I have not met PR obligations and have questions about options

[mc1886]

I am a 31 year old US citizen who completed my undergraduate education in Canada and lived in Canada from 2007 –2015. I applied for PR and received it Jan 2016. PR card expires Jun 2021. Unfortunately, I have not met my residency obligations because I was completing a PhD in the US for the last 4 years. Since getting PR, I have visited a few times, but my time spent in Canada probably only adds up to a few weeks total. I still have one more year of my PhD but then I want to move back to Canada. I am worried that, if I want to get a postdoctoral position or job in Canada after I graduate, when I cross the border with an expired PR card, the border guard is likely to submit my information to immigration for revocation of my PR. I know that I can appeal, and work while the appeal is pending, but I have some questions about that process.

• Is it correct that that time spent in Canada during the appeal process would not count towards my residency obligation?
• Could that work experience gained during appeal process be used in a later Federal Skilled Worker PR application if the appeal fails?
• In that scenario, after a failed appeal, I would just be applying and waiting for PR for up to a year, and could not live or work in Canada during that time, unless got LMIA, correct?
• Anyone have any idea of my likelihood of not losing appeal given the reasons I was not in Canada (for education) and that I kept a bank account and friends there, have not established connections in US, and am coming back as soon as I can?
• Would it be better to voluntarily renounce my PR now and just immediately reapply? Or is there is there another way to keep my PR? Based on current answers to Comprehensive Ranking System, listing 1-2 years of full-time work in Canada and my Masters degree, I have 490-503 points. By December 2021, I will have a PhD and another year of work experience, so I will have even more points, but I would prefer to not wait until then.
• Finally, I plan to apply for my permanent SIN now via mail from outside Canada. Will applying jeopardize my PR status at all or are the SIN office and immigration services totally separate and wouldn't communicate?

I know this is a lot of detail/questions, but I would really appreciate any help I can get!

 

[primaprime]

Time spent in Canada after an A44(1) report is issued does not count toward your RO, nor can you count any Canadian work experience toward a future PR application.

If you want to live in Canada, you should renounce your PR and reapply the proper way, as your chances of success at an appeal hearing are slim to none. Choosing to pursue educational or employment opportunities outside Canada is not generally accepted as a humanitarian and compassionate reason for maintaining PR status despite extensive RO non-compliance.