may be required to go through CRA if they consider you a deemed or factual resident based on family, home, financial accounts, etc in Canada. In these cases it's best to talk to an accountant experienced with residency issues.
Read here for more:
http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s5/f1/s5-f1-c1-eng.html
http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html

 

[TKY]

Does relinquishing complicate any immediate future application for multiple entry visit visa?

 

[Alurra71]

Does relinquishing complicate any immediate future application for multiple entry visit visa?

No. Many people send in the forms to relinquish their PR and include a visa application to be processed once the PR relinquishment is finalized.