Expired PR; Should I renounce PR before applying for a job?

[pinkheart05]

Hello, I would like to ask your insight about what I should do in applying for a job in Canada with my current status of PR.

I lived in Canada in 2002-2005 on a work permit, and became a landed PR in 2005, but never lived in Canada since then. The main reason was because I found my next job in the US. I did try to find a job in Canada but was not successful.

Now I am applying for a job in Canada, which of course states a preference for Canadian PR's and citizens but in reality it doesn't seem to matter all that much. Technically, I am still a Canadian PR until it is officially cancelled by an adjudicator or I renounce it.

My question is can I indicate my status as a PR in my job application? Or should I first renounce it and apply for the job as a non-PR?

One potential factor: Does having a citizen son play a role in counting the RO? I thought if I accompanied a PR spouse, that counted, but not a child. But read that having a citizen child also counts somewhere.

If I renounce the PR now, and get hired, I would have to apply for another PR all over. So I think the adjudicator might find it pointless to cancel my PR status once I get hired and try to cross the border as a PR. I am from a visa-exempt country so won't have an issue for crossing the border without getting the PR questioned until March 06.

Any experience or insights would be appreciated. Thank you.

 

[Msafiri]

1. You can state you are a PR on the job application form - as you rightly note you are a PR until your PR is revoked under due legal process for breach of the RO. For this to happen you would have to reported. To be reported CIC need to know of the breach which only happens when you interact with immigration so at a port of entry, PR Card renewal, PRTD application or sponsorship.

2. RO exemptions apply to those PRs who are spouses and/or minor dependants of citizens. You are not a dependent of your citizen child so he/she can't 'protect' your RO. Parliament knew there would be many PRs trying this I have a citizen child 'angle' to preserve their RO count.

3. Being visit visa exempt makes it easier to use commercial transport typically flight to get to Canada. This because the boarding agent assumes you are a visitor. You then deal with CBSA at the border. Depending on your luck CBSA may not be aware you are a PR or if aware you are a PR not sweat your absence or give you a pass on the RO. If you are reported your reason for breach of the RO is not considered worthy of an exemption - lots of PRs live and work in Canada even if its no their dream job. Check this forum lots of threads on here with a theme of you cant have your cake and eat it...either chose PR or your good job. Beginning March 15, 2016 its going to be more difficult for visit visa exempt passport holding PRs 'sneaking' into Canada. A new electronic Travel Authorization scheme requires such PRs to have valid PR Cards...if you don't then its easy for CBSA to catch you out.

4. If you enter Canada without report you need to remain without leaving for 730 days to get back into RO compliance. This may be unrealistic if your job requires you to travel. Each time you travel CBSA will need to see your PR Car - refer to ETA above. If you apply for your PR Card too early you will bring the RO breach to CIC's attention.

Make your decisions based on if you want to live in Canada long term so you get citizenship and the RO issue goes away. You can voluntarily relinquish your PR and try the work permit route but this may not be as easy as it was back when you first got it...the immigration system has been tightened and the economy especially in the oil and gas sector ins't in the shape it was. Note too that some PRs even if reported appeal simply to buy time as the appeal can take up to 4 years to be resolved. Until then you can live and work in Canada as a PR but it depends if you can handle the uncertainty of this.