renewing PR card while beeing reported for a previous term

[ZERO COOL]

Hi

I have landed in canada in august 2008 and stayed for a month then returned back to my home country after that i went back to canada in Feb 2012 and i was reported at the airport for not meeting the residency obligation but got through it for humanitarian and companionate reasons and i stayed there for 4 months and went back again to my home country, currently i want to renew my PR card which will expire in august and im planning to head back and renew it and get back to my home country for that im currently working for a company based at my home country and the job requires continuous travelling.

So my question is when i renew my card will the report cause me an issue?. And is there a chance that they will refuse my renewal based on my current Job? or for that my whole stay in Canada through the past 5 years was only just a little over 5 months so that I don’t meet the residency obligational and will get refused?

I would really appreciate your help guys, thanks

 

[scylla]

You should be expecting a refusal. You won the first H&C and were given a second chance. That second chance doesn't make you exempt from the PR residency obligation. You must still live in Canada for 2 out of every 5 years to keep your PR status. The right thing to do after you won the H&C would have been to remain in Canada without leaving until you meet the residency obligation and then apply for a PR card renewal. Since you have failed to do that - I think it sends a strong message to CIC that you aren't committed to Canada even after being given a second chance to keep your PR status.

If you really want to keep your PR status, your only real option is to return to Canada before your PR card expires and live here until you meet the residency requirement.

 

[ZERO COOL]

The immigration officer that reported me and then gave me a second chance on H&C told me that i could go out of canada and come back freely before my PR card expires, so for now if i go to canada before my card expires and renew it what problems would i face?

 

[scylla]

Did you actually go through the H&C process (i.e. see a judge)? Or did you just talk to an immigration officer at the border? If you just spoke to an immigration officer - then you didn't go through the real H&C process. If that's the case I would still say that you must return to Canada before your PR card expires. However you won't be able to renew your PR card immediately because you don't meet the residency obligation. So once you return to Canada you will have to remain in Canada until you meet the residency obligation and only then will you be able to apply for a new PR card. If you apply for a new PR card before you meet the residency obligation - you should expect a refusal.

Again, you are not exempt from the 2 year residency obligation. You must still meet that obligation to renew your card.

 

[ZERO COOL]

So what happened is that at the airport I got reported then I have been assigned for an interview to check whether I have a good reason for my absence; so the immigration officer that interviewed me and I quote " No action was taken " was put to my file for humanitarian and compassionate reasons. So issuing a new PR card depends on my 2 year stay and arriving before my card expires !?.

The thing I was hoping was that after I renew my PR card is spend 1 or 2 years working for the company and then ask for a transfer to Canada to fulfill the residency obligation, I should also mention that the company im working for is an global American company, could that help my case ?

I really do appreciate your prompt response and help, thanks a lot

 

[scylla]

Thanks for clarifying what happened at immigration. Bascially the immigration officer decided not to report you for failing to meet the residency obligation. If he had reported you, then you would have been asked to appear in front of a judge within 30 days to argue why you should be allowed to keep your PR status.

However what I said before still stands. In order to renew your PR card, you MUST meet the residency obligation. You have not spent very much time in Canada since become a PR (5 months I believe?). If you return to Canada this summer and apply to renew your PR card right away, your application will be refused.

If you want to keep your PR status, you should return to Canada before your PR card expires and then not leave again until you have met the residency obligation of living in Canada for 2 out of the last 5 years. So yes - issuing a new PR card depends on having a 2 year stay and returning before your PR card expires. If you do anything other than this, then you should expect your PR renewal application to be refused. Yes - you can certainly appeal the refusal. However your reason for staying outside of Canada is work / employment related and CIC does not accept this as a reason for failing to meet the residency requirement. Long story short, if you do as you have planned and fail to live in Canada for 2 years before you renew your PR card, then you should expect to lose your PR status in Canada.

The fact that you are working for a global American company makes no difference and won't help your case at all.

 

[ZERO COOL]

Thank you alot for your help ,,, i really do appreciate it

So bottom line ... my PR renewal depends on my residency obligation otherwise i will loose it ?

Thanks

 

[Leon]

So bottom line ... my PR renewal depends on my residency obligation otherwise i will loose it ?

Yes. You should not apply to renew your PR card until you have 2 years in Canada in the past 5.

 

[zardoz]

Also, If you DO leave Canada again before your PR obligations are fulfilled, you may well find a much less sympathetic CBSA agent who will see the previous note on your file, decide that you are playing games with them, and then immediately report you.

In my opinion, you "got lucky". It may not happen again. Then you are destined for the appeals process, which you might well lose.

Ah.. just noticed that you said that you are now in your "home country", wherever that is. So, you are already in possible trouble...

 

[ZERO COOL]

Also, If you DO leave Canada again before your PR obligations are fulfilled, you may well find a much less sympathetic CBSA agent who will see the previous note on your file, decide that you are playing games with them, and then immediately report you.

In my opinion, you "got lucky". It may not happen again. Then you are destined for the appeals process, which you might well lose.

Ah.. just noticed that you said that you are now in your "home country", wherever that is. So, you are already in possible trouble...

Thanks Zadoz for the reply ... so what is your advice if u think im in trouble already ?

 

[scylla]

... so what is your advice if u think im in trouble already ?

Return to Canada as soon as you possibly can and stay in Canada (without leaving for even one day) until you meet the residency obligation.