Appeal for extension of PR before the max. 3 years outside of Canada due ?

[Ooi]

Hi

Need help from experts. (Leon ?)

My family has been away from Canada after our landing in June 2008. Our initial plan was to spend the max. 3 years outside Canada, and then return to Canada for the final 2 years in order to keep our PR.

My hubby has changed job in May this year. His new job requires him to work for a min. 2-year upto May 2012. Which means we are unable to go back by June 2011, but wait till his contract expires the following year later.

1) Can we appeal to the local Canadian High Commission now stating our situation and seeking for one-year extension ? What are the chances for approval ?

OR,

2) We just go back to Canada (quietly) after being 4 years away, stay there for another 2 years before our PR renewal ?

3) What are the possible risks for both Options (1) and (2) ? Which Option is better ?

Thank you.

 

[PMM]

Hi

Hi

Need help from experts. (Leon ?)

My family has been away from Canada after our landing in June 2008. Our initial plan was to spend the max. 3 years outside Canada, and then return to Canada for the final 2 years in order to keep our PR.

My hubby has changed job in May this year. His new job requires him to work for a min. 2-year upto May 2012. Which means we are unable to go back by June 2011, but wait till his contract expires the following year later.

1) Can we appeal to the local Canadian High Commission now stating our situation and seeking for one-year extension ? What are the chances for approval ?

OR,

2) We just go back to Canada (quietly) after being 4 years away, stay there for another 2 years before our PR renewal ?

3) What are the possible risks for both Options (1) and (2) ? Which Option is better ?

Thank you.

1. No, you either spend the 2/5 in Canada or you lose your PR status.
2. If you try to re-enter Canada after 4 years away, there is a very good chance that you will be reported. At that point you would be admitted for 30 days to appeal your case. I don't think you have much chance of winning as wanting to stay abroad and work is not an acceptable reason.

 

[Alabaman]

Hi

Need help from experts. (Leon ?)

My family has been away from Canada after our landing in June 2008. Our initial plan was to spend the max. 3 years outside Canada, and then return to Canada for the final 2 years in order to keep our PR.

My hubby has changed job in May this year. His new job requires him to work for a min. 2-year upto May 2012. Which means we are unable to go back by June 2011, but wait till his contract expires the following year later.

1) Can we appeal to the local Canadian High Commission now stating our situation and seeking for one-year extension ? What are the chances for approval ?

OR,

2) We just go back to Canada (quietly) after being 4 years away, stay there for another 2 years before our PR renewal ?

3) What are the possible risks for both Options (1) and (2) ? Which Option is better ?

Thank you.

Option 2 is worth trying.

 

[Ooi]

Thank you for your advice.

It looks like it is better not to "alert" the authority...

What if, we go back to Canada by next June (before the max. 3 years lapses) just for a short holiday and to have a "landing record", will this be "less suspicious" and "reduce" the risk of being "caught" when we finally migrate there in the 4th year ?

Any other options to reduce the risk of being caught ?

Thank you.

 

[PMM]

Hi

Thank you for your advice.

It looks like it is better not to "alert" the authority...

What if, we go back to Canada by next June (before the max. 3 years lapses) just for a short holiday and to have a "landing record", will this be "less suspicious" and "reduce" the risk of being "caught" when we finally migrate there in the 4th year ?

Any other options to reduce the risk of being caught ?

Thank you.

My question is why did you bother to apply for permanent residence, when you really had no intention to live in Canada?

 

[Ooi]

Dear PMM

I didn't mention that I have the intention not to live in Canada, did I ????

Please....don't jump into the conclusion, I think it's not fair to say so...and I believe a lot of PRs also have their own reasons to migrate to Canada at a later date while attending to or sorting out their private/family matters...

In my case, we are actually planning to move there for good within this one or two years' time....

If I really have no intention to migrate, why should I bother to come to this forum to seek experts' views, like yours ???

 

[Alabaman]

Dear PMM

I didn't mention that I have the intention not to live in Canada, did I ????

Please....don't jump into the conclusion, I think it's not fair to say so...and I believe a lot of PRs also have their own reasons to migrate to Canada at a later date while attending to or sorting out their private/family matters...

In my case, we are actually planning to move there for good within this one or two years' time....

If I really have no intention to migrate, why should I bother to come to this forum to seek experts' views, like yours ???

Yeah, that is typical of PMM - too quick to judge like he/she has some beef against PRs living outside Canada. Discourages a lot too.

 

[PMM]

Hi

Yeah, that is typical of PMM - too quick to judge like he/she has some beef against PRs living outside Canada. Discourages a lot too.

Maybe you wish to read this article, It outlines what exactly I am complaining about. http://www.thestar.com/News/Canada/article/266633

 

[Leon]

Thank you for your advice.

It looks like it is better not to "alert" the authority...

What if, we go back to Canada by next June (before the max. 3 years lapses) just for a short holiday and to have a "landing record", will this be "less suspicious" and "reduce" the risk of being "caught" when we finally migrate there in the 4th year ?

Any other options to reduce the risk of being caught ?

Thank you.

If you go back before your 3 years lapse, you can truthfully say when asked that you have been outside Canada for 3 years and still meet the residency requirements. When you come back a year later, you can truthfully that say that you have been outside Canada for a year.

From what I've heard, there is less checking going on at the land border but there is still no guarantee that you will get in without being reported. If you do get in, you should not apply to renew your PR card until you meet the residency requirements again.

 

[Alabaman]

From what I've heard, there is less checking going on at the land border but there is still no guarantee that you will get in without being reported. If you do get in, you should not apply to renew your PR card until you meet the residency requirements again.

Leon how does the reporting work? Do they question you at POE if they suspect OR they let you go and report you to CBSA (without your knowledge) if they suspect? Can you throw more light? Thanks.

 

[Leon]

This has never actually happened to me and I am not an immigration officer but from what I have heard, they will ask you how long you have been outside Canada and I have that experience myself, more in the form of chit chat about your vacation etc. If you arrive on a plane, you also have a little customs form where you fill out how long you were gone. Obviously if you were gone more than 3 years, you would have lost your PR because that is the maximum time you can be out but other than that, I do not know what they go by. They can make notes from what you tell them and link them to your PR card so as you arrive, they will see on the computer what you told them the last time. They can probably see all your entries on there too but they probably don't have the data about the dates you left Canada. Still, they can see some of them in your passport in the way of passport stamps from other countries.

I suppose if they feel that you are not being truthful or have other suspicions about you, they may start proceedings to revoke your PR in which case, they will let you into Canada and give you 30 days to appeal. I remember a woman on this forum who was not living in Canada but trying to keep her PR alive by visiting regularly. She said the IO told her that they didn't think she was really residing in Canada so she was given the chance to appeal. Another one was more recent, actually a member of the forum talking about his son who was studying in another country and who was stripped of his PR card on entry, even while he was still meeting the residency requirements as I remember correctly but I am sure they could have appealed that.

I believe in any case that they will tell you on entry if they want to revoke your PR to give you a chance to prepare your appeal.