PR problem, Full time student, have not completed residency requirements,

[liak]

Hi there,

I landed on Jan 2013 as a permanent resident, however I have been a full time student in US ever since and will not complete my residency requirement by Feb 2018. What are my choices and what can I do to renew my PR since all my family live in Canada ever since we become permanent residence. I am 24 now.

 

[Ponga]

Well, the good news is that you are still a Permanent Resident of Canada. The bad news...is that you may eventually have it revoked because of failure to meet the Residency Obligation.

You will still be allowed to re-enter Canada (at a land border, since you would not require an eTA like you would if flying). If the CBSA officer determines that you have not met the RO, s/he may (or may not) report you to CIC for non-compliance. This would probably lead to your eventual loss of PR.

When you return to Canada, you would need to remain in Canada for 730 consecutive days. At which time, you would be back in compliance and then apply for your PR Card renewal.


Good luck!

 

[liak]

Thanks Ponga, Since the citizenship has changed to 4 years out of 6 years, is my PR would be valid for 6 years?is it possible to extend the validation for 1 more year? in this case I would be able to finish my school and go back to Canada. Since I am studying in one of the IV league schools in PhD its not logical to leave my education.

Thank you

 

[Ponga]

You're confusing PR validity with PR Card validity. Only your PR Card actually expires, since it is only valid for 5 years. You are still a PR, even though you haven't met the Residency Obligation, and will remain a PR until your status has been revoked, or you voluntarily renounce it.

Herein lies your problem. You should not attempt to renew your PR Card until you have re-entered Canada and remained here for 730 days (not leaving even for a day). Only then will you have, in essence, hit the reset button and would then be in compliance...allowing you to apply for a new card. If you don't do this, and apply for a new card, you will be asking for trouble!

How much longer before you can do this? Is this your last year at school?

 

[Rob_TO]

Hi there,

I landed on Jan 2013 as a permanent resident, however I have been a full time student in US ever since and will not complete my residency requirement by Feb 2018. What are my choices and what can I do to renew my PR since all my family live in Canada ever since we become permanent residence. I am 24 now.

If you became PR and left in Jan 2013, then as of Jan 2016 you have been in violation of the residency obligation and may be reported upon your next entry to Canada meaning process would start to revoke your PR status.

Attending school in the US is not in itself a legitimate reason to not meet the RO, nor if having family living in Canada.

If you feel attending school in the US gives you a H&C claim to not meet the RO, then you can always try this argument if you're reported and decide to appeal the decision. Final decision to accept your H&C claim or not, would be up to discretion of a visa officer reviewing your case or an appeals judge.

As mentioned above your best option to keep your PR status is to re-enter Canada and hope/pray you aren't reported. Then you would need to commit to staying in Canada 2 straight years without leaving even once for any reason, until you're back in compliance with RO and only then can renew your PR card.