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DO NOT comply Residency Obligation to renew my PR

Discussion in 'Permanent Residency Obligations' started by hahneeric, Nov 4, 2017.

  1. hello, i landed in Canada in 2009-03-10 and left 2009-12-27. never returned ever since. my PR expired 2014-03-25. now i want to return. can i anyone tell me the best way to get my status back.
     
  2. If you read many posts on this forum with a similar situation you will find the only way is to try entering via the US/Canada land border and hope you do not get reported for failing residency obligation. The land option is the only option given without a valid PR card or a PRTD you could not board a plane and having failed RO you could not apply for a PRTD without possibly starting the revoke process

    If you enter successfully then you will need to stay in Canada without trying to renew your PR card for 2 years.

    The odds of being reported having been away near 8 years are high in which case the only option would be an appeal but you would need a very strong case for that to succeed, financial or not being inclined to stay at the time would not work for example so would need to be very strong H&C reasons that made you stay in your home country all this time.

    Note that PR status never expires it can only be revoked or renounced and as a PR regardless of failing the RO you are still entitled to enter Canada. Only PR cards expire not status.
     
  3. I second @Bs65 's recommendation. Your question is not how to get your status back. (Because PR status is for life unless it is revoked or you renounce it.) Your question should be how to I get 2 feet on Canadian soil.

    The answer to the question is to arrive at the U.S. Canada land border and pray you are not reported. If you are not reported then you need to stay 2 years without leaving following which you can renew your PR card.

    For more information, the results of a report:

    Another officer reviews the report, and allows you to either keep your PR status or takes it away from you.

    If he takes it away from you, you can still enter Canada and have 30 days to appeal the decision.

    While waiting for an appeal hearing (can take years) you remain a full PR.

    The appeal board considers your situation and allows you to retain your status or takes it away from you.

    The appeal board's decision is generally final. If you loose your status you have 30 days to leave Canada.
     
    sharedknowledge likes this.
  4. HI, thank you for you time and attention to answer my question.
    Given the options i think i'll try to get it renewed from my country by trying the humanitarian companionate grounds option. i can´t spend two year in Canada as a sleep agent. i want to start a pos graduation course, drivers license etc
    On an average would you know how long does it take to get an answer(H&C) after you send them your papers?
     
  5. What are your H&C reasons? Do you have any close family members living in Canada?

    Depending on the country, it can take weeks to many months to get a response back on H&C PRTD app.

    If your only H&C reasons are for employment or something in your home country or just your personal decision to stay there, you should know the odds of a PR TD app being accepted are incredibly slim. If the PR TD is rejected, that would automatically start the process to officially revoke your PR status.

    More acceptable H&C reason would be caring for a family member with a serious and well documented medical condition to explain the absence.
     
  6. Do you have your CoPR? Except BC, that document is good enough for basically everything. Uni, license, health care, etc. However it is your choice. Btw if you are reported you get a PR card.

    Depends on the country, but anywhere from a few weeks to a few months. Note that there is a good chance it will be denied. Then you will need a study permit.

    Pure chance wise I like the land border, however the final decision rests with you.
     
  7. once again thank you for answering my questions. I have a cousin living in Toronto as permanent resident too. she's written me a letter to butter up my H&C application. I had to stay away because of my fathers drinking condition, i had to help my mother. so i think i might have a chance applying it.
     
  8. hi, i do not know what CoPR is. i used to live in Montreal. so i have a PR card, the assurance maladie card and the social insurance card. if i were going alone i could give a shot at the two year under the radar thing. but my wife would never accept that. i have to try the ''proper'' way.
     
  9. CoPR is your landing paper.

    Another option you have is to show up at the border, declare your non-compliance with your residency obligation and request a Minister's Delegate review of your H&C reasons.

    A positive decision by that individual will have the same effect as a positive PRTD application, so you can get a PR card.

    Up to you at the end of the day.
     
  10. Hello Forum members,

    How will one know that he has been reported at the POE? Will the border officer tell you or not?
    At my last entry from U.S I was asked for my address in U.S,and also the officer updated my current phone number and e-mail address. However I was not given any paperwork after the secondary inspection.

    I explained to the officer that I will permanently move to Canada next year after my mum, who has cancer, gets into remission or gets better.

    If I was reported for breach of RO,will I get an e-mail from cic?

    Thanks in anticipation of your valuable answers
     
  11. "Reported" has different meanings.

    If a 44(1) Report for inadmissibility based on a breach of the PR Residency Obligation is issued by a CBSA officer at a PoE, that report is physically issued to the traveler. It is usually, but not always, promptly followed by an interview with another officer, a "Minister's Delegate," who determines if the report is valid in law, and if valid in law then determines if there are H&C reasons which warrant allowing the PR to keep PR status. If the report is determined to be valid in law, and H&C reasons fall short, the PR is issued a Departure Order. The 44(1) Report is a decision to terminate PR status and the Departure Order starts the clock establishing the thirty days within which an appeal must be made. The PR needs to either prevail in the interview with the Minister's Delegate, or appeal and win the appeal, in order to keep PR status.

    That sort of "report" thus gives notice to the PR by the physical delivery of these papers to the PR.

    There is another sense of being "reported" some use to refer to a CBSA officer preparing a referral which is sent to a local IRCC office, alerting the IRCC office that the PR subject of this referral or report MAY be in breach of the PR RO or there are, otherwise, circumstances suggesting that IRCC should investigate the PR's compliance with the PR RO. The CBSA officer who does this may or may NOT inform the PR that such a referral or report is being made.

    Additionally, it is highly likely there was, at the least, some record made in your FOSS records as to this PoE examination and any concerns the examining officer has regarding compliance with the PR RO. This is not a "report" but it can, in effect, result in you being flagged in the system.

    Whether the local office will follow-up on a referral depends in large part on many facts and circumstances particular to the individual. It appears that many times IRCC will just wait to see how the PR pops up again, what the circumstances are attendant the PR's next transaction with IRCC or CBSA. But of course IRCC can in fact conduct an investigation, send you an inquiry, and proceed to assess your compliance with the obligations of a Permanent Resident in Canada. This can mean waiting to see what happens the next time you are crossing the border or waiting to review your case when you apply for a new PR card.

    Obviously, it is in your interest to be sure IRCC has accurate, current contact information for you, to do your best to make sure you get any communications from IRCC. If you fail to respond to communications from IRCC, that could mean missing an opportunity to respond and even missing important deadlines such as the time within which to perfect an appeal if there is a negative decision regarding your status. "I did not get notice" defenses tend to NOT fare well in these scenarios (unfortunately, this tends to be the case even where it appears IRCC is to blame for not getting notice to the PR).


    Living in the U.S. and Green Card:

    This complicates your situation if you are cutting-it-close, let alone if you breach the PR RO.

    I will post a separate response to your other post about having a GC and border crossing examinations and related matters.
     
  12. Dpenabill, thanks for your response.

    I'm just wondering if I should renounce my pr,and then apply all over again after obtaining my U.S citizenship in August 2019.

    However my situation is complex: I have a son living in Windsor with my ex-wife, and then my mum, who has cancer living in Michigan with me.

    Therefore I can use an H&C reason to explain why I'm not living in Canada right now, but I'm constantly harassed at the POE whenever I'm driving across to visit my son in Windsor.

    What is the best way to deal with this complex situation?
     
  13. I am no expert. Moreover, this is the sort of decision-making which demands an intensely personal assessment of all relevant facts and priorities, well beyond the scope of what a forum like this can provide.

    There is rarely any reason for surrendering PR status, particularly where there is a child involved, so long as the PR has recourse for trying to save status (including appeals and keeping status pending the outcome of an appeal), unless and until the individual is in a specific position to obtain other status (in which case, to make the application for that other status, including another PR application, the current PR status must be formally terminated, which can be done by renouncing or surrendering it).

    But obviously, both sides of the border have an interest in pushing you to choose sides.

    I am not sure how much a lawyer can help, but perhaps it would be a good idea to review this in a consultation with a lawyer (not a consultant).

    If you are falling short of meeting the Canadian PR Residency Obligation, yes that poses a significant problem and could force a decision sooner rather than later.

    H&C cases are tricky. I cannot predict much about how one is likely to go unless it fits one of the few more obvious scenarios. Parental illness does not fit the scenarios in which H&C cases are likely to be successful, but it can be an important factor which helps.
     
  14. hi, i got all my papers to back my humanitarian compassionate grounds demand and the embassy said that i had to apply for a travel document to go to Canada and as soon as i get there ask for my PR card or to start the demand for HC from there. the process may take up to 9 months and only then i`ll get an answer. does that make any sense? i`m not a refugee. i have to quit my job, sell car, house all to go and maybe get a big NOPE.
    is there a way to apply for HC from my country, wait and if I get a positive answer then I go. it is the most sensible thing i think.
     
  15. Why do you have to sell house? What if you get a big no? Then you would be homeless.
     

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