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Immigration Rules- Need Advice

S

skarakoti

Newbie
Sep 15, 2013
4
0
Hi,

I need help to understand the situation that I need your advice. I have a valid PR status and still have 2 years left to stay in Canada in order to maintain the PR status. Currently, I am living in India and my daughter is studying in Canada having a valid PR. She is going to stay in Canada for at least another 4 years. Is it compulsory for me to stay in Canada for 2 years even though my daughter is already staying? If not, is there anyway my daughter meets the PR obligation without parents have to physically stay in Canada? If parents don't stay, will we loose our PR status? Any advice will be be great help!
 
In most Immigration classes the PR status of dependants is independent of each other.
What PR category did you all apply under?
Do you not want to keep your PR status?
 
Each PR is responsible for meeting their own RO (residency obligation) after landing. If your daughter meets hers, she will keep her PR. If you don't meet yours, you will lose your PR. Neither of you will affect the other.
 
Thanks a lot for clarification. I am the principle applicant and my spouse and two children are dependent. One of my child is studying in canada. My PR expires in Nov 2015. I need your help to understand if I am unable to complete exactly 2 years out of 5 years in canada, can I request to extend the validity in order to complete 2 years? If yes, on what grounds or rules can I extend? I am planning to come early 2014 but it would not be exactly 2 years till nov 2015. Can you suggest some alternatives?
 
You should be aware of a very important detail. The PR residency obligation requirements start on the date that you land, not 5 years before your PR card expires. This means that you will run out of days BEFORE November 2015.
 
Thanks Again, I understand that fact. I have already visited and stayed for about 1 month last year. Now, at this point I need some clarity if it all it is possible that PR validity can be extended if someone is not able to meet exactly 2 yrs time frame. If so, what are those guidelines, rules or alternatives.

Appreciate your quick response.
 
No, you can not have your PR card extended so you can meet the 2 year requirements. 3 years outside is what is allowed and that's plenty of time. In many countries, you lose PR already if you leave for 6 months or more.

There is however a loophole. When you enter Canada without meeting the PR residency obligation, the immigration officer can report you which starts the proceedings to revoke your PR. You can appeal this.

However, they don't always know that you don't meet the RO, for another, they don't always report even when they know or suspect it. Therefore, it is possible that you are able to enter Canada at some point before your PR card expires without getting reported. You could then set yourself up to stay for a full 2 years. Apply for a drivers license, health card and SIN number if you don't have one already. Then simply let your PR card expire and continue to stay in Canada until you have a full 2 years.

It is not against the law not to renew your PR card when it expires. In most cases nobody will ask you for it. You are legal to work with your SIN card so there should be no problem except you can't travel. After 2 years, you will meet the residency obligation again and can apply to renew your PR card without a problem.

However, if you do this, you do of course take the risk that the immigration officer may report you as you enter and if they do, you would have to appeal for your PR. If you lose your appeal, you lose your PR. If you had solid humane and compassionate grounds for not being able to stay in Canada, you may win your appeal.
 
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