Help!-Complex case need advise not to meet residency requirements

[drama]

Dear Senior Members,

I need urgent advise about not to lose my PR status. My story is like that:

I and my husband got our PR cards in 2007. We landed in June 2007 and stayed in Toronto just 2 months.
When we got our Pr cards I was studying MA in my country and I did not want to break my education, so we came back to our home country. My husband went back to Canada in January 2011 to build up a business with a friend who is PR in Canada. However things went bad and my husband had to come back home country because of his old mother. (3 weeks later) After that time we seperated. This situation caused for me problem to move to Canada, because we were planning to move to Canada to fullfill our residensy requirement with my husband. And also, since we were married long time (12 years), that situation caused me to get psychological support to feel better and contunie my normal life. My questions are:

1. To complete an education already started at the time of getting PR card.
2. To seperate from husband and to get professional support (I have medical records about)

I am wondering if these 2 reasons are considered as H&C factors to ask exemption to renew my Pr card?

By the way I am planning to go to Canada in Sepember 2011, so still I can not meet residency requirement (PR expiry is June 2012).

I would be appreciate for any advise or any info!

 

[Alabaman]

By the way I am planning to go to Canada in Sepember 2011, so still I can not meet residency requirement (PR expiry is June 2012).

Your post is unnecessarily too long.

Come to Canada in September 2011 and then stay until you have 730 days (2 years) of physical presence and then renew your PR card. That's all.

 

[toby]

Your post is unnecessarily too long.

Come to Canada in September 2011 and then stay until you have 730 days (2 years) of physical presence and then renew your PR card. That's all.

Don't be unkind, Alabaman. Drama needed to explain some of the background so that we can better advise her if there are H&C grounds for retaining PR status.

Unfortunately, I cannot advise on H&C considerations.

But I do have some possibly-bad news about re-entering Canada as late as September 2011, Drama. As of now, you have only lived in Canada for two months, right? To renew your PR card in June 2012, you must have lived in Canada for at least 24 months by that date, and as you have noted you won't have 24 months.

Alabaman is right that if you can get into Canada, then accumulate 24 months (in the 5 years previous to your application renewal date), then apploy for a new card. But the problem might be to get into Canada. If a Border Officer suspects that you cannot meet your PR quota by June 2012, he/she may require you to appear on front of a panel to prove you can meet the quota, and of course you won't be able to. Then you may be required to leave Canada.

Going the H&C route is a long affair, with uncertain chances of success. I'd consult several immigration lawyers on this, or ask Rjessome specifically in this forum.

Border officers tend (I am told) to be more picky at airports than at road crossings. If you could, for example, enter Canada by road, flying under the radar so to speak, then put in your 24 months, you might have more success.

Others opinions?

 

[Alabaman]

I didn't mean to be unfair. I was just trying to let her know that her situation is not as dire as she thinks.

If I were in her shoes, I'd just fly to Canada with my PR card (she still has ~ 1 year validity on it). I seriously doubt if she will have any issues getting into Canada. She should answer questions that she is asked and not go into details. She is not obliged to give detailed information. Keep it simple.

She would be let in anyways even if she is examined and found that she doesn't meet the residency obligation. If this happens (which I doubt it will), then and then she should take advantage of the H&C. The advantage is that she is now in Canada). There is not point going through H&C first (while abroad) before even trying to come to Canada. Not wise.

 

[drama]

Dear Alabaman and Toby,

Thank you so much for all your advise. That was reliefing to hear those.
I will definetely share my experience after entering to Canada!

All my best

Drama

 

[Leon]

Right, I would like to add to that that if you get into Canada without any questions being asked, you can use your PR card to take care of your necessary business like getting a health card, drivers license and anything else you may need and then you will not have any problems when it expires except that you will not be travelling. There is no law in Canada that says you must always have a valid PR card and it is very unlikely that somebody will start looking into if you meet the residency requirements or not if you are already in Canada and you didn't just apply to renew.

Just stay until you have your two years and then apply to renew your card in good standing. They can not go further back in time than the 5 year period before you apply and if you meet the residency requirement then, you are ok.