PR CARD RENEWAL NOT MEETING RESIDENCY OBLIGATION

[jmmartinez]

Dear Leon,

I had my permanent residency last Sept 2008 and will be expired in 2013. Currently I'm working outside Canada and due to my commitment I will not be able to meet the residency requirement of 730 days I will be short by 180 days. My wife and son might get their citizenship next year supposed to since they had applied the citizenship last 2011 Dec. Normally I go home every 3 months for 2 weeks and now Im really starting to worry about renewing my PR card. I would like to start the application of renewing it now since I believe it will take at least 1 year to process my case. Kindly let me know what should I do on how to renew and process this what step should I do. I beleive I can justify my ties in canada since my family is living there only thing I dont know how to do it?

 

[Leon]

If you still have not been outside Canada for 1095 days or more since you landed as a PR, you still meet the residency requirements and can apply to renew your PR card and hope for the best.

If you already don't meet the requirements, I do not know how likely it is that they will renew your PR card if you apply while still working outside Canada and planning to continue that way. However, if you lose your PR, your wife can always sponsor you for PR again.

 

[jmmartinez]

Hi Leon, thank you so much for the fast reply.

Thank you very much for the information. What I was thinking is to apply now for humanitarian and compassionate grounds indicating that I was force to work outside Canada to support my family. I don't know the right process to do it.

If you were saying the alternative is for my wife to sponsor me. Do you know the processing time for sponsorship ? My only fears is that I can not see my family on an extended time. I have a US visa and they were saying I can still enter Canada through land even though my PR is already expired.

 

[Leon]

Forced? Sure. Who forced you? There are plenty of immigrants coming to Canada and finding jobs. I don't think this excuse will fly with immigration.

If you are in the US, you can drive across the border, even with an expired PR card. They may hassle you but you can say you are coming to visit your family and please let you enter. At some point, they may decide to report you for not meeting the residency requirements in which case you will have to appeal for your PR and could lose it. If you are legally working and residing in the US, your wife sponsoring you through the US might take 8-10 months.