Help on residency obligations appeal and how to keep my PR.

[helpmepls!]

Dear people here, I really need your help about my Canadian PR status.

Let me explain my situation. My parents applied for PR and got it in Oct 2008 and came for a month and left. We moved there in June 2011 to meet our obligations of 730 days by Nov 2013. But now, my parents and my siblings are safe, but my PR is in jeopardy. Why? As I am still a Singapore citizen, the Singapore government has conscripted me into the army for the next two years. Failure to return will prevent me from renouncing singapore citizenship to take a canadian citizen and also returning after avoiding conscription is a crime under the Enlistment Act in Singapore, which carries a fine and jail term. I currently left Canada end Sept 2012 and will have to serve till Feb 5th 2015 (~ 2 years). During my 1 year 3 month in Canada, I did my grade 12 and have a high school diploma in the province of Alberta. Now, I am really stuck, if I want to meet my residency in Canada and stayed there, I become a criminal in Singapore, and can never give up Singapore citizenship for a Canadian one unless I conscript myself. So, I am now in Singapore doing my conscription.
So my PR was issued in Oct 2008, and expires in Nov 2013. I would have met a total of 425 out of the 730 days I'm supposed to meet.

How can I keep my PR?

1) Can I attempt to re-enter Canada in Feb 2015 with a PR expired on Nov 2013? What could possibly happen? I really do not want to be stranded in Singapore alone!
2) Can they deny me entry? ^
3) If they let me in, can I just keep an expired PR card and wait till I meet 730 days again and apply to renew my card. My whole family has a house and will be living there. As of Oct 9th 2012, I turned 18 years.
4) If your PR card has expired and you are allowed into Canada, what is your status? Still a PR? So, if I apply for university, am I a PR or considered a foreigner now?

5) ANOTHER IMPT QUESTION: Card was given Oct 2008, expires on Nov 2013. I have fulfilled 425 days so far. Can I apply for early renewal? So, the IO may assume I may return soon and fulfil my obligation by the expiry?


What should I do? I am feeling very down about this. I do not want to be stranded in my country after my conscripted.

 

[steaky]

If you want to live in Canada permanently, why don't you forget about Singapore (even you would be criminal for avoiding conscription) and return to Canada for good?
Where does it says that you need to give up your Singaporean citizenship in order to get a Canadian one? There is no such thing in the CIC website!

 

[helpmepls!]

The problem is that Singapore will not let me give up my singapore citizenship neither will it allow dual citizenship.

 

[steaky]

But how does the Singaporean government know if you are getting dual citizenship if you don't return to Singapore?

 

[us2yow]

I think the issue is much more to do with the fact that due process and checks and balances will kick in EVEN IF he tried never to move back or set foot in Singapore ever again.

This would likely happen when the person is question is awaiting security checks for Canadian citizenship and CIC contacts Govt of Singapore, who are then likely to raise objections and not clear him- in which case CIC would suspend further processing his case until such time as there is some form of resolution with the problem on the Singapore end.

 

[helpmepls!]

Or lets say I default my obligation, does the Canada govt check with Singapore before I am given citizenship or will Singapore screw up my entire life by not approving my canada citizenship

 

[Msafiri]

helpmepls,

When ready to return to Canada post military service

Option 1

1. Apply for a Travel Document (TD) at the Canadian Diplomatic Post covering Singapore. Include as Humanitarian and Compassionate (H&C) reasons the details of your compulsory military service impacting on your ability to reach the 730 days. Include copies of Singapore legislation with effect to this.

2. The Immigration Officer (IO) may accept this and issue a TD. This has a limited validity usually between 14-30 days for a one time entry to Canada.

3. If the IO refuses the TD you have a right of appeal to the Immigration Board (IB) within 60 days. If you have been in Canada at least once in the 365 days prior to your TD application date you are eligible to appear in person before the IB. In this case the IO will issue a TD for you to attend the hearing.

The appeal process takes about 1 year. Any party that fails at appeal may apply to the Federal Court (FC) for a hearing. The FC must grant leave (permission) for this appeal. If the FC refuses leave to appeal the matter ends there. If case goes against you then you will be issued a departure order to leave Canada. This becomes a deportation order if you don't leave within 30 days. If you succeed then your PR status is retained.


Option 2 (I suggest you take this option)

1. Subject to Singapore Citizens remaining visa exempt to Canada in Feb 2015 you can travel to Canada on your Singapore Passport. The airline will assume you are a visitor if you have a return ticket and don't mention your PR.

2. At the Canadian Port of Entry CBSA (border) agent will find out you have at some point in time been admitted into Canada as a PR. He/she will check of you meet the Residence Obligation (RO) by asking about your absences from Canada and reviewing your passport stamps. CBSA may admit you without any issues especially if you detail about the compulsory military service. CBSA may disregard the H&C and report you which is the formal process to revoke your PR. You have 30 days to appeal this to the IB.

3. A variation of this is to enter Canada via a land border with the US - this is where you are not visa exempt to Canada but hold a US visa.

You retain PR status regardless of PR Card validity until the IB make a decision or you fail to appeal any refusals in the 30 or 60 day timeline as the case may be.

If review this board you will see that CBSA seem very forgiving of PR's who don't meet their RO but make it to the Canadian border and they will usually admit them.

After Entry

If you enter Canada either with a TD or without being reported then do not apply for a PR Card until you have 730 days of physical presence in the 5 years prior to the application date. This will be tough for you as you enroach on the days in 2011 where you spent time in Canada since this get pushed out of the 5 year window.

CIC don't care about your Singapore Citizenship and if you meet the criteria will grant you Canadian Citizenship. I have not looked into this but avoiding Singapore conscription by going AWOL may have an equivalent in Canadian law and this may be an issue in getting your background/ criminal checks completed.

Good luck

 

[Leon]

1) Since you are visa exempt to Canada, you can fly to Canada on the strength of your Singapore passport and deal with immigration when you enter. If they ask if you are short on the residency requirements, you can say yes but you have mitigating circumstances. Most likely they will let you enter without reporting you. If they do report you, you are still allowed to enter but may have to appeal for your PR.

2) They will not deny you entry.

3) Yes, you can stay in Canada for 2 years with an expired card if they let you enter.

4) You are still a PR as long as you stay out of immigrations way like you don't try to apply to renew your PR card before your time etc. I have heard that in some cases students may be asked to present a PR card, possibly for financial aid. I don't know but I have heard that it is a bit of a hassle if you don't have one.

5) You could try it but you can assume they will not be any hurry to process your application because you haven't met the 730 days yet and your card is still valid for another year. Since you are close with the days, they may decide to give you a residency questionnaire. I think you are better off not applying.

If you do get reported on entry, see 1) and have to appeal for your PR, you can give reasons like having left Canada as a minor child in order to not be considered a criminal in another country and returning at the first possibly opportunity. If they decide that you should lose your PR, as long as you are under 22 or over 22 and a full time student financially dependent on parents, your parents can sponsor you as a dependent child again.

 

[helpmepls!]

So, what if before I come back to Canada in 2015, I apply for a travel document under H & C grounds listing my conscription and it gets rejected? Will I have to apply for a new PR application again from scratch at that point in time?

Or can I not take the risk of applying and getting rejected and apply for new PR from scratch earlier? Maybe start in Jan 2013 when my actual PR that I have now expires on Nov 2013. This is because the processing time for Singapore is 24 months (2 years), thats quite a long time.

If my travel document gets accepted, its success, but if not....

 

[steaky]

I think the issue is much more to do with the fact that due process and checks and balances will kick in EVEN IF he tried never to move back or set foot in Singapore ever again.

This would likely happen when the person is question is awaiting security checks for Canadian citizenship and CIC contacts Govt of Singapore, who are then likely to raise objections and not clear him- in which case CIC would suspend further processing his case until such time as there is some form of resolution with the problem on the Singapore end.

Well, as long as OP maintain his residence obligation in Canada, he will still be a PR. He can continue his studies in Canada as a landed immigrant regardless whether or not he applies for citizenship in the future.

 

[Msafiri]

So, what if before I come back to Canada in 2015, I apply for a travel document under H & C grounds listing my conscription and it gets rejected? Will I have to apply for a new PR application again from scratch at that point in time?

Or can I not take the risk of applying and getting rejected and apply for new PR from scratch earlier? Maybe start in Jan 2013 when my actual PR that I have now expires on Nov 2013. This is because the processing time for Singapore is 24 months (2 years), thats quite a long time.

If my travel document gets accepted, its success, but if not....

1. If TD rejected and you fail at appeal or don't appeal you will have to re-apply for PR in the available categories as at that date e.g. Federal Skilled Worker

2. If you wan't to go the Jan 2013 route you must voluntarily relinquish PR then apply again. What category would you apply for PR under? Check the CIC site.

Take your chances at the border..its the best option.