PR card expiring in Oct 2014 - can I get Canadian Work Visa sponsorship

[phantastic81]

Hello,

Need guidance on my situation below:

I am currently living and working in the US but plan to move to Canada. My canadian PR card is expiring in Oct 2014 and I am definitely not going to meet the residency obligation of staying for 2 years in Canada out of the given 5 years period. I have a Canadian PR and Canadian SIN card and have been to Canada for a total 4-5 weeks since obtaining the Canadian PR card.

My question is, as I look for job opportunities in Canada and if a Canadian employer is willing to sponsor me for a work visa today (or in the next few months) - is that allowed legally? basically can a Canada work visa application be filed for me while I still have some valid time remaining on my PR card? or once I have the job offer, can I move to Canada and then look to file for a work visa closer to the expiration of my PR card?

I know, based on my research that even without a job offer, I can potentially get on a flight to Canada (lets say today) and then once I land at the port of entry, it becomes a function of whether the Canadian customs questions/checks whether my residency obligation is met or not.

Need to know what should be the best approach to handling this situation.

Appreciate your inputs.

 

[scylla]

If you want to keep your PR status then your best bet is to return to Canada as soon as you can - and then stay in Canada until you meet the 730 day residency requirement. Yes - you might get asked about the residency requirement at the border and you could run into problems. However there's also a very good chance you will be allowed into Canada as a regular PR. If you are allowed in, then you can look for work and accept jobs just like a normal PR (without needing a work visa).

 

[phantastic81]

Thanks, Scylla for the response.

I am looking to understand whether a Canadian employer can file for a work visa application for me even though my PR card is still valid till Oct 2014? - this is my main question. The reason to ask this question is, if they can indeed file for a canadian work visa, then that maybe a more solid route to enter Canada that leaves nothing to chance in terms of whether I get asked questions at the port of entry that ultimately cost me entry into Canada or be given a 30 day notice to go back/prove residency requirements.

Also, If I simply have a job offer letter from a Canadian employer and I land in Canada then even if the customs officer asks/says I don't fulfill the residency obligation - will it work to show my job offer letter from a Canadian employer.

I am just trying to understand what the best option is for me, is it 1) getting the Canadian employer to file for a work visa or 2) landing in Canada with a job offer letter from a Canadian employer and not having a work visa filed by the Canadian Employer.

Thanks very much!

 

[canvis2006]

you will have to renounce your PR status, if you want to switch to work visa.
You will be required to leave Canada at that point, and re-apply from country of origin.

I suggest you follow Scylla's advice. It's not easy to get work permits these days with all the economic situation and the uproar about foreign workers

 

[canvis2006]

If you get written up by CBSA for non-compliance, you will have right to appeal that.
If you don't appeal or get turned down, you will then have to leave Canada.
That's what can happen at the border.

 

[phantastic81]

Thanks, canvis2006.

Will it strengthen my case to have a job offer letter in hand when I land at the port of entry?

Next, assuming I do enter Canada on my PR card and have no issues then come Oct 2014, can my Canadian employer file for a work visa and can I transition to that work visa then? Asking, because this maybe the best legal route given the fact that I will be out of status after my PR card expires in Oct 2014. And for this situation, if I am understanding your previous comment correctly, why would I need to leave Canada and file for a work visa? won't the employer be able to file a work visa little ahead of the expiration time of my PR status while I am in Canada.

Cheers,

 

[canvis2006]

if there are no issues when entering Canada, then you remain a PR, and simply go work for the employer.
No need for employer to apply for anything.

Wait for 2 yrs in Canada and then apply for PR Card renewal.

And if you experience issues at border and get written up, then have to appeal.

It's really not so easy for employers to get work visas, they may as well hire someone else who doesn't have these issues.

 

[scylla]

Next, assuming I do enter Canada on my PR card and have no issues then come Oct 2014, can my Canadian employer file for a work visa and can I transition to that work visa then?

No - they can't. You will have to renounce your PR status officially before you will be able to apply for a work permit. PRs don't qualify for work permits.

 

[phantastic81]

Thanks, scylla and canvis2006 - really appreciate the insights.

Now, if I do successfully enter Canada, can I file a sponsorship for my wife (who is also currently here in the US) or doing so could jeopardize my PR situation and subsequent renewal of my PR status. If it is not advised to file for her sponsorship, then the best route for her to join me in canada will be what? getting a work visa? Kindly advise on this also.

Second, is there a route into Canada that would be recommended in terms of not running into issues where CBSA officials end up reporting me - basically I am asking if it is recommended to enter Canada by land or by air and specifically which ports of entry would you recommend. I do understand this is not an easy question to answer but I would highly appreciate and stand to benefit from whatever your best guess on this front is.

Third, if it ends up that a CBSA official does report me but allows me entry into Canada then how much time do I get to file a response/appeal the case?

Finally, my passport was recently renewed and doesn't have any stamp or proofs of entry into Canada nor does it have my Canadian landing visa - so at the point and port of entry, if I present the CBSA official with my PR card + new passport, how can they be sure that I do or do not meet the residency obligation assuming I tell them I do - I know this last bit is cheeky but wanted to get your thoughts.

Thanks a lot.

 

[canvis2006]

Thanks, scylla and canvis2006 - really appreciate the insights.

Now, if I do successfully enter Canada, can I file a sponsorship for my wife (who is also currently here in the US) or doing so could jeopardize my PR situation and subsequent renewal of my PR status. If it is not advised to file for her sponsorship, then the best route for her to join me in canada will be what? getting a work visa? Kindly advise on this also.

Second, is there a route into Canada that would be recommended in terms of not running into issues where CBSA officials end up reporting me - basically I am asking if it is recommended to enter Canada by land or by air and specifically which ports of entry would you recommend. I do understand this is not an easy question to answer but I would highly appreciate and stand to benefit from whatever your best guess on this front is.

Third, if it ends up that a CBSA official does report me but allows me entry into Canada then how much time do I get to file a response/appeal the case?

Finally, my passport was recently renewed and doesn't have any stamp or proofs of entry into Canada nor does it have my Canadian landing visa - so at the point and port of entry, if I present the CBSA official with my PR card + new passport, how can they be sure that I do or do not meet the residency obligation assuming I tell them I do - I know this last bit is cheeky but wanted to get your thoughts.

Thanks a lot.

CBSA has access to the US systems. The US has access to CBSA.
That means, they will know if you lie.

CBSA officers may question you on your residency, I suggest you to be fully honest. Both land and air are controlled by CBSA.
Who knows which officers do and which don't question people.

First sort out your own residency issues, worry about wife's residency later.

Sorry no personal experience or idea about appeal process, try an immigration lawyer.
Misrepresentation can cause loss of PR if you get caught, better be honest.

 

[phantastic81]

Thank you for the response.

Can you or anyone provide what is the likelihood that CBSA officer at port of entry can question me and initiate action since I would not meet 730 days residency requirement. Is this a complete matter of luck at this point that the CBSA officer just doesn't calculate the time I have spent in Canada and thus doesn't conclude that my residency obligation is not met.

I am just trying to understand if there is a way to make sure the CBSA authorities do not report me for residency requirement not being met.

thanks,

 

[explorer]

Hi,
As I understand you already have PR card valid till Oct-2014. So while re-entering Canada before expiry nobody will object & you can stay uptill Oct-14. But renewal of PR card at expiry may be denied as you did not stay for at least 730 days within the card validity duration. By the time you can get a job & arrange for a work permit. Then if the PR card renewal is rejected you may appeal for consideration. Please remember I am no expert in this subject. If you have valid document for US to stay & work then I will suggest to continue there because job scenerio is better & goods are cheaper also.

Regards..

Thank you for the response.

Can you or anyone provide what is the likelihood that CBSA officer at port of entry can question me and initiate action since I would not meet 730 days residency requirement. Is this a complete matter of luck at this point that the CBSA officer just doesn't calculate the time I have spent in Canada and thus doesn't conclude that my residency obligation is not met.

I am just trying to understand if there is a way to make sure the CBSA authorities do not report me for residency requirement not being met.

thanks,

 

[phantastic81]

Thanks, Explorer for your comments. If I am able to enter Canada without the CBSA officials reporting me for not meeting the required 730 day obligation then there won't be an issue since I would then stay in Canada for 730 days from that point onwards and then file for PR renewal which will ofcourse be approved since they look at the last 5 years at the time of the renewal application.

The concern, however, is what are the chances that the CBSA officials, although will let me in (because they have to allow a PR back into Canada) but they do initiate an action where I will be required to prove that my residency requirement is met in a period of 30 days - I am just trying to understand how best to mitigate the chances of that happening at the border or port of entry.

Cheers,

 

[prseeker]

phantastic81,

Were you able to enter canada without getting reported?