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Renouncing old status and applying for a new PR status

liltora

Full Member
Oct 7, 2012
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Here is my answer:

1) March 2003, (renewed my status in 2008)
2) End of April 2013
3) Yes, visa exempt nationality
4) yes, he is a Canadian citizen born and raised in Canada and has a stable job. How he can prove my coming back? we have a marriage certificate
5) only 120 days. I am in a home country working, and my husband is in Canada
6) I tried to find a job in Canada back in 2008 when I renewed my PR status, yet I could not. So I came back to my home country and started working. In the meantime, I met my husband and built our relationship over the past 4.5 years.
 

Msafiri

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Nov 18, 2012
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Your situation is much clearer now. I understand your concern is that PR Card is expired and you don't/ can't renew it as you have not been in Canada for 730 days in the last 5 years. If you don't have a PR Card and travel you worry that immigration will give you a hard time at the border when you return.

I think you should not cancel your PR. Travel back to Canada on your visa exempt (presumably Japan) passport. Deal with immigration at entry and explain you are married and have returned to Canada to settle with your spouse. Repeat this at each entry and once you have 730 days apply for a PR Card. Visitor visa exempt nationals are considered low risk (for overstays) so unless there is a customs issue (narcotics) CBSA usually let you slide by without too much hassle.

In regards to work its always a challenge to move to a different country. Canada has well documented problems with immigrants not getting jobs - lots of highly qualified individuals e.g. engineers and doctors in the wrong/low skill jobs but you have to start somewhere. You have to persevere. Having a Canadian spouse should make things easier as you will have moral support and a network to help with your job search.

Good luck
 

liltora

Full Member
Oct 7, 2012
27
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Hi Msafiri

Thank you so much for your insightful comment.
If I don't need to cancel my PR, it will save my time and money a lot!

So let's say I do not cancel my PR and just move to Canada in a few months.
1. If my husband come travel out of Canada with me, does it count as part of 730 days?
2. When should I change my name on PR card(as I am married now)? Is it when I renew my PR card next time?
3.Am I still legally eligible to work in Canada? (I have a social insurance number, as I used to work in Canada when I first landed in Canada)

Thank you
 

Leon

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Jun 13, 2008
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If you manage to enter without a problem, it would be best to stay for 2 years. Once you have 2 years, you can apply to renew your PR card again. You can work with an expired card. That's not a problem.
 

Msafiri

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Nov 18, 2012
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liltora said:
Hi Msafiri

Thank you so much for your insightful comment.
If I don't need to cancel my PR, it will save my time and money a lot!

So let's say I do not cancel my PR and just move to Canada in a few months.
1. If my husband come travel out of Canada with me, does it count as part of 730 days?
2. When should I change my name on PR card(as I am married now)? Is it when I renew my PR card next time?
3.Am I still legally eligible to work in Canada? (I have a social insurance number, as I used to work in Canada when I first landed in Canada)

Thank you
1. Yes but you need to have/keep proof of the travel and/or time together abroad so when you apply for a PR Card and CIC want evidence you won't have any issues.

2. You need to apply for a new card to effect a name change. A new PR Card application at this time is a bad idea because you must decalre your absences which means CIC will find out you fail to meet the residence obligation. Wait till you have 730 days then apply for a PR Card with your marriage cert as proof for name change.

3. Yes. Depending on your destination province you may have to wait for 3 months to get provincial health coverage so arrange medical insurance or see if your spouse can add you to his work health plan. Also there are some bureaucratic hurdles when you don't have a valid PR Card e.g getting a BC drivers licence but I'd rather live with these hassles than cancel my PR.
 

liltora

Full Member
Oct 7, 2012
27
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wow, because of your advice my life gets much easier! Thank you!

I actually took a medical exam recently and the results should be sent to the immigration officer by now, but I hope it won't be an issue. My concern is that the results should be filed with my passport number

another question is that what sort of scenario I should expect as a worst case when I land in Canada next time (I assume I land by myself)? In other words what sort of questions are expected? do I just need a photo copy of marriage certificate?
 

liltora

Full Member
Oct 7, 2012
27
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Hello again!

To land in Canada, should I take advantage of my passport (i.e. visa exemption) by lining up at visitor's line or should I use both my passport and an expired PR card and line up in the PR/Canadian citizen line?

If I get questioned at the immigration, as long as I have a marriage certificate, will I be able to land in Canada even without my husband's company.

Also, previously mentioned, my medical check results should have been sent to the immigration by now. Do you think it matters?


I look forward to hearing from you soon.
 

Msafiri

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Nov 18, 2012
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1. Best to have an original of the marriage cert but a notarized copy is ok.

2. Choice of entry line is your call - either way you are likely to be sent to Secondary Inspection.

3. Scenarios are:

(a) Best case scenario is CBSA agent doesn't ask about absences and admits you as a PR,

(b) okay scenario is you get a stern lecture about watching your absences and admitted no report

(c) worst case scenario you get reported.

I think you need to deal with whatever situation you will face at entry then return to the forum with your experience. Medical forms not an issue unless you filled a sponsorship form with your absences from Canada and submitted to visa post?
 

liltora

Full Member
Oct 7, 2012
27
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Hello Msafiri,

Thank you for your reply.

I spoke with an immigration consultant to get a second opinion. I was advised that it is not an ideal situation where I keep landing in Canada as a visitor (with visa exemption) and attempt to renew my PR card.
When I apply for the renewal and find out I have been landing as a visitor, I will be in trouble, meaning I may not even be allowed to renew the card.
Travel document won't be issued anyway, as my days spent in Canada is not even close to the obligation requirement, therefore chances to be admitted as a PR are low.
When I travel to Canada with one way ticket (i.e. that is when I really move to Canada), an airline company would not allow me to travel unless I have a valid PR card.

If I choose not to apply for a new PR status, and stay with my current PR card, it seems that I will still face potentially high risks. Then I would rather be ready for the worst scenario.
In the worst case where I am reported at entry, what is the next step? Is there any way that I can still appeal my right? or I may be deported from Canada?
Even if I succeed in the first entry, do you think it is advised not to travel out of Canada for the next 2 years even with my husband?
 

liltora

Full Member
Oct 7, 2012
27
0
Hi Msafiri and all,

I look forward to your opinions to my previous questions.
Addtional questions, though are:

1) whenever I travel with my husband even with my current PR card, is it counted as part of time spent in Canada?
2) From now on, every time I land in Canada, as long as I travel with my husband, is it safe or less likely to be reported?

I do understand that there are no such guaranteed answers, but want to know your opinions based on your past experiences and knowledge.

Thank you.
 

Msafiri

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Nov 18, 2012
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As the saying goes you can't have your cake and eat it.

1. Each time you as a PR interact with CIC/CBSA e.g. sponsorship, PR Card renewal, TD application, port of entry they examine you. Such examination by law should consist of a Residence Obligation review to make sure you have 730 days in the last 5 years prior to the examination. You currently do not meet the RO so each time you travel and re-enter Canada you are taking a risk - the border agent on the day may decide to dig into your situation and decide to report you. Based on this forum many CBSA agents don't seem to report - they give a stern lecture and tell you to watch your time.

2. Any time you are abroad with your spouse is counted as a day in Canada but you have to keep a record as proof e.g. e-tickets/ lease. When you return to Canada just because you are with your spouse does not meet you will just get waved through - you are examined on an individual basis although you go to the primary booth as a family with a single customs declaration. CBSA agent may be more likely to let any breaches slide as the accompanying spouse loophole likely to shift the burden of proof in your favour.

3. Any time you spent in Canada regardless of visitor or PR line admission if not reported counts towards the 730 days - CIC don't disregard 'visitor' days. However PR Card renewal looks at last 5 year rolling period - this means as time progresses some of the days you have now move outside the window.

4. What really seems to be the issue now is you want guaranteed admission when you travel pre 730 day accumulation but post your 1st entry as a spouse. Only Canadian Citizens and Registered Indians have guaranteed rights. I suggest you should not travel outside Canada after you are admitted without report until you get 730 days...thereafter travel as much as you want because as long as its with your spouse it doesn't count as absences.
 

deepchiku

Member
Feb 25, 2013
17
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Can one stay with expired PR Card in Canada and in that case after completion of 730 days if someone applies for renewal are there chances of getting it renewed !
 

Leon

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Jun 13, 2008
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deepchiku said:
Can one stay with expired PR Card in Canada and in that case after completion of 730 days if someone applies for renewal are there chances of getting it renewed !
If you manage to enter Canada without being reported for not meeting the RO and you do not attract the attention of immigration during the two years, that is, you don't apply to sponsor a family member and you don't apply to renew your PR card early, you would under the current rules be able to stay with an expired PR card for 2 years and at the end of the two years, apply to renew and you would get it because you meet the RO again.


deepchiku said:
Are there chances of of change in near future in 730 days stay limit in Canada in 5 years !
I haven't heard of any plans to change it.