PR Residency Extension???

[Westwood818]

Here is my friend's case:

The entire family landed in mid-2010. The wife and children permanently live in Toronto. But, the husband had to go back to his home country to continue working. The husband visits Canada, at least, twice a year on his vacation. His PR Card does not expire until 2015. He is aware that he may not fulfill his PR Residency requirement by next year. So the husband consulted with a Toronto immigration lawyer who indicated that he can file for an "extension". I've only spoken to the wife and she seemed unclear about the details.

I told her that I have not heard of any type of "extension" of the PR Residency requirements and the only exceptions are explicitly stated on the CIC website. She seemed to be confident with the legitimacy and competence of the immigration lawyer. But, I am afraid that they are being conned.

Is there such an extension or a similar relief that I have not heard of? :-\ I went to the CIC website and found nothing.

Thanks in advance.

 

[scylla]

There are no "extensions" available. Hope they didn't pay any money for that consult - that lawyer has no idea what he's talking about.

 

[Westwood818]

Scylla, thanks! That's exactly what I told the wife. But, she seemed to be convinced that the immigration lawyer is providing them expert advice and truly has a solution. I just said to be very, very cautious. I didn't want to belabor the point since she probably thinks --- who should they listen to --- me or an immigration lawyer who is an "expert"?

 

[scylla]

There's really no link to send because the extension doesn't exist. I suppose the closest thing is the following link which states that you must fulfill the 2 years out of 5 years residency obligation to maintain PR status.

http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status

If the wife thinks this immigration lawyer is so great - I would challenge that lawyer to provide a link from the CIC web site that confirms extensions are available.

Someone should really report this lawyer to the authorities.

 

[Westwood818]

Could the lawyer be thinking of applying relief based on H&C grounds?


http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

 

[scylla]

Could the lawyer be thinking of applying relief based on H&C grounds?


http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

Perhaps. But that's very different than an extension.

Also, financial / economic reasons (such as working outside of Canada) aren't regarded as grounds for H&C. So the husband would have a very weak H&C case.

 

[Westwood818]

I'm going to see them this weekend and maybe I can talk some sense to them!

Thanks so much!

 

[scylla]

Good luck with the talk.

If the husband is able to re-enter Canada before his PR card expires and remain in Canada for long enough to meet the 730 days in five years residency requirement - he can apply to renew his PR card. However if the husband continues working outside of Canada - this obviously won't fly.

If the husband loses his PR status his wife can always sponsor him through family class once he's ready to actually live in Canada.

 

[Westwood818]

I also informed them of those two options. But, I'll find out soon enough from the husband exactly what the lawyer told him.

Thanks again!