PT renounce and reapply

[angelangel]

Renounce PR and reapply:
Applicant has Canada PR and did not meet residency application. (stayed 12 months and 8 months left for 5 years to be up). She will return in March 2020. If she enters now and stays for 2 years without renewing her PR card and traveling outside Canada for 2 years she will be able to maintain her residency.

However, she studied in Europe and has an offer with Consulting company Canada and it requires her to travel outside Canada often. If she renounces her PR and Consulting company is willing to give her an LMIA, can she apply for PR again? How long does the process of renouncing and reapplying take.

Or any other way she can maintain her residency while traveling outside Canada?

 

[primaprime]

Returned in March 2020 or plans to return in March 2021? If you've been out of Canada for over three years and haven't already returned you need to do so ASAP. By continuing to remain abroad you only make things more difficult, as you are very likely to be reported for non-compliance at the border, triggering the legal process that can lead to loss of PR status. Time in Canada after a report is issued doesn't count toward your RO.

With such a lengthy absence you would need quite compelling humanitarian and compassionate grounds to be able to retain your PR status on appeal. Choosing to study in Europe is unlikely to be viewed favourably. You need to show why circumstances beyond your control kept you outside Canada for such long a period of time, and that it would impose a severe hardship on you to lose PR status given any ties you have to Canada.

You can also choose to renounce and re-apply if you're still eligible. An LMIA does not make you eligible for PR by itself, but can support an application under Express Entry if you have enough points. Either route (H&C appeal, or renounce and re-apply) would likely take at least 12 months.

I will note that you can count days spent abroad while on assignment for your Canadian employer, but you need to work for them in Canada first to be eligible for the credit. Taking a job with a Canadian company while already abroad isn't enough.

See my guide to the residency obligation (link in signature) for more advice.