Thanks for the info. Yes, I thought so too after reading your comments on this. Obviously, I would remain then in Canada and keep in mind to do the research tasks in Canada only during those 2 years.
Permanent Resident Status - PR Card Renewal if not meeting RO or Voluntarily give up PR Status and apply again as a skilled worker?
- Thread starter NittaDakota
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Qualifying under FSW is the first step that allows you to enter the EE pool. You then need to calculate your CRS score, as that will determine if you will get pulled from the pool.Thank you Besram for the answer! Yes, you are right, I completely left that out that once I cross the border that counts as an exit, it's so obvious! Silly me!
Also, about the covid crisis... the job offer will be issued sometimes in the fall once the covid crisis is over and travelling goes back to normal (hopefully it will go back to normal very soon). So in the meantime I am trying to find a solution that works.
So either trying a land bord entry with the ESTA document from the US border or I've read some postings at other forums here in regards of the very similar issue to mine from that other people had to voluntarily give up the PR status and then re-apply again as a Skilled Worker. I tried to look for information on the process currently available on the web, I saw that there is a Six-Selection Factor for Federal Skilled Worker Programme with a total score of 100. I have 93 out of the 100. Actually as the "Adaptability" is maximized to 10 and I have 15 there, I have to take 5 away, so the total of mine currently is 88.
I don't know what my chances are to cross the US land border and not being caught.... sounds a bit scary. And I also don't have any idea what my chances are to re-apply and be accepted after giving up the status.
Others also mentioned in different forums, that the best would be to have a consultation somehow immigration before voluntarily giving up the PR, explaining them the situation and also explain them why I would like to go back and be a permanent resident there with the skilled research job I have and the international experience I gained in the research during the years I was out of the country.
I don't know which option would be the best...really.... that's why I thought to ask people here about their experiences on such things....
With an expired PR card and a 10 year absence, your chances of not being reported are extremely low. From what you've said, there were no H&C grounds for your absence, so you could expect to lose your PR status is reported.
You can't consult with IRCC beforehand about not meeting the RO.
Thank you for your message Canuck_in_uk! You are absolutely right. I don't have any HC grounds. For my absence, I can only give an explanation with full documentations as proofs to Immigration that I received a scholarship for my Master's and then a 6 year PhD doctoral training and after my viva, I am immediately could go back. These types of trainings are extremely expensive and without a scholarship I don't think I could have afforded it, especially not in Canada. But on the other hand, the knowledge I've gained during these years at this doctoral academic level can be beneficial for the Canadian economy. That's really my only explanation I could give. I read comments at other forums on this site that the straight forwardness and honesty with the full truth could result a positive decision when being interviewed by immigration. Like there was a person who explained his story here under another forum on this site that he also thought he would lose his PR as soon as he is being checked. He went for an interview with Immigration and his status was approved.
I don't know if I should get in touch with the closest immigration office to my current location and simply try to explain them why I was away with showing them all documentations on this and see if I get approved. Or if it is close to zero that they will approve, I don't know.... I should just try to go back through the us land border showing my passport and my first landing paper (not my expired PR card) and if I am lucky then staying in Canada for two years before doing anything.
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Still not an H&C reason. I think new hiring may be unrealistic for quite some time. Think most industries will be very conservative and freeze a lot of their hiring for quite some time. You haven’t mentioned what kind of research you do. Not being Canada because of school is not considered an H&C reason. The timing doesn’t make sense either. You have been out of Canada for 10+ years and likely time between 2004-2009. A masters and PhD is normally 6-7 years. Maybe 8 with delays or post grad. You have been gone for longer.
Thanks for the quick reply, Canuck78. The dates and years are documented so that's not a problem. I had 0 stages compulsory trainings prior to both with set specifications from the employer company who covered the trainings so the number of years related to my studies are not an issue here as everything is documented officially. I also have a research institution job offer already from Canada that's why I am trying to collect all information in time on the possibilities I have to return back and start the job late Autumn (or after the Covid crisis is over). If I had no job offers, I wouldn't start this process in the middle of a worldwide crisis. I am just trying to be cautious and well-prepared on what I can expect (whether to lose my PR or keeping it, whether to give up my PR voluntarily and try to get back with a work permit and then after years will pass try to arrange other options...but that's the faaaar provisional future only...).
So I am really unsure now in my case what's best to do. Try to set an appointment with the closest Canadian Embassy and try to discuss this case or just leave it as it is and see what happens if I try to cross the us land border.
If you go to the embassy expect to lose your PR. Have you informed your potential employer that you will not be able to travel outside Canada for over 2 years. Being employed by a company abroad who will pay for further schooling still isn’t an a H&C reason. I assume you must have been working for the employer before your studies and after your studies if they agreed to pay for your education. Employers will usually only pay if they can benefit from your schooling for a certain amount of years. The whole thing is a calculated risk. You will have to decide if you get reported what you'll do. If you get reported any time you accumulated in Canada will not count if you lose your PR status. Expect that getting health coverage may be impossible until you meet your RO. Any benefits you receive from an employer are usually only redeemable if you have provincial coverage.
Thanks so much for the information Canuck78. It is actually not a calculated risk type of story that I wrote down. This is the life-story of mine (or as many call it: background history of me in the past years). What I am trying to look for and find out before getting in touch with the embassy if there is a chance (if there's any at all) to keep the PR status, or if an immediate loss of PR status is the outcome as soon as I am interviewed by the embassy or there's a slight chance to keep it. Every life-story is different and every case is different. Of course there are general similarities and regulations to be followed but still every case is different.
A former embassy employee said to a good friend of mine last night (they were a couple for several years and I asked her if she could just try to get an advice in general), so she asked his advice on this. My background since outside of Canada and the purpose of returning to Canada with a job offer at this highly educated position with the length of contract, I am "most likely will be accepted rather than be refused" on keeping the PR this case. He pointed out, once (if) succeeding on setting up a personal interview with the embassy and if I tell my true story, and as long as not trying to trick immigration officers and having a strong base potential with the job offer (for Canadian economy obviously), at the end of the interview they also will turn out to be "people" not "robots" and will likely be accepted as an end-result. Voluntarily giving up my PR is also an option if that's what I would like but it's the opposite that I'd like. Voluntarily giving up only if I never ever want to return back as a PR.
I still don't know because at this page's forums I keep reading that it is nearly equal to impossible to keep a PR status even if someone gets a very good job offer from Canada. On the other hand, eg. as this former embassy person says to be on the safe side I should really get this straight and discuss it with immigration before even considering voluntarily giving up my PR and then try to go back to Canada with a regular work permit.
So I am really unsure.... very-very unsure now on what the best is to do ....
Again, you CAN'T meet with immigration ahead of time or "set up a personal interview with the embassy". They don't do that. You can apply for a PRTD or you can try entering from the US. Those are your options.
Regardless of what the "former embassy person" says, your absence doesn't fall under H&C and was quite extended, so your chances are less.
As far as I'm aware, the only way for you to talk with the embassy is through a PRTD application which will almost certainly be refused. So therefore your only (and best option) is to enter through the US and hope you don't get reported. Nobody can say for sure what will happen at the border. (Though personally I would hope in a case like yours you would get reported. The RO is extremely generous in my view and it is abused far too much. If it is such a highly educated position then you should have no problem getting a work permit or PR again).
Thank you Devnill to read and take the time to reply to one of my posts here. Although I would neveer, never ever wish anyone hoping that they would get reported no matter what their background is, what their reasons are for being outside of Canada. I guess people are different. I could never say this to anyone. Anyways, thank you again for taking time and sending your reply.
PR requirements are very lenient and were clear from the beginning. If others make sacrifices to follow the rules I don’t think it is mean spirited to want others to follow the rules as well. You have been out of Canada for over 10 years this isn’t a case where you were quite close to fulfilling your PR requirements.
Yeah, that won't work. You have two options (and ONLY these two options)
1. Apply for a PRTD
2. Try to cross via the US-Canada land border
1. You can try applying for a PRTD but the chances are extremely high (I'd go so far as to say almost 100%) that your application will be rejected and that will be that. There's no process to set up a "personal interview" or talk to immigration before you apply or anything like that. I'm excluding special cases like if you know the Canadian ambassador personally or something like that - then you don't need our help.
Note - You DO have the right to appeal this decision, but it's difficult to do so from outside Canada. You would need to engage a Canadian law firm and things are generally harder when you're sitting in your home country and the appeal process is happening in Canada.
2. Crossing via the land border is the best option for you.
Again, two possibilities
2.1 - You are very lucky and no one questions your RO, and you simply get through. This is rather unlikely, but there's a non-zero chance (and I would say that it's far more likely than expecting to get a PRTD).
If you get through, and then all you need to do is live in Canada for two whole years (you cannot leave for even a day - so keep that in mind). After two years, you'll be back in compliance and all will be well. Can't speak to getting documents and all that, but it's in no way illegal to be in Canada if you're a PR and you were allowed through by CBSA.
Just don't try renewing your PR card and don't travel outside the country. While in Canada you are NOT an undocumented immigrant that needs to worry about getting reported to IRCC/CBSA. You have the right to work, the right to healthcare, etc. You don't have to avoid the police or government authorities and so on.
2.2 - You aren't so lucky and the CBSA officer begins the process of revoking your PR. This is the more likely outcome, but as people have mentioned, you will be allowed to enter Canada regardless. You can appeal the decision, and it's much easier to do so from within Canada. Till such time as a final decision is made, you remain a PR, and therefore you have the right to work, healthcare etc.
However, you do not get to count the days you're staying in Canada towards RO during this process. So if the appeals process takes a year, you will not be able to use that year towards your RO. The day counter will start after you have successfully won your appeal.
Given that you will be able to work, and you have a job offer (presumably a good one), it makes more sense to try and come via the land border. The appeals process takes into account many factors and it will count in your favor that you are highly skilled and have a good job in Canada. It is during the appeal process that you can give your "life story" and the circumstances, and it might work.
Again, no one can predict the outcome of the appeal (you may just as easily be told to leave), but it's much better than trying for a PRTD.
Would disagree that having access to healthcare is guaranteed. Many have been refused healthcards if they don’t have a recent PR card or proof they have been living in Canada without a valid PR card.
I don't make any apologies. You left in 2009(?) to do Phd research, you must have known that leaving at that time would mean that you would eventually breach your RO as Phds generally last longer than 3 years, so why did you not take any steps to become citizen before you left? Why do you feel you are entitled to maintain your PR despite flagrantly breaching your RO? (and there is a sense of entitlement that comes through in your postings). Cases like yours are a real kick in the teeth to people who make genuine sacrifices in order to maintain RO.
Nevertheless, I do agree that if you do get reported and appeal, there is a fair chance you will win the appeal. CanLi is littered with cases where the applicant won on a technicality.