Residency Requiremnets for PR Card Holders - PLS.ADVISE

[aarvee]

I along with my wife and 2 sons aged 20 and 12 are landed immigratnts of Canada. Our landing date is July 2005 but never stayed in Canada other than short stays (55 days in 2008) and few months here and there in 2007.

I am on H1 B in USA. Now, all of us are planning to move to Canada before the expiry of our PR Cards in July 2010.

Are there any options available for extenstion of PR Card or what is the other way for us to enter legally to Canada?
Can we enter legally?
Can we bring our cars and house hold stuff while moving?
Will it be legal to move before July 2010?

My eldest son has already migrated to Canada (not the one mentioned above) and has applied for his citizenship and has his Citizenship Test scheduled soon.

Can he sponsor us once he becomes citizen including his 2 younger brothers ages 20 and 12? He is still a student though.

A line in reply from GURUS will be hghly appreciated.

 

[imigrate]

I don't know how long did you stay in Canada in 2007, you mentioned a few months.
It seems that you have been out of Canada for more than 3 years since you became PR, which means you will not be able to complete 730 days of residency in Canada. You may have lost your PR status.

There is no sponsorship for citizenship. You have to be eligible for it by fulfilling physical residency in Canada by staying 3 years in the past 4 years.

 

[Leon]

Calculate the days you have stayed in Canada so far. If you have not been outside Canada for more than 1095 days since you got your PR, you are still ok. If you have, then you have already lost your PR.

The good news is that immigration probably doesn't know that yet. If you go back to Canada now and they don't catch you at the border suspecting you of not having lived in Canada enough, then you can save your PR. What you would have to do is arrange all the things you need a PR card for, SIN if you didn't already get one, health care, drivers license etc. before the PR card expires and then let it expire and not leave Canada and not apply for a PR card renewal until you have at least 730 days in Canada in the last 5 years and can prove it. Immigration regulations forbid immigration to question your status while you are in Canada unless you apply to renew so as long as you don't leave and don't try to renew, you are safe and in 2 years, your status will be good again and you can get a new PR card.

You can bring your cars and household items but you do need to make a list of everything you have with you and it's approximate value as per if you were to sell it at a garage sale. Include serial numbers on everything that has one. If your cars are leased, you will have problems bringing them because it's unlikely that the leasing company will allow you to import them to Canada since they will have a hard time billing you there.

As imigrate said, there is no sponsorship for citizenship. If you had lost your PR, your eldest son whether he is a PR or a citizen, could sponsor you for PR as well as the younger brothers but he would need to be making around $45,000 a year and it would take years.

 

[Alabaman]

Immigration regulations forbid immigration to question your status while you are in Canada unless you apply to renew so as long as you don't leave and don't try to renew, you are safe...

What about if you try to sponsor a family member e.g. your spouse? Will they want you to proof that you meet PR residency obligations or you have to wait for 2 years before "you get married"?

 

[aarvee]

Calculate the days you have stayed in Canada so far. If you have not been outside Canada for more than 1095 days since you got your PR, you are still ok. If you have, then you have already lost your PR.

The good news is that immigration probably doesn't know that yet. If you go back to Canada now and they don't catch you at the border suspecting you of not having lived in Canada enough, then you can save your PR. What you would have to do is arrange all the things you need a PR card for, SIN if you didn't already get one, health care, drivers license etc. before the PR card expires and then let it expire and not leave Canada and not apply for a PR card renewal until you have at least 730 days in Canada in the last 5 years and can prove it. Immigration regulations forbid immigration to question your status while you are in Canada unless you apply to renew so as long as you don't leave and don't try to renew, you are safe and in 2 years, your status will be good again and you can get a new PR card.

You can bring your cars and household items but you do need to make a list of everything you have with you and it's approximate value as per if you were to sell it at a garage sale. Include serial numbers on everything that has one. If your cars are leased, you will have problems bringing them because it's unlikely that the leasing company will allow you to import them to Canada since they will have a hard time billing you there.

As imigrate said, there is no sponsorship for citizenship. If you had lost your PR, your eldest son whether he is a PR or a citizen, could sponsor you for PR as well as the younger brothers but he would need to be making around $45,000 a year and it would take years.

Thanks Immigrate and Leon for your detailed responses. Assuming I enter Canada now then how can I take my household items including cars? I will be entering as if I was out for few days. If I take these items now will they not question my status then?? Two of my cars are paid off. If I enter in May or June 2010 how soon can I apply for DL's and Health Card(Our PR cards will be expiring in 2nd July 2010) ? We all have our SIN #s and our cards with us.

I thank you all in advance in anticipating your response.

 

[Leon]

If you are moving with a bunch of stuff, it doesn't make any sense to say you were on a short trip. It's best not to lie to immigration or if you do, at least make up something that sounds plausible. You don't know what they can or will check and if they find out you lied, you are guilty of misrepresentation. Hopefully, they just wont ask.

Some provinces require you to reside in the province to get a drivers license there and all of them require that for health card. Some people have been able to open a bank account with a Canadian address, get the bank to type up a letter to them with that address on it and in some cases that has been enough. If not, you would have to ask the places in question what they need from you.

 

[aarvee]

Thanks Leon for your help. Your advise has been noted and I will keep you posted how it goes with us. Thanks a lot to you for doing a great job of advising folks like us.

RV