Retaining PR

[vmalik1530]

Hi All

My PR got approved in April 2013. I've visited Canada twice since then.

• The first time I stayed for 3 months - Holidays
• The second time I stayed for around 9 months - I worked Full time with a Bank during this time.

I went to India, stayed for 6 months. Had my mother's knee operation, my sister's wedding and I got married.

Instead of returning to Canada, I came to Australia (hold an Australian residency).

My Canadian PR is expiring on 23 April 2018.

I've been staying in Australia since 2006.I'll be eligible for Australian citizenship on 18 March 2018 which gives me 1 month to enter Canada.

Is there a way to get my Canadian PR not cancelled as I haven't met the RO for staying 2 years ?
Is there a way to retain my Canadian Residency in any way ?
If I apply for a partner visa of my wife, would it help in any way ?

Also, I have a US visa till 2022 if that helps.

 

[rish888]

Hey,

You PR doesn't get "cancelled." The card expires, but that does not affect your status. (Like when your passport expires, doesn't mean you loose your citizenship.)

Considering that you will soon be eligible for Australian citizenship and have been staying there for the past 12 years, I would firstly consider if you are serious about moving to Canada. If you are, here are your options:

Best:

Enter Canada before your PR card expires, hope your RO violation is not caught, and stay for 2 years without leaving the country. (Until you come back in compliance with your RO.)

If your RO violation is caught, absent any compelling reasons for staying outside Canada, you will most likely be given a Departure Order. (order to leave Canada within 30 days) To avoid that, you will need to appeal, (during which time you remain a PR) stay in Canada while waiting for a hearing date (if you want to win) and win. (If you loose you need to leave within 30 days.)

If all goes well, you are still locking yourself inside Canada for 2 full years.

Doable but not so good:

Enter after your PR card expires. (which can only be done through land. This is where you US visa comes in handy.) More likely to get reported as you will automatically go to secondary inspection by showing up with an expired card. If you are not reported, you will need to stay for 2 years minimum without leaving Canada.

Note the common factor of needing to stay in Canada for 2 years without leaving. (which is the best case scenario assuming you are not reported and don't need to deal with an appeal etc.)

About your spouse:

While you are not in compliance with your RO, you will be unable to sponsor your spouse to come live with you in Canada. If your wife would like to come, she would need to do so on her own merit.

Nutshell:

If you are truly committed, you do have a chance of retaining you PR. Best chances are before the card expires. You need to be prepared to stay 2 years without leaving even once.

Best of Luck!