PR Renewal.... working abroad

[cparkhi]

Hi!
I an PR Card holder working abroad. My PR staus is valid until Sep, 2011. So far I stayed for 1 month in Canada sinec I got my PRC. I need to stay in Canda from Sep,2009 in oreder to comply 730 days requirement to keep PR status intact. I have plans to stay permanently in Canada not before Jan, 2011.
My questions are:
(1) Can I travel In-and-Out Canada within the validity of my PR Card (which is Sep, 2011) without seeking any travelling documents (Coz I am going to loose the PR status eventually from October, 2009 if I don't stay In Canda from Sep, 2009 till Sep, 2011).
(2) Can I apply for renewal of PRC immediately after Sep. 2009 without being in Canada? However, I have a house in canada.
(3) Can I apply for the renewal once in Canada around Jan, 2011? Offcourse, if the answer to my First question is in affirmation.
Thanks.

 

[Leon]

1) You can try but if they catch you and question you about if you have been living in Canada or not, they may give you a time limit to prove that you meet the residency requirements or else lose your PR status.

2) You can not renew your PR card without being in Canada and I don't think you can renew it so long before it expires. Even if you could renew your PR card, it would not change the residency requirements, only change the expiry date on the card. Even with a new card, you would still lose your PR status if you have been outside Canada more than 1095 days in a 5 year period. Getting a new card will not start a new 5 year period with new requirements. It's always the last 5 years that count.

3) If you did get into Canada with your PR card without being questioned about your status, as soon as you file for a renewal, you have to list where you have been living in the previous 5 years. If you don't meet the residency requirements, they will refuse you a new PR card and cancel your PR status. If you got in and lived in Canada for 2 years and then applied for a new PR card, you might get away with it since you would at that point be meeting the residency requirements again but that means you can not travel for 2 years as your PR card would have expired.

 

[cparkhi]

Thanks a lot Leon. Not so encoraging.. but is fair.
I have a property in Canda. Would it not itself proves that I have serious plans to settle down in Canada? Secondly, if at all I loose my PR status, will there be problem in transacting sale deal of my property in Canda? If yes, how to handle that issue?

 

[Leon]

It doesn't matter if you have serious plans to settle in Canada some years in the future. You still have to meet the residency requirements like everybody else. Also, your property hasn't kept you in Canada so far so why would it in the future? You could always rent it out.

I don't see that you would have any problems selling it. I know of people having left Canada contracting an agent to sell their house and a lawyer to interact on their behalf with the sale. Most things can be done through email or fax or at least through a courier service like Fed-Ex, DHL.

 

[snadhan]

Hi Leon

Our family ( 2 children / wife / myself ) moved to Canada as permanent residents in Mar 2013. The family has continued to reside in Canada since then. However, as I could not get a job, I had to work abroad. I have filed taxes since 2014 and my wife and I jointly own a house as well where they presently reside. Considering my PR card will expire in early 2018 and I do not meet the residency requirements can you please guide me on my options and way forward. Thanks

 

[Leon]

Hi Leon

Our family ( 2 children / wife / myself ) moved to Canada as permanent residents in Mar 2013. The family has continued to reside in Canada since then. However, as I could not get a job, I had to work abroad. I have filed taxes since 2014 and my wife and I jointly own a house as well where they presently reside. Considering my PR card will expire in early 2018 and I do not meet the residency requirements can you please guide me on my options and way forward. Thanks

As long as your wife is a PR residing in Canada, she can sponsor you for PR again if you lose yours. Since you have no mitigating circumstances for not residing in Canada, you can forget about an appeal. When your PR card expires or if you get caught on entry for not meeting the RO before then, simply give up your PR and have your wife sponsor you again for a new one.

 

[snadhan]

Thanks Leon. Really appreciate the prompt answer to my post. I do have another question

Understand the sponsorship process will take any where from 6 months to 1 year. When I give up my PR will I be able to apply for a visitor visa to visit my family when required until the sponsorship comes through

 

[Leon]

Thanks Leon. Really appreciate the prompt answer to my post. I do have another question

Understand the sponsorship process will take any where from 6 months to 1 year. When I give up my PR will I be able to apply for a visitor visa to visit my family when required until the sponsorship comes through

Yes, you can apply for a visit visa. There is however no guarantee that you will get it but I have heard of people who have gotten visit visas under the same circumstances.

If you lost your PR due to not staying in Canada enough and you have a full time job overseas, I don't think you'd be considered at a high risk to overstay.

 

[snadhan]

Thanks Leon. Really appreciate the responses. God Bless