I will be out of Canada over 3 years as PR status.

[mombee]

Hello,

My PR expiry date is Jan.2015. I renewed twice so far. I will be out of Canada over 3 years this month. I would like to go back to Canada by March.2014. Can I go back? What do I have to do? I would appreciate all advises.

 

[Leon]

If you have spent over 3 years outside in one go, you are in breach of the RO (residency obligation). You can return but it is possible that the immigration officer reports you on entry. If they do, you would have to appeal for your PR, giving the reasons why you were unable to meet the RO. If your reasons were good, you get to keep your PR.

If you don't get reported on entry, you have the option to keep a low profile for 2 years, let your PR card expire and only apply to renew when you have your 2 years done because then you will meet the RO again.

 

[mombee]

Hi Leon,

Thank you for your reply.
How chances will I be reported or not? Depend on the reason?
Briefly, We have been separated. My kids and I went to back in my country as a regular travel with his consent. Relationship between him and me got worse. While kids and I stay in my home county, my kid's Canada passport expired. I asked my soon to be ex to send kid's birth certificates. He had hided it for a while, so we couldn't go back. Also, I was founded 2 tumors and I needed a couple of tests and treatment.
Does e-mail correspondence with him ( detail in above)help? Is it not enough?


If you don't get reported on entry, you have the option to keep a low profile for 2 years, let your PR card expire and only apply to renew when you have your 2 years done

I'm sorry I didn't get it. What exactly do I have to do? My PR card valid till Jan.2015. If I enter in Canada, I stay straight 2 years there? Don't renew my card in Jan.2015?

I really appreicate your answer.

 

[Leon]

Ok, now the case gets more complicated. If you are travelling with kids, you usually need permission from the other parent. Is your ex in Canada and can you prove it? If they think you are kidnapping the kids from your spouse, you will have a problem.

The email correspondance is not absolute proof because emails can be faked but they will help. If the immigration officer asks why did you stay outside more than 3 years and you show the emails and say look, my ex wanted to make trouble for me by delaying the passports of the children, I think they will have compassion and not report you. Even if you do get reported, you have a good chance of winning an appeal.

If you get reported and win your appeal, you can renew your PR card normally. However, if you are allowed to enter without getting reported, you do not want to renew your PR card when it expires because it will just be a hassle. You want to stay in Canada for 2 years straight without applying for anything. At this point, you will meet the RO again and can renew your PR card normally.

 

[mombee]

Hi Leon,

Thank you again for your answer. It is very helpful.
Do I have his permission to travel with kids outside of Canada? Yes.

I would like to confirm :
My PR card is valid till Jan.2015.
If I go back in March 2014, should I wait straight 2 years from then? I should renew PR card in March 2016?
or, If I go back in March 2014, I stay in out of country for 1222 days till PR card valid date. 127 days missing for RO.
Can I apply for renewal after 127 days from Jan.2015? = May 2015? (

If I get reported, Will I renew it in Jan.2015.
If I don't get reported, renew it in March 2016? or May 2015?

I'm sorry I ask you a few times. it is very complicated to understand. I really appreciate your help.

Regards,
mombee

 

[Leon]

Hi Leon,

Thank you again for your answer. It is very helpful.
Do I have his permission to travel with kids outside of Canada? Yes.

I would like to confirm :
My PR card is valid till Jan.2015.
If I go back in March 2014, should I wait straight 2 years from then? I should renew PR card in March 2016?
or, If I go back in March 2014, I stay in out of country for 1222 days till PR card valid date. 127 days missing for RO.
Can I apply for renewal after 127 days from Jan.2015? = May 2015? (

If I get reported, Will I renew it in Jan.2015.
If I don't get reported, renew it in March 2016? or May 2015?

I'm sorry I ask you a few times. it is very complicated to understand. I really appreciate your help.

Regards,
mombee

1. If you get reported and appeal for your PR, if your appeal is still under processing when your PR card expires, you can apply right away but while you are under appeal, they will at most give you a 1 year card.

1a. If you lose the appeal, you lose your PR and will be asked to leave.

1b. If you win the appeal, you keep your PR and can renew your card when it expires or shortly before that.

2. If you don't get reported, you should wait until you meet the RO again. You can not apply in May 2015 because once you have been a PR for more than 5 years, they no longer look at time you landed until the date you apply, they look at past 5 years. Therefore, you will not meet the RO in May 2015 because time spent in 2010, January until May will have moved outside the 5 year window.

For the RO, you must have 2 years in Canada, so 3 years allowed outside. When you have spent more than 3 years outside, it is not possible for you to meet the RO until you have stayed 2 full years because each day you spend in Canada, you are losing another day from 5 years ago. Therefore, you should not apply until March 2016.

 

[mombee]

Hi Leon,

Thank you so much for your explanation. I understand it.

I wonder I can go to shopping for a day to U.S. while PR card is valid.
After PR card is expired, can't I travel to US till PR will be renew it?
To enter US, I used to show Japanese passport and some other paper work. When I come back from U.S. to Canada, I needed to show PR card. Is anyway to go to shopping without PR card?

 

[scylla]

You really shouldn't leave Canada - even for day trips to the US. Each time you leave and re-enter, you will increase your chances of being reported for failing to meet the residency requirement. Best to stay in Canada if keeping your PR status is important to you.

 

[Leon]

I agree with Scylla.

Each time you go to the US and come back, you run a risk of being reported because you don't meet the RO. You want to risk your PR because you want to go shopping in the US? Then your PR is not very important to you. But of course this is up to you.

 

[mombee]

Thank you, Scylla & Leon.

I won't take a risk. Just in case, if I have to go to see my family in Japan ( someone sick or die), what should I do?

 

[keesio]

Thank you, Scylla & Leon.

I won't take a risk. Just in case, if I have to go to see my family in Japan ( someone sick or die), what should I do?

It is up to you how important it is to get back your PR status vs be there for your family.

Personally, I would choose family over PR but everyone's circumstances are different.

 

[Drb]

What if someone crossed over to canada via us border by car, the cbsa officer noted the reasons why the person didn't meet the RO and because the person had a valid pr was asked to enter. They did not explain if a removal order would be in place didn't take a full address or telephone number and the person entered into another province than the one landed into more 3years and intends to stay in the new province. So how would one know if a removal order is in place and how can he or she appeal if they don't know the status of the situation as nothing was advised by cbsa. Also it is not mandatory to inform cic of address change if one is moving into different rentals.
Would appreciate your advise. Thank you.

 

[zardoz]

What if someone crossed over to canada via us border by car, the cbsa officer noted the reasons why the person didn't meet the RO and because the person had a valid pr was asked to enter. They did not explain if a removal order would be in place didn't take a full address or telephone number and the person entered into another province than the one landed into more 3years and intends to stay in the new province. So how would one know if a removal order is in place and how can he or she appeal if they don't know the status of the situation as nothing was advised by cbsa. Also it is not mandatory to inform cic of address change if one is moving into different rentals.
Would appreciate your advise. Thank you.

You would know if you had been reported... At the very least, they would have done some paperwork with you.

 

[Drb]

I believe they just asked a lot of question put stuff on the computer, handed back the yellow form to give outside and was told you are free to go. Nothing on what the next steps would be, even when asked. The IO said that they were just taking notes and immigration is the one to decided.
The question if anything is issued by the cbsa at the border or at least some signature of the pr holder but nothing.
That's what I need to know.

 

[mombee]

Hello Again,

I have issues with my soon to be ex. I'm dealing with my family lawyer. I told him everything about my PR issues. He wants me to work with an immigration lawyer. I think I can handle it whatever happen. Even if I have an immigration lawyer, 50\50 chances on entry to Canada. The result will be a big difference with a lawyer or without a lawyer? My family lawyer just would like to make sure that I can enter to Canada. Of course, I would like to save money. is any difference having an immigration lawyer or not?