Residency Obligations not met, PR expired in 2010

[ashishsoft]

Dear Board
I need your help!
I became PR of Canada in 2005(Landed on 10Apr2005), when I was there, barely 6 months after my father expired in India, and my wife was pregnant so after the delivery of our son (in Feb 2006) and staying there till he received his passport and visa, we came back to India as my mother was alone in India and my father had business, investments and house in India which I had to manage, as my mother was really shaken after my fathers demise . We came back on 8th May 2006.

Then on 15 May2008, by that time my mum also had attained PR card and we started staying there, but due to immense recession, my business was down and my wife couldn’t get a job, so we were practically living on our savings and was very difficult for us to survive there and we came back in Jan20 2010. We didnt want to be burden on Canadian govt also. Total days in Canada has been about 630

I started a company in Canada in June 2005 and I have been filing mine, my company’s and my wife’s taxes every year. We still do business in that company and we earn a bit and we keep that in our accounts there, we had hopes to return. I know there is a clause that if you have been employed by a company incorporated in Canada and you are working for it outside Canada then also your days are considered as in Canada. When I incorporated this company, I had no idea my life would take such a turn and I will have to come back to India also, but that is life, your plans are changed by God and destiny. So will that help me if I mention in my request for renewed PR. Me and wife are owners of that co and we both are in India now with expired PR

Also, my son is Canadian Citizen and since he is growing up now, I want him to learn school culture . If he is accompanying us does that make our case stronger for a renewed PR
We couldn't wind up our business earlier due to some compulsions and due to bad property prices, we couldn't sell our house and investments also, but now things are ok and we are all set to do that provided we our PR card is renewed or we get travel documents.

Now I need to know what to do if I have to go to Canada again, I am ready to sell my home, property and family business and move there for good. I will take entire money to Canada.

Please let me know what I should do, do i have any chance for a renewed PR/travel document

thanks for your time

 

[Leon]

You can try for a travel document or if you do not want to take the chance, you can try to get a US visa and enter at the land border with your expired cards. You will then be at the mercy of the immigration officers to let you enter without reporting you for not meeting the residency requirements but even if they do, you still have a chance to appeal and win your PR back.

 

[scylla]

I started a company in Canada in June 2005 and I have been filing mine, my company's and my wife's taxes every year. We still do business in that company and we earn a bit and we keep that in our accounts there, we had hopes to return. I know there is a clause that if you have been employed by a company incorporated in Canada and you are working for it outside Canada then also your days are considered as in Canada.

These days can only be considered as in Canada if you were first hired by the Canadian company to work in Canada and were later transferred to a position in a different country. Also, you cannot be an owner of the company.

 

[ashishsoft]

Dear Scylla/Leon
What is true i mentioned, I wanted to have a fair opinion, I cannot take the risk of entering through USA if they refuse, that would be a great embarrassment and waste of time and money.
By reading my case you might have viewed many of these kinds, do i stand a chance of getting Travel Documents?
If i get travel documents, for how much time would they be valid for?
After getting travel documents, is there still a threat to my PR, if I plan to stay there forever?

Please advise
thanks

 

[Leon]

Dear Scylla/Leon
What is true i mentioned, I wanted to have a fair opinion, I cannot take the risk of entering through USA if they refuse, that would be a great embarrassment and waste of time and money.
By reading my case you might have viewed many of these kinds, do i stand a chance of getting Travel Documents?
If i get travel documents, for how much time would they be valid for?
After getting travel documents, is there still a threat to my PR, if I plan to stay there forever?

Please advise
thanks

You do not really have very good grounds for getting a travel document. If you had been outside Canada taking care of a sick parent, that is one thing but that is not the case as your mother also has a PR card and could have stayed with you in Canada.

As you say, you did attempt to live in Canada in 2008 and left because your business was bad and your wife could not find a job. What makes you think that your business will be better now and that your wife can find a job now? If she can get a job offer and you want to move and settle in Canada now, you could try applying for a travel document based on the job offer or a work permit just in case your travel document is denied. I have no idea if you would get it or not.

If you do get a travel document, they are usually valid for 6 months from what I have heard. Once you are in Canada, you could apply to renew your PR card based on having gained this travel document. It would be best for you to stay in Canada for a full two years though without leaving.

 

[ashishsoft]

Dear Leon
I will apply for the travel document now and hope for the best, if i get travel document and then apply for a renewed PR, is there still a chance that govt. can challenge that document and not renew my PR
i want to sure because this time i am going after selling all my assets back home, so i will have nothing back

thanks

 

[scylla]

Dear Leon
I will apply for the travel document now and hope for the best, if i get travel document and then apply for a renewed PR, is there still a chance that govt. can challenge that document and not renew my PR
i want to sure because this time i am going after selling all my assets back home, so i will have nothing back

thanks

If you are successful in obtaining a travel document, you should return to Canada and live in Canada for a full two years (without leaving for even one day) before applying to renew your PR status. If you do this then you will meet the residency obligation and your PR card will be renewed.