Not able to meet RO. Out of Canada for Higher Education.

[immigrant7]

Hi all,
This might have been answered in one way or the other in many topics. But couldnt find specific answers. So posting here.
This is for my brother's PR Card renewal.

He got his PR on 3rd February 2011. But he went back to native to complete his education (Bachelor Degree in Medical Science and Surgery). So far he has been in Canada only for a total number of 55 days. By the time of the PR expiry (i.e. 2016-February), he wont be able to meet the obligation of 730 days in Canada .He still has one more year to go in his course. This means he wont be able to meet the RO requirements to get his PR renewed.
Is there anyway, he can get his PR renewed on the grounds of doing education abroad? Please help.

Landed as Immigrant : 3 February 2011
PR Card Expiry : February 2016
Total No. of days in Canada so far : 55

Regards,
M

 

[on-hold]

Your brother will have to depend on being passed through the border by an officer who doesn't notice or doesn't care that he hasn't met his obligation -- there are many threads discussing this, answered by people more knowledgeable than I am. The fact that he's studying won't help him at all, in fact it will probably hurt because it will mean he can't effectively argue for a humanitarian exemption. However, Since he'll be coming in with one year left on his PR card, he'll probably have a better chance.

Unless he marries a Canadian abroad, posthaste! If he does that, his time with her will count.

 

[immigrant7]

Yes, I read about the hassles in the airport while coming in with shortcomings in RO. But then I was worried about the way of getting some sort of exemption for him.

 

[scylla]

But then I was worried about the way of getting some sort of exemption for him.

No exemption is available for your brother. Studying outside of Canada is not accepted as a reason for failing to meet the residency requirement. If he wishes to keep PR status, then he needs to meet the residency requirement just like everyone else.

Once he's ready to re-enter Canada, he will just have to hope he gets in without being reported for failing to meet the residency requirement. Assuming he gets in without being reported, he will need to remain in Canada without leaving until he does meet the residency requirement and only then will he be able to renew his PR card.

 

[immigrant7]

Thanks Scyll for your input.
Let me ask you a question then. rather couple more.

1. If he comes in and the officer tells him about reporting etc. etc.; Can he at least enter Canada?
2. Is there any chance of sending off back to native right away? (Just wanted to be safe by knowing all worst cases).
3. If he is allowed to come in and also reported, what is the impact ?

Thanks,
M

 

[scylla]

1. Yes - he will be allowed to enter Canada provided his PR card is still valid.
2. See above.
3. If he is reported, he will have to appear in front of an official within 30 days to argue why he should be allowed to keep his PR status. If the officer decides in his favour, then he will be allowed to stay. If the judge decides against him, then his PR will be revoked and he will be ordered to leave the country.

 

[immigrant7]

Thanks Scylla...
And sorry, one more question.
If the Judge denies and revokes his PR (As you mentioned), will it be that he wont be allowed to renew it, or his PR will be cancelled right then and there?

 

[scylla]

It will be cancelled right then and there. And no - he won't be able to renew it.

He will have to apply for PR again from scratch (from the start) if he wants to be a permanent resident again.

 

[immigrant7]

Thanks for all your replies.