P R residency status not met PR card still valid

[NAYART]

Dear sir I got my PR IN July 2016 but was not able to move to Canada

My wife and children move to Canada in feb 2019 so they will be able to complete 730 days requirement by feb 2021

I live in Chicago and go every two weeks to meet my family

If I do not start living in Canada by July 2019 then it will not be possible to meet residency requirements

Will I be allowed still to visit my family using my PR card as this card is valid till 2021 or I need to surrender and apply for visitor visa

There has been lot of questions office ask and keep telling me to start staying in Canada whenever I cross Canada border

Please advise and help
I

 

[Rogerlo]

Yes, you should move and stay in Canada by July 2019 without moving out of Canada until July 2021 if you hope to secure your status. Or you will be refused next time you enter into Canada from July for non-compliance with residency obligation. You could refer to section 28(2)(b)(i) of Immigration and Refugee Protection Act, that you should demonstrate to officer that you will be able to meet the residency obligation in respect of five-year period immediately after you have become permanent resident. It's possible for you to apply for visitor Visa to come to Canada. You could also apply for spouse sponsor in future, but Visa officer have your PR expired record, and may need to see evidence if you are really willing to reside in Canada, if not, they may refuse the application.

 

[k.h.p.]

The officers are trying to help you not lose your PR status.

If you don't meet the RO, they themselves cannot take away your PR - it has to be a process of reporting, then a waiting period for you to appeal, and then they can take away your status.

If you are not visa-exempt, you can continue using your PR card, and suffering the same questions at the border, until you either meet the residency obligation or until you lose your PR status.

With PR status (not just the card - with PR status) you cannot get a visitor's visa.

If you have no intention of meeting your RO, you can renounce but then you need a visitor's visa. Given that your family is in Canada, you may actually be denied a visitors visa. Entertainingly, the visa officer may refuse you a visa for fear you would overstay in Canada since your family is there.

Do you ever intend to take up permanent residency in Canada?

Honestly, with the work that goes into it, it seems a shame to lose it. But I suppose you have a job in Chicago that is preventing you from moving to Canada with your family.

 

[NAYART]

The officers are trying to help you not lose your PR status.

If you don't meet the RO, they themselves cannot take away your PR - it has to be a process of reporting, then a waiting period for you to appeal, and then they can take away your status.

If you are not visa-exempt, you can continue using your PR card, and suffering the same questions at the border, until you either meet the residency obligation or until you lose your PR status.

With PR status (not just the card - with PR status) you cannot get a visitor's visa.

If you have no intention of meeting your RO, you can renounce but then you need a visitor's visa. Given that your family is in Canada, you may actually be denied a visitors visa. Entertainingly, the visa officer may refuse you a visa for fear you would overstay in Canada since your family is there.

Do you ever intend to take up permanent residency in Canada?

Honestly, with the work that goes into it, it seems a shame to lose it. But I suppose you have a job in Chicago that is preventing you from moving to Canada with your famil

 

[NAYART]

Thank you for reply, I have tried hard but my company will not transfer me to Canada

My card is still valid till August 2021 so should what is best option I have as my family will stay in Canada and I want to keep visiting them

Can I keep using my PR card and this will not get reniew or I will be denied entry in July and I will not be able to enter Canada till I apply for Visitor Visa??

 

[k.h.p.]

I really don't know. They can't deny you entry, but it takes some time for IRCC to rescind your PR status once you've been reported. Once you've been reported, it may be easier to renounce. But I'm not sure, and I can't really give you advice here.

 

[canuck78]

It does seems like you have quite a lot of interaction with CBSA so it seems like your file may have been flagged so you could be reported as soon you are no longer compliant with your RO. Have you not been applying to other employers over the past 3 years?

 

[Bs65]

KHP summed up your situation in that should you either lose your PR status or renounce it yourself there is no guarantee that you will get a visitor visa approved. Even if you do get a visitor visa approved there will be the possibility that frequent entries to Canada from the US will come to the attention of CBSA and at some point you could be denied entry not able to visit your family.

Currently as a PR you are entitled to enter Canada but as soon as you become a visitor that right no longer exists so seems you have some hard choices to make move to Canada permanently or face upto the possibility that you could have longer separations from your family than just a couple of weeks.

One thing you have not shared is what your status is in the US to be able to work whether that carries a specific validity putting a whole different slant on any feedback here.