Please help me Leon or all other helpers :( about nenewing my PR Card.

[sibangbird]

Hello,

This story is showing my situation right now and i had sent to CIC (questions @ cic.ca).
However, i'm sure people viewing this forum has more knoweldge for answering my question, espcily LEON

This is what i sent to CIC..

I am writing an email because I want to know about renewal of Permanent Residence.
I have Permanent Resident Card and live in Canada and my Permanent Resident Card will be expired on Oct. 10, 2013. To renew the Permanent Resident Card, I have to stay for 2 years out of 5 years before I apply for it. But I need about 6 months in order to stay in Canada for 2 years.

Now, I will explain the reason why I could not stay in Canada for 2 years out of 5 years. In Aug. 201, I started restaurant business which I acquired from former renter in Toronto, Canada. But one month later, I had trouble with owner of the restaurant building. So I had to stop running my restaurant unfairly before two months after starting the restaurant. (in Toronto, “Liquor selling license” is needed to sell alcohol beverage in a restaurant. The owner of restaurant building promised to help me to receive “liquor selling license” by my name as soon as possible. But he kicked me out after he knew there would be trouble in getting the license because the former renter received penalty.) Because I had no reason to stop running the restaurant and I did not do anything wrong about that, I sued the owner of restaurant building. However, because the owner and I don’t have Canada citizenship but we have just Permanent Resident Card and language problem, etc, our trial was held in Korea.

My first trial started on May 16, 2012. I spent about 4 months in preparing for the first trial. Later trial meetings were on Jun. 10, 2012, on Jul. 11, 2012 and I lost the first trial on Sep. 2012 because the owner of restaurant building manipulated document. I appealed to the court above. And in the second trial the owner’s fabricating documentary evidence was founded out on Aug. 23, 2013 and there will be examination of witness on Sep. 26, 2013.

I had to stay in Korea for about 1 year and 7 months unwontedly because of my business in Canada. In fact, I had to spend several months in Korea buying food materials and import them before starting restaurant business. I did not expect that the trial would take such a long time and the owner of the restaurant would fabricate document. Without this trial, I would have stayed in Canada so far. I miss my kid in Canada without mom.

However, this trial has not finished yet and there will be another trial meeting on Sep. 26, 2013. Even if I finish the meeting and come back to Canada, I cannot attend other trial meetings after that because my Permanent Resident Card will be expired on Oct. 15, 2013. Or in order to renew Permanent Resident card, I have to stay in Canada without attending this trial for one year. Then I will lose this second trial unfairly.

After I consult my lawyer in Korea, I was told that there will be other trial meetings several times except for the meeting on Sep. 26, 2013.

(Unfortuantly, i can not link) in this website there is a section named 'Time Spent Outside of Canada'. I wonder my situation can be applied to this 'Time Spent Outside of Canada'. If so, what materials do I need?

If not, would you give a righteous advice to me? I believe the officer reading this email knows better than me how I should do.

Thanks for reading this long letter and I beg your advice.


Thank you Leon!!

 

[Leon]

It seems to me that if you were doing business in Canada, you should have gone to trial in Canada. The language problem could have been solved by taking English lessons and using interpretors. Not being a citizen is no reason not to go to court in Canada. I do not think that immigration will have much compassion in your case deciding to go to court in Korea instead. That was by your choice.

Therefore, if you are in Canada now and you do not meet the residency obligation but you want to keep your PR, you should stop travelling and let your PR card expire and only apply to renew it when you have at least 730 days in Canada in the past 5 years.

 

[sibangbird]

It seems to me that if you were doing business in Canada, you should have gone to trial in Canada. The language problem could have been solved by taking English lessons and using interpretors. Not being a citizen is no reason not to go to court in Canada. I do not think that immigration will have much compassion in your case deciding to go to court in Korea instead. That was by your choice.

Therefore, if you are in Canada now and you do not meet the residency obligation but you want to keep your PR, you should stop travelling and let your PR card expire and only apply to renew it when you have at least 730 days in Canada in the past 5 years.

Thank u leon,
Perhaps, i'm not in canada right now. Any troubles entering canada via crossing border before it's get expired?

 

[Leon]

When you don't meet the residency obligation, each time you enter Canada, you take the risk that immigration will realize this and report you but in most cases, you should be able to enter.