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PR card expiring in May 13 and had a stay in Canada for only 30 days in 2008,

C

canadatravel

Newbie
Feb 20, 2013
5
0
Dear friends
I am now ready to come to Canada in April with my family. Earlier Landed in June 2008 stayed there for 30 days, took PR and SIN cards and came back to my country of origin. while we were in Canada we applied for health cards and later received thru my relatives. We didnt apply for any benefits and neither my kids were admitted to any school in Canada. Now my kids are 15 and 12 years old

I need urgent support and guidance as now we are ready to return to Canada.
1/ I am planning to land in Canada in April and have following doubt in my mind. Since our PR card is expiring in May13, i am informed that immigration officer will not allow to enter to Canada. Is it true? If yes then how can i come inside Canada? I dont want to enter as Refusee, pls guide
Some say i should go to canadian embassy in my country and request them for one time landing Visa and if they give then there is no problem, what if they refuse ?
I dont want to loose this chance as my PR card is Valid till May and now ready to stay 3-4 years continously. I dont want any illigal method to enter in Canada and we want to come thru direct Flight from our country of origin. Pls guide what steps should i take? I shall be highly thankful to all my good friends who can suggest me right way out
 
You will be allowed to enter Canada as long as your PR cards are still valid (not expired).

There is a chance the immigration officer may report you for failing to meet your residency obligation. If you are reported, you will have to appear in front of a judge to argue why you should be allowed to retain your PR status.

If you are not reported, then all you need to do is remain in Canada for three yeras (until you meet the residency obligation) and then apply to renew your PR cards.

Whatever you do, do not apply for refugee status. You clearly don't qualify given you freely left Canada and were free to return.
 
Hi scylla

I am not so clear to meet the PR obligations in terms of stay (730 days) and employment status.

My case is bit different, as my family (spouse and 2 kids) have already settled in Toronto (6 months) and my PR is valid till Nov 2015. Looking at the employment market in Canada, getting job for my skill sets is really challenge, whereas in US, I am getting lot of replies for my skills and changed my job recently and working in US and commute to Toronto on weekly or once in two weeks.

I have 2 queries

What if, I am not able to get a job for my skill sets and retain my stay (730 days) by commuting week ends, holidays and vacation to Canada and support my family? Will this be a case to get through my PR extension?

Or like our friend, If I move to Canada may be next year and stay 3 years continuous ( after 2015 November, my status would be with expired PR), not sure, will this be a valid case?


Thanks in advance for your replies.

-sujamana
 
Extensions to the PR visa are not granted. The fact that you are having trouble finding a job in Canada has no impact. You must still meet the 730 day residency requirement to keep your PR status.

If you move to Canada permanently before your PR card expires and are not reported by immigration officials for failing to meet residency requirements - then you can remain in Canada on an expired PR card until you meet the residency requirement and then apply for a PR card renewal.

If you are reported by immigration, then you will have to appear in front of a judge to argue why you should be allowed to retain your PR status.
 
Thanks again scylla

At the time of apply for renewal of PR card, please consider the below scenario, I most likely fit in

suppose, i didn't get a job in Canada and I will continue to commute next 2 years and if I meet the 730 days mark - what are the proof for residency really proof my case ? (read in the forum, we can send all the documents on travel, purchases on credit / debit cards). Will these be sufficient enough? or how do i justify, that I am not able to get a job for my skill sets in Canada? This I will have to answer in the employment details of the renewal process.

I am concerned, should I need to consult a lawyer, to get specific advise on my case? Please share your thoughts and any legal contacts if you know.

Thanks again

- sujamana
 
sujamana said:
I am concerned, should I need to consult a lawyer, to get specific advise on my case? Please share your thoughts and any legal contacts if you know.
Click to expand...

No need to waste money to hire/consult any lawyer. You will be fine. If you lose PR status, you can always have your spouse in Canada to sponsor you to come to Canada as a new PR.
 
Dear Scylla thank you very much and realy appriciate your valuable advice
However i have question wrt Immigration office may report us? In that case i have following things which comes to my mind
1/ Visit to Canadian Emmbasy in my country and request for one time Landing Visa as we are now absolutely clear that we will now come back before 2 to 3 years. It may work. It may happen that they may refuse, under this condition, cant i land and enter canada ? Would I be given a chance to appear in front of jugde to explain my position?
2/ Since i moved out of Canada vai US by road and canadain authority's didnt check my any document when i was moving out of canada and then returned to my country from US, now if i take this route to enter Canada, means from US by road to Canada, instead going thru flight and facing immigration officer then what are chances that immigration officer will not report us.

Pls note i will be with my family and i dont want any kind of hassles and would like to stay within law and order of US or Canada. No hanky panky things i want to do. I request some one to give my clear idea and guidance.
 
Dear Scylla thank you very much and really appriciate your valuable advice
However i have question wrt Immigration officer at Canada airport about reporting us? What is the meaning of this( Report) and what are the repurcissions?

I have following points also in my mind if there is a risk ( as i understand report means--> deporting us back from Canada airport) then is it advisbale to do follwing actions

1/ Visit to Canadian Emmbasy in my country and request for one time Landing Visa as we are now absolutely clear that we will not come back before 2 to 3 years and would stay in Canada. I dont know if it works or not with Immigration officer. It may happen that they may refuse and does it mean i loose permanently Canada ladning rights and my Immigration becomes null and void ?
Would I be given a chance to appear in front of jugde to explain my position or will i get chance to come and explain my position?

OR i should take this action

2/ Since i moved out of Canada vai US by road and canadain authority's didnt check my any documents when i was moving out of canada and then returned to my country from US, now if i take this route to enter Canada, means from US by road to Canada, instead going thru flight and facing immigration officer then what are chances that immigration officer will not report us ( at US /Canada Border).

Pls note i will be with my family and i dont want any kind of hassles and I would like to stay within law and order of US or Canada. I dont want any hassles and illigal things,and want to face this situation as per law.Pls guide
 
Hi Steaky I need you expert advise and valuable guidance wrt Immigration officer at Canada airport about reporting us? What is the meaning of this( Report) and what are the repurcissions?

I have following points also in my mind if there is a risk ( as i understand report means--> deporting us back from Canada airport) then is it advisbale to do follwing actions

1/ Visit to Canadian Emmbasy in my country and request for one time Landing Visa as we are now absolutely clear that we will not come back before 2 to 3 years and would stay in Canada. I dont know if it works or not with Immigration officer. It may happen that they may refuse and does it mean i loose permanently Canada ladning rights and my Immigration becomes null and void ?
Would I be given a chance to appear in front of jugde to explain my position or will i get chance to come and explain my position?

OR i should take this action

2/ Since i moved out of Canada vai US by road and canadain authority's didnt check my any documents when i was moving out of canada and then returned to my country from US, now if i take this route to enter Canada, means from US by road to Canada, instead going thru flight and facing immigration officer then what are chances that immigration officer will not report us ( at US /Canada Border).

Pls note i will be with my family and i dont want any kind of hassles and I would like to stay within law and order of US or Canada. I dont want any hassles and illigal things,and want to face this situation as per law.Pls guide
 
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