PR Renewal - PLzzzzz Help

[Dreamszalone]

Hi,

Thanks in advance to senior and other members who would be reading\responding to this question.

I became PR along with my family (Spouse + 1Child) in 2009 and as soon as I landed returned back to US to continue with my work in 2weeks and I got the card mailed at my freinds address and he mailed to us in US.

Then I kept looking for job in Canada but I couldnt find a job in my field for 3years and suddenly things changed drastically and I got a job in Sept 2012 and I came to Canada exactly after 3years and at the port of entry didnt had much issue they only said you are at the border line please make sure you maintain your status else u will loose your PR. And they let us go.

I came to Canada joined the job and started working but my Parents who are US Citizens was left alone in US and my mother due to her bad health condition she was admitted in the hospital and I had to leave everything and fly back to US and then the company who I was working with was very accomodating and they said you can work remotely and since then I am working from US to a Canadian company I also filed my taxes in Canada for 2012 and I am still working and paying Canadian Taxes and I am full time employee.

I spoke with couple of lawyers and they are saying its little tricky to renew your PR but it can be renewed with 80% success because I am working for a Canadian company and those days can be counted towards the renewal, and mean while I got other 2 kids who are US citizens but not PR of Canada so the thing is shall I apply for their PR now or wait until I get my cards renewed and then apply for them. I have serious plans of moving back to Canada in 1 year or 2 because my younger sister she will be joining my parents in US as she would be coming on Immigrant visa so then I can settle down at 1 place.

So please advice if I am thinking positive about my PR Renewal or just firing bullets in the Air. Because if PR Renewal is not going to happen then at-least I can plan on something here in US rather than chasing a ghost.

And last question one of the lawyer said that even if my PR gets renewed this 2 years wont be counted towards your Citizenship they said you have to be in Canada Physically for 3years to apply for Citizenship. And when should I apply for PR Renewal next October when it expires or before that.


FYI - My PR card is valid until next year of October.

 

[Leon]

Right, you do not meet the RO (residency obligation) right now but if you started working for the Canadian company in September 2012, you will meet it on Sept 2014 with time spent in Canada as well as working for a Canadian employer outside Canada. As a backup, you have H&C grounds of taking care of sick parent.

You should not try to renew your PR card until you meet the RO and you should not try to sponsor your children either until you meet it. In Sept. 2014, you can move to Canada, apply to renew your PR card and sponsor your children at the same time.

 

[Dreamszalone]

Hi Leon,

Thanks very much for your reply, but little confused with your answer for Residence Obligation.

Can I renew the PR in Sept 2014 because I will be working remotely from US until Sept 2014, and will only come to Canada for renewal of my PR. So technically it would be like I havent stayed physically in Canada but have worked for a Canadian company.

 

[Leon]

Working for a Canadian employer outside Canada is one of the reasons you can keep your PR even while living outside Canada. Actually, the criteria is usually that you were transferred to an overseas position by your employer. However, in your case, you were taking care of a sick parent so I am sure with the combination of the two, you have a good chance. However, your PR renewal application may not be straight forward because of your special situation. That is why it would be better not to apply to renew until you have moved to Canada.

 

[Dreamszalone]

Again Thanks Very much Leon, so basically I can try renewing it, but I believe I wont be able to settle down completely by the time my PR Renewal is due, it take me another 1-1.5 year for me to get my parents settle down by themselves and with my sister.
And I wasn't transferred to US head office I was just allowed or given permission to work remotely from US. And definitely at the time of renewal I will be in Canada at least for that duration of time.

 

[Leon]

You can try it but it is likely since you are not living in Canada that they will request that you pick up your PR card and they might want to have a talk with you. Even though you weren't transferred, you should still apply with the grounds of having worked for a Canadian employer. If they refuse you based on that you were not transferred, you can appeal based on taking care of your sick parents.

 

[Dreamszalone]

Got it Make Sense now. Also I am planning to be in Canada when I apply for the renewal so that I will be present in Canada to pick up my cards.

And also a million dollar question do you know or can you please refer me to any good lawyer who specialize in this kind of cases or you have seen any cases like this resolved by the lawyer..

 

[Leon]

Got it Make Sense now. Also I am planning to be in Canada when I apply for the renewal so that I will be present in Canada to pick up my cards.

And also a million dollar question do you know or can you please refer me to any good lawyer who specialize in this kind of cases or you have seen any cases like this resolved by the lawyer..

In my opinion, you are not really at the stage that you need a lawyer at this point but if you want to, you could talk to the one who runs this forum.

 

[Dreamszalone]

And Leon my wife kid will also be able to renew PR because they are also having same number of days as me, only difference is I work for a Canadian company and they dont and they both are my dependent.

 

[Leon]

If you qualify based on working for a Canadian employer, your accompanying dependents qualify too.