Residency Obligation

[daniel12321]

Hi,

1)
I receive 45000 US dollars from a US college annually (which I can prove with documentation). My parents wanted me to be economically independent after 18 so I made the choice of choosing to go to college in the US instead of Canada because going to a US college was obviously significantly cheaper. I wanted to go to canada after graduation but my expected date of graduation is June 2017 and my pr card expiration date is March 2016. I am aware that even if my card expires I am still a pr of canada but fail to fulfill my residency obligation and may be subject to losing my pr upon entering canada.

Would my economic circumstance be viewed by immigrations as a "humanitarian reason" resulting in my continuation as a permanent resident or a "life(college) decision" resulting in my pr getting revoked

2)
my brother is in a similar situation (he receives 65000 USD annually and had to be economically independent) he graduates in May 2015 and his pr card expires in July 2015 he is planning to go to a Canadian grad school. His pr card won't be expired when he enters canada but he is way short of fulfilling his 2years within 5 years rule. What are his chances of keeping his pr status?

any help would be much appreciated thank you!

 

[zardoz]

Hi,

1)
I receive 45000 US dollars from a US college annually (which I can prove with documentation). My parents wanted me to be economically independent after 18 so I made the choice of choosing to go to college in the US instead of Canada because going to a US college was obviously significantly cheaper. I wanted to go to canada after graduation but my expected date of graduation is June 2017 and my pr card expiration date is March 2016. I am aware that even if my card expires I am still a pr of canada but fail to fulfill my residency obligation and may be subject to losing my pr upon entering canada.

Would my economic circumstance be viewed by immigrations as a "humanitarian reason" resulting in my continuation as a permanent resident or a "life(college) decision" resulting in my pr getting revoked

2)
my brother is in a similar situation (he receives 65000 USD annually and had to be economically independent) he graduates in May 2015 and his pr card expires in July 2015 he is planning to go to a Canadian grad school. His pr card won't be expired when he enters canada but he is way short of fulfilling his 2years within 5 years rule. What are his chances of keeping his pr status?

any help would be much appreciated thank you!

Very simply, you "choose" to be outside Canada and thereby fail to comply with the residency obligation requirements, you forfeit any H&C exemption. If reported, I believe that the odds of losing your PR status is very high. You are fully aware of the ramifications of your lifestyle choices and the financial benefits thereof.

 

[scylla]

Economic circumstance are not accepted by CIC as a humanitarian reason for failing to meet the residency requirement.

If you want to keep your PR status, you and your brother will have to manage to re-enter Canada without being reported, remain in Canada for 2 years without leaving to meet the residency obligation, and then apply to renew your PR cards.