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Please advice from experts

imadiq

Star Member
Mar 16, 2013
55
1
Job Offer........
Pre-Assessed..
Hello
I apologize for the length of this thread but this is my way to explain

My brother has PR card which will expire in 19th November 2019. He brought his family to Canada in 2016 which all of them has PR, his wife and kids residing in Ottawa, kid are enrolled in the school and this is the second year for them. My brother working as Chief Financial Officer which he found if he will leave his job abroad , will loose all financial support and privilege that come with his job that provide a good income for his family. He realized that getting job in Canada will be difficult to compensate his current job and the salary will not be even half of what he is getting now. So he decided to leave his family in Canada and come to visit then in regular basis almost every 2-3 months.

My brother acknowledge that he will not meet the requirement of days to renew his PR that will expire after two years as long as he is supporting his family who live in Canada as outside income.

The issues

1- My brother was stopped twice at the Airport by Canada boarder asking him why he is not meeting the requirements, he just met so far 105 days.

2- The officer at the airport told him that they might take his PR card because he will not meet the PR residency requirement

3- My brother answer to them that he couldn’t find job find a proper job to support his 5 kids and wife in Canada so he is working outside to support them financially. He has intention to meet the requirement

Questions

a- Does the officers at airport have authority or right to threaten my brother of taking his PR status giving the facts that his PR will expire after 2 years, can they deny his entry to Canada with valid PR card?

b- My brother I think has been flagged every time he enter Canada , they ask him the same questions of why he is leaving Canada and spend months outside. So is there anything he can do or say

c- For time being my brother is ensuring that his family in Canada meet the residency requirements so he is accepting that if he didn’t meet the PR renewal obligation days , he will not be able to renew his PR but in the future if his family became Canadian , can he come as visit visa to see them . can his family sponsor him in the future

Thanks for your help
 

scylla

VIP Member
Jun 8, 2010
92,831
20,490
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
a) The officer cannot take away his PR card or deny him entry. However he can report him for failing to meet the residency requirement once he doesn't have enough days remaining to live in Canada for 730 days. If this happens, he will have to appear at a hearing to argue why he should be allowed to keep his PR status even though he has spent so few days in Canada. Unfortunately employment isn't accepted as an H&C reason for failing to meet the residency obligation. If he is reported, it's quite possible he will end up losing his PR status and have to be re-sponsored for PR by his wife once he's ready to move to Canada.

b) Yes - it's quite possible he's flagged in the system. If he is, nothing he can do about it unfortunately apart from answering their questions as truthfully as possible.

c) Yes - he can apply for a visitor visa. As always, it's up to CIC if it's approved.