Should i relinquish my PR myself?

[cheerup]

Hi all,

I am wondering what is the best way or it does not matter at all.... I cannot fulfill my PR residence requirement and being mostly out of Canada in last three years, my reporting by immigration officer at border is imminent. On the other side my family is in Canada for three years, has home, leased car and children are studying in universities. They will be applying for their Citizenship next year. My question is should i relinquish my PR card myself and apply for a visit visa as i would be travelling to Canada to be with family couple of weeks in a year, or let immigration officer report it when they find out at my next border crossing. Does that affect my family's citizenship at all. I am told that getting a visit visa would be harder because of my strong family ties in Canada, what do you think about that.

Thanks for your input and suggestions.

Regards.

 

[Leon]

I think you don't have to worry about it until your next crossing. If they at any time mention during your crossing that you don't meet the RO and offer you to renounce your PR and let you enter with a visit visa, you can do it.

It will not affect your family's citizenship in any way. Their PR is not in any way connected to yours.

I know of other people in a similar situation getting a multiple entry TRV easily. If they know you have a job overseas and you lost your PR because you didn't stay in Canada enough, they will not see you as a risk to overstay.

 

[cheerup]

Thanks for your reply Leo.

Do you mean they do/may offer TRV at the border? If that is the case, then that's all i need. Would that be a multiple entry multiple year visa. Can you please explain more about it. Thanks.

 

[Leon]

Thanks for your reply Leo.

Do you mean they do/may offer TRV at the border? If that is the case, then that's all i need. Would that be a multiple entry multiple year visa. Can you please explain more about it. Thanks.

If you want to renounce your PR and apply for a TRV, you can do that right now too but you don't really have to. You still have your PR so you can do your next entry and ask the immigration officer about your situation. I know they will still let you in if you renounce your PR on the spot so I assume it is on a TRV. I do not know if it is a multiple entry TRV.

 

[cheerup]

Thanks a lot Leon. I believe once i renounce my PR sooner or later, i don't have to file Canadian Tax Returns and my wife will file her own Tax Return for information purposes only as she does not earn any income. Thanks again.

 

[Leon]

Thanks a lot Leon. I believe once i renounce my PR sooner or later, i don't have to file Canadian Tax Returns and my wife will file her own Tax Return for information purposes only as she does not earn any income. Thanks again.

I don't know about tax law but you may be right. If you want CRA to consider you non-resident for tax purposes, you could write them a letter and ask them to do that, explaining your situation.

 

[cheerup]

Got it. much appreciate it.

Do you know a good lawyer in Toronto to process citizenship paperwork for my family. I still have one year to go but i wanted to retain one to review everything early on and then process when time comes. Is that a good idea looking at cost is not going to change more or less but it is peace of mind that i am buying to pay them a year early. Please advise. Thanks.

 

[Leon]

Got it. much appreciate it.

Do you know a good lawyer in Toronto to process citizenship paperwork for my family. I still have one year to go but i wanted to retain one to review everything early on and then process when time comes. Is that a good idea looking at cost is not going to change more or less but it is peace of mind that i am buying to pay them a year early. Please advise. Thanks.

I don't know any lawyers but I know you don't need one to apply for citizenship. It's pretty simple really.

 

[cheerup]

Thanks Leon. Much appreciate your help always.

 

[dream16]

I think you don't have to worry about it until your next crossing. If they at any time mention during your crossing that you don't meet the RO and offer you to renounce your PR and let you enter with a visit visa, you can do it.

It will not affect your family's citizenship in any way. Their PR is not in any way connected to yours.

I know of other people in a similar situation getting a multiple entry TRV easily. If they know you have a job overseas and you lost your PR because you didn't stay in Canada enough, they will not see you as a risk to overstay.

I just became a PR this July, can someone please enlighten me about what is this Monster called "RO" ? This seems to be a major bottleneck for anyone trying to live a peaceful life (after NOT spending the 3/5 years in canada as per PR requirement) inside Canada.

 

[Leon]

I just became a PR this July, can someone please enlighten me about what is this Monster called "RO" ? This seems to be a major bottleneck for anyone trying to live a peaceful life (after NOT spending the 3/5 years in canada as per PR requirement) inside Canada.

RO = Residency obligation. In order to keep your PR, you need to meet it. The RO is defined as spending at least 730 days in Canada in your first 5 years as a PR counting from your landing date as well as once you have been a PR for more than 5 years, you always need at least 730 days in Canada in the past 5 years.

You can get a pass on the RO if you are outside Canada accompanying a Canadian citizen spouse or if you have been hired by a Canadian employer and transferred to a full time position outside Canada or if you are the spouse of a person who is in that situation.

You can live a peaceful life all you want but if you don't end up meeting the RO and end up losing your PR because of it, you will be living your peaceful life outside Canada. If you want to be able to leave for as long as you like and always have the right to come back, you should go for citizenship.

 

[Msafiri]

Thanks for your reply Leo.

Do you mean they do/may offer TRV at the border? If that is the case, then that's all i need. Would that be a multiple entry multiple year visa. Can you please explain more about it. Thanks.

If you relinquish your PR status at the border you waive appeal rights and get admitted as a temporary resident permit (to get around inadmissibility) valid for 6 months - its not multiple entry!

 

[cheerup]

Thanks Msafiri.

I believe after entering on TRP, i can apply for a regular Canadian Multiple Visitor Visa which hopefully would not have any negative affect of my PR relinquishing matter.

I am also thinking on another legally permitted option as mentioned by Leon. Which is If i keep my PR card by not visiting Canada (PR card is valid until November 2017), the time when my wife would become Canadian Citizen, and then if she joins me outside of Canada, i can claim my RO status being living with Canadian Citizen spouse?. I have to wait for my wife's citizenship if i want to keep my PR status. Any thought on that option, any issues there?

Leo, please give you insight as well.

Thanks a lot

 

[darklord]

I do not understand, if one has stayed out for 3 years out of 5 years, how can the immigration officer report you? Aren't they supposed to let you in till the last day of the 5th year? I am just asking to understand the requirement more clearly for RO.

Even if one has stayed 3 years out of Canada, can they not enter on the 3rd year and still fulfill RO?

 

[Leon]

I do not understand, if one has stayed out for 3 years out of 5 years, how can the immigration officer report you? Aren't they supposed to let you in till the last day of the 5th year? I am just asking to understand the requirement more clearly for RO.

Even if one has stayed 3 years out of Canada, can they not enter on the 3rd year and still fulfill RO?

They have to let you in based on you being a PR even if your PR card is well expired. Even if you don't even have a PR card, just an old landing document. However, if they suspect that you are in breach of the RO, they are in their full right to report you and let their superiors deal with your case.

If you have been a PR for less than 3 years though, it would not be possible for you to be in breach of the RO just yet. Otherwise, if you get reported, you can appeal. If they are wrong and you are not in breach of the RO, you would have to prove that and if they are right and you are in breach of the RO, you would have to give them some humanitarian grounds for why you were unable to meet it. If successful, you win the appeal and keep your PR. If not, you lose and have to leave.