Need to travel for business purposes/PR expired and is on proces RO did not meet

[tektek]

Hi Leon,

How are you Sir? I appreciate if you will help me with my case regarding my PR and my business here in Canada.

here is my story:

I landed on April 16, 2009 with my family( I'm the principal Applicant)

Left Canada June 1, 2009 went to Middle East due to difficulty of job here and leave my kids and wife in Canada.

Came back Oct. 22, 2009

Left Canada November 2, 2009 as my mother is so sick and was due for operation in her heart.

Came back March 31, 2010 tried to get job but I was not lucky and I really need income for my family so I decided t get an offer in Saudi.

Left April 16, 2010 to work in Middle east

Came back October 5, 2010 as I do not like the company I work with in KSA. So I tried again applying here in Canada, but this time I stayed longer, unfortunately I was not lucky to get job due to Canadian Exp.

So my wife filed a divorced due to ----- So I left again Canada in March 15, 2011 and work with the international company in Middle East that I feel will help me getting easy job in Canada after years of experienced with them and move on after divorced. She is now with someone

So I travel back Canada every six months as a vacation for 2 years from March 2011 to March 2013.

I came back in Canada April 1, 2013 but before coming back I had an offer job with multi company here in NA base here in Canada. This Company is our competitor internationally.

My job here in Canada is also travelling but it is only here in NA zone.

So I travelled in and out of Canada and USA. But on September 2013 I decided to open my dream business and quit my job. My business is also a contracting company that is registered here in Canada, that is also required to travel abroad now my company is going well and earning a good money bringing here in Canada.

My last re entry in Canada is April 28, 2014 because my PR expired in May 8, 2014.

In the end I'm actually did not meet the RO since April 2013. My mistake is I renewed my PR in January 2014 even though I know that I did not complete my RO. Now the CIC asked me to apply H&C.

I'm loosing my business and even 1 of the customer that I used to give service banned me for life for not attending the project in USA, which I though I would get my PR before project will start.

I have another offer project in Pakistan and Saudi and they expect me to be there this end of September.


Now this is my questions

-Can I travel to Saudi via USA then return to Canada via USA with my own private Car while my PR is on process? I do not want to loose this project and to avoid life ban again from my customer. I'm afraid that if my PR will arrive on what ever result I have no more income and my business will close.

I'm Filipino with US Visa B1/B2

Mr. Leon please give me an advise regarding my issues.

 

[Leon]

It sounds like you have H&C grounds for only 4-5 months of your absences back in 2009/2010. The rest is by your choice choosing to work overseas and later taking a job that involves frequent travel. The residency requirements count time spent overseas if you are working for a Canadian employer and posted full time to an overseas position. They do not count time spent on regular business travelling and they are vary of people who start their own business as they know some people do that in order to try to meet the RO.

If you want to keep your PR at all costs, I would recommend that you withdraw your PR card application and sit tight in Canada until you meet the RO (residency obligation) again, even if it means taking a partner who can travel, or closing your business and taking another job.

If your business is more important to you, you can enter Canada again by land with your COPR. You may have a problem entering the US though if you don't have a return ticket and can not prove to the US that you are a Canadian PR. They may think you are planning on overstaying in the US then.

As you enter Canada, the immigration officer can report you if they believe that you have not met the RO. If you get reported, you can appeal based on H&C grounds but it would just be buying time because you have a very slim chance of winning an appeal. You would however remain a PR and be able to stay in Canada during the appeal processing which can take 1-2 years. During that time, you would be able to renew your PR card for 1 year at a time. However, the more you travel, showing that you have disregarded the RO and are continuing to disregard the RO, your slim chance at winning an appeal will become even slimmer.

 

[tektek]

Hi Leon

Thank you very much for your kind reply!

I have a 10 years Visa to US and at some point I do have my son and common law partner working in US.

In total of my days in Canada I need 90 days more to have 730 days From May 8, 2014. This month I'm now inside Canada for 110 days if my calculation s correct. However if I have a H&C of 4 to 5 months I will get another 120 to 150 days additional.

SO I can still have chance to cross by land? How if I just get one way ticket to Saudi and then buy ticket from Saudi to travel to US? I will servicing a company in KSA only for 1.5 months to audit the Factory. The payment of the company will send thru my business account as a company income.

 

[tektek]

On your reply you have said below message.

The residency requirements count time spent overseas if you are working for a Canadian employer and posted full time to an overseas position.

If this is the Case! I do have my colleagues still working in my previous company here in Canada under PR status and they travel almost every month to US, sometimes you have to be there for 4 months straight project. Do you mean they will also loose there PR Status here Canada and end up going back to their country?

 

[tektek]

Hi Mr. Leon,

Please need more advice!

I do not like to leave Canada and leave my kids who is very young to be away from me for long. Their Mother does not have enough money to send my kids in University, So I'm the only person can them for their future and my daughter will have another stress after divorce if Canada will send me out.

I cannot afford to close my company and loose all my customers. As a business company here in Canada we do have a good profit and if more project will come, we will hire 3 more person to work with us. I believe that there is a potential that I will be giving a lot of help to the people who's struggling to find a job.

 

[steaky]

On your reply you have said below message.

The residency requirements count time spent overseas if you are working for a Canadian employer and posted full time to an overseas position.

If this is the Case! I do have my colleagues still working in my previous company here in Canada under PR status and they travel almost every month to US, sometimes you have to be there for 4 months straight project. Do you mean they will also loose there PR Status here Canada and end up going back to their country?

Business trips doesn't count towards residency requirements.

Hi Mr. Leon,

Please need more advice!

I do not like to leave Canada and leave my kids who is very young to be away from me for long. Their Mother does not have enough money to send my kids in University, So I'm the only person can them for their future and my daughter will have another stress after divorce if Canada will send me out.

I cannot afford to close my company and loose all my customers. As a business company here in Canada we do have a good profit and if more project will come, we will hire 3 more person to work with us. I believe that there is a potential that I will be giving a lot of help to the people who's struggling to find a job.

How old are your children? I thought lots of parents send their children overseas to boarding schools and have someone act as their guardians while they live in the foreign country.

If you don't want to close your company and loose all customers, have you consider of selling the business or find a partner?

 

[Alurra71]

Reading through this, it appears that the OP already filed for a new PR card in January 2014. He was informed by CIC that he could 'apply' H & C. It sounds to me like they have already taken steps to revoke his PR and are giving him the chance now to maybe salvage and remain based on H & C. If that is the case, then I suggest the OP give up his 'dream' of going on a business trip in September.

 

[tektek]

Thanks Allura and Steaky,

I do understand my mistake but waiting the result of CIC on my situation will put me in a very bad situation.

First if CIC decided to kick me out here in Canada and leave my kids who is Daughter 12 and Son 16. I do not see any Humanitarian in this case.
Second if I wait the decision or lets say they renew the PR, but my business will be close as I loose all my customer because of waiting.

What I'm going to do? Wait till I get another Job if lucky? Sit and depend on Government money and be 1 of their headache? I really do not understand the government.

They can able to help criminal people and give them another chance to live here in Canada. But here we are trying to help government by giving more job for Canadian and earn more money out of the country and bring it here. Yet they cannot see us

Anyways, guys is it really possible to drive to US and re enter by land on my private Car using COPR?
Anyone who experienced this matter?

 

[tektek]

Hi Everyone,

Just another question. You mean you cannot get a job of Field Service in Canada if you are PR status, because if the company send you out, every month or more like my previous company that I work with and cause you of not completing the RO. CIC will cancel your residency even though your base here in Canada?

 

[steaky]

Thanks Allura and Steaky,

I do understand my mistake but waiting the result of CIC on my situation will put me in a very bad situation.

First if CIC decided to kick me out here in Canada and leave my kids who is Daughter 12 and Son 16. I do not see any Humanitarian in this case.
Second if I wait the decision or lets say they renew the PR, but my business will be close as I loose all my customer because of waiting.

What I'm going to do? Wait till I get another Job if lucky? Sit and depend on Government money and be 1 of their headache? I really do not understand the government.

They can able to help criminal people and give them another chance to live here in Canada. But here we are trying to help government by giving more job for Canadian and earn more money out of the country and bring it here. Yet they cannot see us

Anyways, guys is it really possible to drive to US and re enter by land on my private Car using COPR?
Anyone who experienced this matter?

Since your son is already 16, he probably could take care of himself and maybe look after her 12 year old sister.

 

[tektek]

I don't think my son can manage to take care of my Daughter.

 

[tektek]

HI all,

Can I still withdraw my application and reapply my PR as I have now 742 Days this August 28, 2014?

 

[Leon]

You should definitely try to withdraw your application. I have heard of cases where they have allowed it, even at a very late stage. Once you have your confirmation that your application was withdrawn, you can apply to renew your PR again if you meet the RO now.

You can go on your business trip and enter via the land border with your COPR/expired card but you should take care that you are not outside so long that you can't meet the RO. You risk that you may be reported but if you meet the RO now, that changes the game quite a bit.

In order to ensure that you continue to meet the RO and stay out of trouble with immigration, I suggest you hire a person or take on a partner who can share the travelling with you.

Since your son is already 16, he probably could take care of himself and maybe look after her 12 year old sister.

It's not like his children would be left alone in Canada. They have a mother as well.

 

[tektek]

Thank you very Leon you are really a light of all problems in this forum. More power to you and god bless you and your family.

Thanks also to other people who spend their time to advice me.

I will keep you all update regarding my case.

 

[hpham1.ca]

Thank you very Leon you are really a light of all problems in this forum. More power to you and god bless you and your family.

Thanks also to other people who spend their time to advice me.

I will keep you all update regarding my case.

Hi there, would appreciate if you could let us know the final decision of your case. Thanks.