Losing PR - child

[amr95]

Hello,

I'm a secondary school student and a PR of Canada. I landed in June 2010 with my mother , I was 14 years old back then. PR card is valid until 2015

Problems started when my mother couldn't find a job in Canada because she lacked Canadian experience so we had to leave. I plan on applying to Canadian universities and I'm supposed to start in 2014 (I'll be 18 years old by then) . However by then I'll be in breach of the PR obligation.

I'm really worried that I could get deported or removed as this will disrupt my studies and I really want to settle in Canada but I had to leave because my mother is my only financial supporter , my father died when I was 6 and my grandparents also passed away.

I considered moving alone but it would have been really difficult for me to attend high school and live without support. I was also rejected by many universities because I didn't have enough years of education.

I know I'm in breach but I couldn't help it. So Is it very likely that I will get reported ?
and if I did, what are my chances of winning the appeal ? I was removed by mother as a minor.

Can I explain my situation to the officers at the airport or would that be risky ?

I'm fully ready to stay Canada permanently to attend university and establish my life there since I will be 18 years old.

and if I lose my PR, can I apply for a study permit and stay as an International student ?

Did you hear about any similar experiences ?

Sorry for the long post but I'm really worried about my future and I don't want to get into any trouble with the law.

 

[Leon]

You will not have any trouble with the law. You should explain your situation to the immigration officers if they ask you. Because you were removed by your mother as a minor and are returning at the first possible opportunity as an adult, you have a very good chance of winning an appeal.

If you do not want to bother with an appeal, you can let your PR card expire once you are in Canada and only apply to renew once you have 730 days in Canada because at that point, you meet the residency requirements again. It is not against the law in Canada to have an expired PR card but you would not be able to travel until you get the new one.

 

[amr95]

Thanks for your reply.

I have a few more questions if you don't mind.

1) Would it help to visit Canada in 2013 (before the 3-year period ends) so when I fill the landing card when I'm going for good(in 2014) a year's absence would be less suspicious than a 4 year absence. Would it make a difference ?

2) If the airport officer starts asking questions. Could they report me without asking for any reasons for breaching the obligation ? Do they ask for reasons before they file a report ?

3) Worst case is that my PR will get revoked, Can I apply for a study permit ? Will losing my PR get in the way of that ?


Thanks again

 

[Leon]

1) Yes, it would help.

2) No, they do not report people easily. Tell the truth and you will not have a problem. Even if they do file a report, they will still let you in and let you appeal.

3) Even if you do lose your PR, you could apply for a study permit. I would assume that if they revoke somebody's PR for not staying in Canada enough, they probably will not think this person is a risk of overstaying but really, I have no idea. It is very very unlikely that you would lose your PR though.

 

[amr95]

If I visit in the last few days before the 3-year period ends. Wouldn't that raise flags for them ? (Put a note in my file for example)
Could they ask me to show evidence that I'll stay for the next 2 years or do they let people through with no hassle if they're still within the 3 year period ?

Sorry for being so pessimistic but our landing experience wasn't a very pleasant one, the officer gave us a hard time because we landed a month before the immigrant visa expired.

Your help is much appreciated. Thank you

 

[Leon]

If I visit in the last few days before the 3-year period ends. Wouldn't that raise flags for them ? (Put a note in my file for example)
Could they ask me to show evidence that I'll stay for the next 2 years or do they let people through with no hassle if they're still within the 3 year period ?

They might tell you that you should stay in Canada now for the remainder of your PR card period.