residency obligation

[amanjeet]

Hi guys,

Me and my wife got PR of Canada on 21/7/2010.We lived for 1 month and came back .we both have got PR cards.Now we have got only 550 days left. Can we enter Canada and can we maintain our PR status if we live 730 days.will the visa officer allow us to enter.we have now got a child also. can we apply for his PR while in canada. she can come with us on visitor visa as she is Australian passport holder. plz help us guys

 

[Leon]

You can try it but as you do not meet the RO (residency obligation) it will be tricky.

1) When you enter Canada, it is possible that the immigration officer reports you for not meeting the RO. If they do, you will be allowed to enter but have 30 days to appeal for your PR. You may stay in Canada during the appeal process which can take 12-18 months. Time spent in Canada after being reported does not count towards the RO unless you win your appeal. If you lose your appeal, you will lose your PR and be asked to leave. Winning your appeal depends on the reasons why you were outside Canada so long. If you have mitigating reasons like taking care of a sick relative or your own health problems, you have a much better chance than if you stayed outside Canada because you had a really good job or because you wanted to study.

2) If you do not get reported on entry, you can go ahead and apply for health care, get a drivers license, get a SIN and everything else to get set up. Get a job and live quietly in Canada for the next 2 years until you have made good on your RO again.

3) Having a non-PR child is a problem. She can come with you on her Australian passport but in order to live in Canada, get health care etc. she needs PR. You can try to sponsor her for PR but if you are trying for 2), that is you were not reported and you want to live quietly in Canada for 2 years, you would have a problem because as you try to sponsor your child for PR, immigration will see that you do not meet the RO and you may be reported after all.

 

[amanjeet]

thanx leon for ur reply. can we hire a lawyer and appeal without cmg to canada and what is success rate of appeal process.

 

[Leon]

There is really no process to appeal when your PR cards are still valid. You would have to go and try your luck. You can announce at the border that you did not meet the residency requirements and want to get reported if you think you have a good chance at appeal. However, you will not know until 12-18 months later whether you win or lose the appeal. If you lose, you'll have to leave.

If your PR cards were lost or expired, you could apply for travel documents to return to Canada and in that case, immigration will decide while you are outside Canada if you get to keep your PR and return or not.

Your reasons for staying outside Canada are the key factor in an appeal. A lawyer can help you with the paperwork but they can not magically win the appeal if you did not have a good reason.

 

[rhetorisch]

Dear Leon,

My question is simple. My PR card expires in 2016. I have about 27 months to go. Logically, if I go there and live for 24 months any time during this period, my PR should be extended and no questions asked, right? Is it really that straightforward?

As far as my understanding goes, it need not be a continuous residence, right?

You might wonder why I did not start my residence there earlier. The reason is that my parther has a good job here and she is/was unwilling to move elsewhere.

Anyways kindly clarify my doubt
Many Thanks

 

[Leon]

Dear Leon,

My question is simple. My PR card expires in 2016. I have about 27 months to go. Logically, if I go there and live for 24 months any time during this period, my PR should be extended and no questions asked, right? Is it really that straightforward?

As far as my understanding goes, it need not be a continuous residence, right?

You might wonder why I did not start my residence there earlier. The reason is that my parther has a good job here and she is/was unwilling to move elsewhere.

Anyways kindly clarify my doubt
Many Thanks

Yes, if you go and stay for 24 months, you can renew your PR card.

Now, you are actually supposed to meet the RO for any rolling 5 year period including the first 5 years as a PR which is from your landing on 21/7/2010 until 5 years later, 21/7/2015. Since you have been outside Canada for more than 3 years, you are actually in breach of the RO right now. However, coming back with 27 months still left on your PR card, you will probably get away with it. You should still keep in mind that you are in breach of the RO and you will not meet the RO again until you have stayed your 24 months. With the excuse of a good job on your partners side, you have no chance of winning an appeal if it comes to that.

The 24 months stay doesn't have to be continuous but when you are in breach of your RO, it is always risky to leave and re-enter. Each entry could get your caught. Therefore, it would be best if you stay your 24 months in one stretch, then apply to renew your PR card, wait until you get it (might take around 3 more months) and then you can leave again for another 3 years without any worries.

 

[amanjeet]

Thanks leon

what are the chances of winning the appeal,if i decide to appeal from Australia,considering the fact I am alone in the country,having no family here.Only family member is in Canada and who are in the process of inviting parents(who are currently in India) over Canada.Considering the facts that I will lose all family forever,if would not be given the chance to reunite my family.

I accept that I should have thought 6 months earlier.but i still have complete intentions to come and reside in Canada,if Canada immigration allow us .Will this be considered as humanitarian and compassionate reason.

Many thanks

 

[Leon]

Thanks leon

what are the chances of winning the appeal,if i decide to appeal from Australia,considering the fact I am alone in the country,having no family here.Only family member is in Canada and who are in the process of inviting parents(who are currently in India) over Canada.Considering the facts that I will lose all family forever,if would not be given the chance to reunite my family.

I accept that I should have thought 6 months earlier.but i still have complete intentions to come and reside in Canada,if Canada immigration allow us .Will this be considered as humanitarian and compassionate reason.

Many thanks

No, as said, you can not appeal for anything while your PR card is still valid. If you really want to keep your PR, you should come to Canada now, hope they don't report you, stay for 24 months, apply to renew your PR card and then do what you want. Sponsor your wife and child for example.

Having only one family member in the world who lives in Canada is not entirely true because you do have a wife and child and to immigration, that is considered your family and not some relative that lives thousands of km away. Besides, you could have moved to Canada 1 year ago, 2 years ago or right after your landing.

If you are not ready to go to Canada now and fulfill your residency obligation, you can let your PR card expire, lose your PR status and at some point in the future, if you are ready to go back, you can check if you qualify to apply for PR again.

 

[amanjeet]

Thanks Leon

Suppose if i decide to go myself and considering the fact that i have expiry date on my PR card is May 2016.What are the chances of mine getting landed successfully in Canada and then I complete my 730 days then I sponsor my child and my wife.I s there any chance in this scenario.

Many thanks

 

[Leon]

Thanks Leon

Suppose if i decide to go myself and considering the fact that i have expiry date on my PR card is May 2016.What are the chances of mine getting landed successfully in Canada and then I complete my 730 days then I sponsor my child and my wife.I s there any chance in this scenario.

Many thanks

As you still have long validity of your PR card, I think it is less likely to get reported. If you get reported, it doesn't seem you have much chance of an appeal but if you don't, nothing is stopping you from living in Canada for 2 years with your still valid PR card and this would put your PR status back in good standing. Your wife and child could visit you in the meantime.

After 2 years, you can apply to renew your PR card based on having been in Canada at least 730 days in the past 5 years and they will renew it. If your wife wants to join you, she should apply for a travel document. She will probably be denied in which case you can sponsor her for PR and of course you can also sponsor your child. However, unless your wife and child want to join you, there is probably not much point sponsoring them for PR because they will only lose it again when they don't meet the RO in a few years. If you continue to stay in Canada, you could apply for citizenship. It's currently 3 years in Canada to qualify but they may change that and make it longer. However, it is not much of a family life for you to live in Canada and your wife and child on the other half of the planet.

 

[amanjeet]

thanks Leon

I think I have better chance of not getting caught for not meeting RO with an Australian Passport and valid PR card until May 2016.Meanwhile my wife and child can always visit for at least 3 months on Australian Passport every time they want to join me.

Meanwhile I will complete my obligation of 730 days and then file for sponsoring my wife and child.

your feedback is much appreciated.

regards