Job offer in hand but not fulfilling residency obligation

[chousumi]

Dear All,
I have followed some of the threads in this forum and found this to be very very informative and useful. Thanks to all who contribute and share their experiences/ knowledge.

Appreciate your feedback on my situation. I took up my PR in Aug 2004, but was travelling in and out of Canada. Although I have my SIN card , I never really worked here. I have counted the no of days and found that I won't have the required 2 years period to fulfill my residency obligation. I was in Canada last August 08 and the customs let me in without much questions. During my stay in Aug 08, I attended a few interviews which have finally resulted in a job offer. Presently I am outside Canada. I have decided to move in next month and settle down permanently. Now the questions are:

1) I read in some of the posts that a person loses his/her PR status if she is out of the country for more than 3 years in the 5 year period. That being my case, does it mean that I am can not legally work in Canada? Should I ask my employer to apply for a work visa then? Since my PR card does not expire till Aug 2009; I told them (unknowingly) that I am still a PR and authorised to work.

Is there a possibility of me being charged as working illegally? What are my options? As you know, it's not easy to get a job offer and I wouldn't like to lose this one.

2) What options do I have when the PR card expire in Aug 2009?

Thanks guys, really appreciate the help.

Sumi

 

[Leon]

Your PR status is not linked to your PR card. You can have an expired PR card or no PR card and still have your PR status or you can have a still valid PR card but no PR status anymore.

Next time you come to Canada, they may let you in like they did in August or they may ask you to prove that you have not lost your PR status due to residency requirements. If they stop you and you cannot prove that you can meet the 2 year requirement and you have no good compassionate reason for why you were gone so long (family emergency etc.) they will take your PR away and you would have to go back to the employer and tell them that you need a work permit to take this job.

If they don't stop you, you could enter Canada, blissfully unaware that you may possibly have lost your PR status, let your PR card expire and only apply for a new one when you are sure you meet the requirements again. There is no law that says you have to have a valid PR card. You only need it for travel so you would have to stay in Canada for the next couple of years.

 

[chousumi]

Thanks Leon,
Really appreciate the prompt response. Hope I can ask a couple of more questions:
1) My wife didn't accompany me when I landed the first time. She was studying at that time and therefore didn't take the landing permit. I came alone, looked for a job for a couple of months and then returned back. When we came in Aug 08; she was given a TRV ( multiple entry). Since I have a job offer in hand now, what might be the best possible visa for her. As I might have problem with the residency obligations, I probably wouldn't be able to sponsor her?? Or is there a way out?? I was planning to sponsor her within a couple of weeks after joining my new job ( after first paystub). Would that be a good idea?
2) What is an "open work visa" ? Would she be eligible to obtain an "open work visa" ?
thanks in advance!

 

[Leon]

If you look at the sponsorship forms, you see that there is a sponsorship questionaire where you have to list your employers for the past 5 years as well as where you've been living so if they don't notice how long you've been gone when you enter, they will very likely question it when you send in that form. Your wife can try to immigrate on her own but it would be hard for her to get a temporary permit with a PR husband. They would just tell you to sponsor her.

Other option, if they did take your PR away and if you were able to get a temporary work permit for your job, you could bring your wife on an open spouse permit, at least as long as your job is considered skilled and then you could both apply for PR again.

 

[chousumi]

Leon, Thanks again. Really find your guidance very useful. You are right, last time they asked her many questions before giving the TRV. We thought that since she was issued an TRV in Aug 08, probably it would be easier for her to get another one in Dec 08. My job offer is in skilled category (Project Manager). If I am unable to sporsor her, is there any other way for her to come? She was verbally offered a job in Canada, but due to the present economic situation, the offer has not translated into a firm written offer.

Being away for 2 years while I fulfill my residency obligation would be too much of a separation period for us.

 

[Leon]

Sure she could try for a temporary work permit but if they know she has a PR husband, the thing with temporary work permits is that you have to say you will leave at the end of it. She could try to apply as a skilled worker with a job offer which is faster or under PNP with a job offer. That way she would be coming in as an immigrant and the temporary thing would not be an issue.