Residency Obligations not met and sponsoring family

[residentincanada]

Hi,
I’m PR and my landing date was on 10 March 2010, my resident card expires on 12 April 2015. I spent one week after landing and left to my country and get married on 20 March 2010, so one of my friends brought to me the resident card later. I was working in Saudi Arabia and submit resignation letter on July 2012 by email and explained the raison for quitting the job which is to immigrate to Canada. My company was not satisfied since I was working on an important project and wasn’t willing to release me since I cannot travel without their permission and they forced me to stay till 29 April 2012. I came to Canada on 12 May 2013 and never being questioned in the airport and now working as full time from 5 months. I sent sponsor application for my wife and my girl 2 months back and they replied to me that they need my list of absence from Canada and copy of all passports since my first landing and other documents. Now I’m afraid if I send the list they will report me and I need to appeal and the sponsor application will be delayed. In order to apply for a visit visa for my family likely will be refused and if I visit them may be worst. Actually, I’m confused and i see that I have limited choices and really I appreciate your advice.

 

[scylla]

I would withdraw the sponsorship application, wait until you meet the PR residency obligation and then apply again. If you continue with the process now, CIC may decide to investigate your PR status. This could put your own PR status in jeopardy since you haven't met the residency obligation.

You need to be in compliance with the residency obligation to qualify to sponsor your family. It's extremely unusual for CIC to request a list of absences. This means they suspect you don't meet the residency obligation and are starting to investigate you. Continuing with the application will at best likely result in a refusal of the application - and at worst result in a refusal of the application AND the loss of your PR status.

Hopefully others will comment. However I would withdraw the application asap and wait.

 

[zardoz]

I have a feeling that it's now too late as they are already aware that there is a need to show residency.
It's possible that a report is already being considered... Withdrawing the application will just confirm that there is "a problem". Given the information provided so far, there is little chance of a successful appeal.

Still, it's worth a try I suppose. There is little to lose now.

 

[Leon]

Didn't you already write up your employment and address history when you applied to sponsor? In which case, they probably know you do not meet the RO. I am not sure what they will do if you refuse to send the list. You may want to talk to a lawyer.

I know of a similar case where the sponsor was eventually called in for an interview and allowed to keep their PR based on mitigating circumstances.

 

[residentincanada]

I didn't tell them about my resignation history and I’m not sure if they are aware about missing RO. I have contacted 3 lawyers but 2 of them said send the documents they need and one of them said delay till you pass the date 12 May 2015. Regarding applying visit visa to my family is it affected by my current situation.

 

[Leon]

Visa for your family to visit you is mainly affected by immigration thinking they may overstay in Canada. Families of PRs and citizens are often rejected.

 

[canuck_in_uk]

I didn't tell them about my resignation history and I'm not sure if they are aware about missing RO. I have contacted 3 lawyers but 2 of them said send the documents they need and one of them said delay till you pass the date 12 May 2015. Regarding applying visit visa to my family is it affected by my current situation.

Your employment and address history will show you were not in Canada until May, 2013. As well, question 11 on IMM 5540 asks the specific date that you returned to Canada. Looking at your dates, it will be quite apparent to the VO that you do not meet the RO.

If you go ahead with the app, you will almost certainly be reported and have to appeal for your PR. There is little chance of a successful appeal; I know foreign workers can't leave Saudi Arabia without their employer's permission but I imagine that CIC could easily argue that by saying that you knew the risk when you accepted the job and willingly put yourself in that position.

 

[residentincanada]

How possibly I can be with my family under such circumstances?
1-One lawyer proposed me to apply for my family a visit visa to USA and he said there is a way/law for family reunion, so they can get into Canada
2-Apply for a visit visa for only my wife will increase the percentage of acceptance
3-My Company might accept to send me to one of its branch outside CANADA so I can keep my residency under Canadian Business Company
Or do I have to stay calm till I meet my RO.
Appreciate your advice

 

[Leon]

How possibly I can be with my family under such circumstances?
1-One lawyer proposed me to apply for my family a visit visa to USA and he said there is a way/law for family reunion, so they can get into Canada
2-Apply for a visit visa for only my wife will increase the percentage of acceptance
3-My Company might accept to send me to one of its branch outside CANADA so I can keep my residency under Canadian Business Company
Or do I have to stay calm till I meet my RO.
Appreciate your advice

1. I have never heard of that.
2. This is true. She would be seen as less likely to overstay if she leaves the children behind.
3. Not advisable right now when you are already under scrutiny. If you end up being reported and have to appeal for your PR, it would not look good for you if you have taken a job that takes you out of Canada. Even though this job would under normal circumstances protect your PR, don't forget that you are already in breach of the RO right now. They would not look upon it kindly if you showed that you are even now not ready to settle in Canada and they will ask why do you need PR when you are trying your best to live somewhere else.

 

[Msafiri]

How possibly I can be with my family under such circumstances?
1-One lawyer proposed me to apply for my family a visit visa to USA and he said there is a way/law for family reunion, so they can get into Canada
2-Apply for a visit visa for only my wife will increase the percentage of acceptance
3-My Company might accept to send me to one of its branch outside CANADA so I can keep my residency under Canadian Business Company
Or do I have to stay calm till I meet my RO.
Appreciate your advice

1. No such law exists unless he is trying to get them to make a land border refugee claim - ditch the lawyer.
2. You have a sponsorship application that has issues already so no dice she will get bounced.
3. The rules defining the Canadian Business and the job in question are the most watertight piece of the immigration legislation - they knew people would be trying to exploit this clause. For starters what's the annual turnover of your employer, how long have they been established in Canada and how many employees do they have? Are they listed on any major exchange e.g. the TSX, NYSE, FTSE etc?

Withdraw as advised. Your application has inadmissibility written all over it for both RO breach and misrepresentation - I think the visa post/ CIC will try and nail you on the latter!

 

[residentincanada]

Msafiri i don’t know what is the turnover of my company but it is a company of 20 + employees with 50% inside Canada and it is established in Canada from almost 13 years and not listed in major exchange.
I’m thinking to leave Canada and keep working for my company and staying on their payroll and pay taxes. Once achieved my residency obligation (after 12 May 2015) I can apply for travel document and come back to Canada and proceed with resident card renewal.
Are you aware guys if companies might intervene in such situations? I know personally one friend his company brought him from his country as PR in few Months and another friend stayed in refugee status for 7 years and his company liked his work and promised him to get PR soon.
By the way mistakenly CIC put for me a deadline to return the required documents end of this year. Most likely they will not remember me before that time.

Please advice.

 

[Leon]

You have another issue and that is as a PR, you must be residing in Canada in order to sponsor. When immigration finds out that you have left Canada and are living and working somewhere else, Canadian employer or not, they will cancel the sponsorship application.

 

[meyakanor]

You have another issue and that is as a PR, you must be residing in Canada in order to sponsor. When immigration finds out that you have left Canada and are living and working somewhere else, Canadian employer or not, they will cancel the sponsorship application.

Won't he technically be able to do as he said though?

That is:
1. get transferred overseas by this Canadian company from within Canada,
2. then work for the company abroad for over 731 days to satisfy residency,
3. get a travel document to come back to Canada (which should be possible since he would have satisfied the residency requirements),
4. renew PR card and sponsor his family while he's RESIDING in Canada throughout the sponsorship process.

But as you said though, he won't be able to leave Canada during the sponsorship process (which can take maybe up to two years), and if he leaves again, they may cancel his application.

 

[Leon]

Won't he technically be able to do as he said though?

That is:
1. get transferred overseas by this Canadian company from within Canada,
2. then work for the company abroad for over 731 days to satisfy residency,
3. get a travel document to come back to Canada (which should be possible since he would have satisfied the residency requirements),
4. renew PR card and sponsor his family while he's RESIDING in Canada throughout the sponsorship process.

But as you said though, he won't be able to leave Canada during the sponsorship process (which can take maybe up to two years), and if he leaves again, they may cancel his application.

Since he already alerted CIC to his not meeting the RO by applying to sponsor his family, there is a question whether they will let him off the hook now. Since he applied for something, they can use that date as a date of examination so if they persist, he would not get off by ignoring them until he meets the RO again because they can still go from their date of examination and 5 years back from that.

He could try taking this job, cancelling the sponsorship and seeing if they leave him alone. If they do, he could do as you say, wait until he meets the RO again, then apply for a travel document, then go back and sponsor.

 

[Alurra71]

If this were me. Before I even attempted to get a new job that would transfer me overseas I would indeed VERIFY VERIFY AND VERIFY again to be sure that this job would indeed qualify for the PR out of country for work thing. It would suck to put yourself into a situation where you believe yourself to be outsmarting the Canadian government only to find out you burned your bridge on the takeoff from that Canadian runway, eh?