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Naximus

Newbie
Jan 24, 2020
3
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I became a Canadian PR holder in 2016. I moved to the USA one month later in 2016 on L1B (intra company transfer) from our Canadian office to HQ in US and I have been working with same company since.

I want to know if I have lost my Canadian PR status or there is still a chance to go back everything to be normal? The PR card itself expires in 2021.
 
I became a Canadian PR holder in 2016. I moved to the USA one month later in 2016 on L1B (intra company transfer) from our Canadian office to HQ in US and I have been working with same company since.

I want to know if I have lost my Canadian PR status or there is still a chance to go back everything to be normal? The PR card itself expires in 2021.

You still have PR status. But you may not meet the residency requirement since you have been out of Canada for so long.

You mention a company transfer to the US. You can try claiming those days working for your Canadian company from abroad. But it is tough to claim those days. It depends on how the transfer occurred. Did you request the transfer or did the company request it to you?
 
You still have PR status. But you may not meet the residency requirement since you have been out of Canada for so long.

You mention a company transfer to the US. You can try claiming those days working for your Canadian company from abroad. But it is tough to claim those days. It depends on how the transfer occurred. Did you request the transfer or did the company request it to you?

Company requested. Does it matter? I did not see it in fine print on who initiated the transfer.
 
I became a Canadian PR holder in 2016. I moved to the USA one month later in 2016 on L1B (intra company transfer) from our Canadian office to HQ in US and I have been working with same company since.

I want to know if I have lost my Canadian PR status or there is still a chance to go back everything to be normal? The PR card itself expires in 2021.

As mentioned previously, you still have PR status. You don't lose it until the Canadian government makes a determination to that effect.

But you are certainly at risk of losing it because it sounds like you have not really spent any time in Canada since your initial landing, therefore falling short of the "2 out of 5 years" requirement (residency obligation).

Again, this has no effect until an officer determines it. It usually happens in the following situations:
1) When applying for a travel document from outside Canada
2) When applying for a new PR card
3) When entering Canada​

If you don't meet the residency obligation and you attempt either 1) or 2), it is almost guaranteed your non-compliance will be found out. Unless you have humanitarian or compassionate reasons for your absence (your case does not sound like you do), proceedings will be started that will result in loss of your PR status.

Enforcement at the border is less consistent for the time being. As long as you have a valid, non-expired PR card, there is a chance you may not be investigated too closely when you return to Canada. If you get in without a report being issued, you would have to remain in Canada for at least 730 days to come back into compliance and be able to travel again without risk of being reported, or to apply for a new PR card.

Things get trickier once your PR card has expired, and you are still outside the country. You would no longer be able to travel to Canada by air or any other commercial carrier, but you could travel to a land border by private car. Obviously, with an expired PR card, the risk of being faced with questions at the border goes up significantly. That being said, forum members have reported being waved through even in that situation.

But this all may be a moot point if you have no intentions of returning to Canada to live there. The longer you stay away, the more likely it becomes that you will be reported, and the less leniency you will face at the border.
 
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As mentioned previously, you still have PR status. You don't lose it until the Canadian government makes a determination to that effect.

But you are certainly at risk of losing it because it sounds like you have not really spent any time in Canada since your initial landing, therefore falling short of the "2 out of 5 years" requirement (residency obligation).

Again, this has no effect until an officer determines it. It usually happens in the following situations:
1) When applying for a travel document from outside Canada
2) When applying for a new PR card
3) When entering Canada​

If you don't meet the residency obligation and you attempt either 1) or 2), it is almost guaranteed your non-compliance will be found out. Unless you have humanitarian or compassionate reasons for your absence (your case does not sound like you do), proceedings will be started that will result in loss of your PR status.

Enforcement at the border is less consistent for the time being. As long as you have a valid, non-expired PR card, there is a chance you may not be investigated too closely when you return to Canada. If you get in without a report being issued, you would have to remain in Canada for at least 730 days to come back into compliance and be able to travel again without risk of being reported, or to apply for a new PR card.

Things get trickier once your PR card has expired, and you are still outside the country. You would no longer be able to travel to Canada by air or any other commercial carrier, but you could travel to a land border by private car. Obviously, with an expired PR card, the risk of being faced with questions at the border goes up significantly. That being said, forum members have reported being waved through even in that situation.

But this all may be a moot point if you have no intentions of returning to Canada to live there. The longer you stay away, the more likely it becomes that you will be reported, and the less leniency you will face at the border.
Thank you for the detailed response.

I still don’t understand why the time to fullfil work obligation for my Canadian company doesn’t count? I was sent here to work on important projects for our company and L1B should be pretty normal for that scenario.

Is there specific reason why I don’t qualify for the exception that I can work for a Canadian business abroad?