RETAINING PR STATUS, LIVING OUTSIDE CANADA

[kishana]

I am presently living outside Canada. I received my PR card about 2 years ago, and have spent barely 15 days in Canada.
My concern now is because I seem to be in danger of losing my PR status. However, I am not in a position to move to Canada permanently right now because my son is studying abroad in the middle east, and I don't feel good to leave him here although he is a grown up young lad.
Is there any way I can keep my PR without having to move to Canada immediately? I would love to move there ultimately, but how?Please advise. I shall be so thankful
Regards
K

 

[Leon]

You are allowed up to 3 years outside Canada as a PR so you still have one year before you have to move and stay for 2 in order to meet the RO (residency obligation).

The only acceptable reasons for not meeting the RO would be 1) accompanying your Canadian citizen spouse outside Canada, 2) being a PR who is employed by a Canadian employer and who was transferred by this employer to a full time position outside of Canada or 3) you are accompanying a PR spouse who falls under 2).

There are some humane and compassionate reasons which can be considered such as having to stay outside Canada to take care of a seriously ill relative along with proof or serious medical issues of your own.

However, accompanying a grown child who chooses to study outside Canada would not be considered H&C grounds to keep your PR.

Your son should also watch out for his PR if he has one. Leeway is often given to children who were removed from Canada as minors by their parents and want to return first chance as adults. However, as you say, your son is already grown so it is now his decision to study outside Canada. During his studies, he may lose his PR and may be unable to return and he will be too old for you to attempt to sponsor him again.

 

[kishana]

Thanks, Leon, but is there no other way of keeping my PR while staying with my son? One reason is the complete turmoil/instability in the middle eastern region in addition to other things ..., but I just wonder - what if I could buy some property or deposit all my savings or jewellery in Canada or something like that - anything that could possibly help me live near my son and later move to Canada?

The second thing is regarding my son's PR - you said I couldn't possibly help him in future. The problem now is that he's doing his medicine. I did contact all universities in Canada and they do not allow student transfers from abroad. He is in fourth year of his seven year study.

I am at a loss - I don't know what to do.

Please advise if you possibly can. Thank you so much

 

[Leon]

Thanks, Leon, but is there no other way of keeping my PR while staying with my son? One reason is the complete turmoil/instability in the middle eastern region in addition to other things ..., but I just wonder - what if I could buy some property or deposit all my savings or jewellery in Canada or something like that - anything that could possibly help me live near my son and later move to Canada?

The second thing is regarding my son's PR - you said I couldn't possibly help him in future. The problem now is that he's doing his medicine. I did contact all universities in Canada and they do not allow student transfers from abroad. He is in fourth year of his seven year study.

I am at a loss - I don't know what to do.

Please advise if you possibly can. Thank you so much

It does not matter how many properties you buy in Canada, how much savings you deposit, you must still meet the RO. If you choose to stay outside Canada in order to be able to live near your grown son, you will have a problem with your PR.

One option you have is you could move now and you would have 3 years to meet a 2 year residency obligation which means that in the next 3 years, you could stay in Canada 8 months a year and 4 months a year with your son and still meet the RO. Your goal should be that on your 5 year PR anniversary, you have at least 730 days spent in Canada. Then you can renew your PR card without a problem.

Your son may be able to immigrate on his own when he completes his studies. However, it is an uphill battle for foreign educated doctors. He will need to pass licensing exams in Canada as well and getting placed for exams may be hard because I have heard they only have so many spots and Canadian medical students have priority.

Immigration will not care that he could not transfer. They will say that when you got your PR 2 years ago, he had only completed 2 years. He could have quit and started from scratch in Canada or they may say that he could have changed his field of studies. In any case, they will say it was his choice to stay and study outside Canada and your choice to stay with him.

 

[kishana]

Thanks, Leon, for your explaining the matter in detail. However, it is a tough decision that I have to make ... Honestly, I don't know what to do ... I wish there were other options ...
Thanks again

 

[kishana]

Leon, sorry, I had another question:
A friend of mine said PR rules have changed, that we have to stay for 4 years continuously to renew PR status.
Please clarify
Thank you

 

[Leon]

Leon, sorry, I had another question:
A friend of mine said PR rules have changed, that we have to stay for 4 years continuously to renew PR status.
Please clarify
Thank you

No, that is not true. The qualification period to apply for citizenship has changed. Used to be 3/4 years in Canada, as of next summer, it will be 4/6 years.

The RO for PR has not changed.

 

[david1697]

krishana, Leon gave you accurate information. CIC does not provide any other options, except as mentioned by Leon, to retain your PR status in Canada if you don't stay 730 days out of 5 years in Canada.

There are simply no other alternatives.

If the affected party were Canadian Citizens (or Citizens of countries who are accustomed to Western values), then they would run campaigns, collect signatures, approach MP's and create a public awareness about this issue. Law is made by elected lawmakers and lawmakers do what is approved by Public Opinion (otherwise lawmakers can loose their jobs).

Since majority of immigrants do not have similar concepts in their home countries and are not accustomed to how Western Democracy works, they end up doing things that they are accustomed to doing in their own countries (trying to outsmart the system and search for obviously unlawful and indefensible methods of accomplishing a goal, for example lie to CBSA officer about RO or fill out falsified PR residence application, without meeting the RO requirement. Or they assume any reason they stay out of Canada can be argued to be under H&C grounds, when it can't).
In the end it backfires, it hardens Canadians and their lawmakers and I guarantee that if immigrants continue pursuing this subject the wrong way then sooner than later Canadians will impose even stricter requirements (return 6 mo out of 1 yr requirement, institute harsher penalties and etc.).

Please understand: things in Western countries don't work the way they may be working where you live.

Additionally, in the eyes of Canadian society your son is a grown adult man or already mature enough to take care o himself (most North American students move out of parents' house and live by themselves in school campuses, thousands of miles away from their parents).
You can not get a waiver of RO because you want to stay with your son while he goes to school.
And where he goes to school is ultimately his choice.

You will need to move to Canada to preserve your residency or fall under one of the exceptions mentioned by Leon.

 

[steaky]

The second thing is regarding my son's PR - you said I couldn't possibly help him in future. The problem now is that he's doing his medicine. I did contact all universities in Canada and they do not allow student transfers from abroad. He is in fourth year of his seven year study.

They might not allow students to directly transfer from abroad, but they allow exchange students from affiliate universities outside Canada to come attend their university courses. You or your son should probably explore this option.

 

[polara69]

krishana, Leon gave you accurate information. CIC does not provide any other options, except as mentioned by Leon, to retain your PR status in Canada if you don't stay 730 days out of 5 years in Canada.

There are simply no other alternatives.

If the affected party were Canadian Citizens (or Citizens of countries who are accustomed to Western values), then they would run campaigns, collect signatures, approach MP's and create a public awareness about this issue. Law is made by elected lawmakers and lawmakers do what is approved by Public Opinion (otherwise lawmakers can loose their jobs).

Since majority of immigrants do not have similar concepts in their home countries and are not accustomed to how Western Democracy works, they end up doing things that they are accustomed to doing in their own countries (trying to outsmart the system and search for obviously unlawful and indefensible methods of accomplishing a goal, for example lie to CBSA officer about RO or fill out falsified PR residence application, without meeting the RO requirement. Or they assume any reason they stay out of Canada can be argued to be under H&C grounds, when it can't).
In the end it backfires, it hardens Canadians and their lawmakers and I guarantee that if immigrants continue pursuing this subject the wrong way then sooner than later Canadians will impose even stricter requirements (return 6 mo out of 1 yr requirement, institute harsher penalties and etc.).

Please understand: things in Western countries don't work the way they may be working where you live.

Additionally, in the eyes of Canadian society your son is a grown adult man or already mature enough to take care o himself (most North American students move out of parents' house and live by themselves in school campuses, thousands of miles away from their parents).
You can not get a waiver of RO because you want to stay with your son while he goes to school.
And where he goes to school is ultimately his choice.

You will need to move to Canada to preserve your residency or fall under one of the exceptions mentioned by Leon.

Beautifully said.. plus 10 (if I could)

 

[journey21]

No, that is not true. The qualification period to apply for citizenship has changed. Used to be 3/4 years in Canada, as of next summer, it will be 4/6 years.

The RO for PR has not changed.

Hi Leon (or anyone else for that matter),

Regarding what you wrote, so let's say I am granted Canadian PR under EE from 1 June 2015.
So according to what you said, I would have to live in Canada from 1 June 2015 for at least 4 out of the next 6 years (till 31 May 2021)
in order to qualify to apply for Citizenship (a separate process which would take another 2(?) years)?

Or do I have to live in Canada for just 3 of the next 4 years (wef. 1 June 2015) in order to qualify for citizenship? (Since I was granted PR on 1 June 2015,
which is BEFORE next summer as you mentioned)?

Could you clarify please?

Thank you.

Regards.

 

[scylla]

It doesn't matter when you became a PR for citizenship residency requirement purposes. What matter is when you submit your application for citizenship. So assuming the law goes into effect next year, you will be applying under the 4 out of 6 year rule.

 

[Leon]

Like scylla said, getting PR is completely unrelated to applying for citizenship to getting PR today does not mean that you will apply for citizenship under the rules of today. You will apply for citizenship under whichever rules are in effect when you are ready to apply. If you get PR today, you will not be able to stay 3 years before the new rules come into effect which means you can not apply under the rules of today. Unless the new rules change again before you apply, you will apply under the new rules.

Same as if somebody comes to Canada as a student and is planning on applying for PR under some immigration class. Should this immigration class change before he is ready to apply, he will have to find a new immigration class to apply under. Immigration will not give him any leeway because he was already in Canada as a student and was working on qualifying under some class which does not exist any more. You can apply under some rule only if the rule is still in effect when you apply and that goes for everything.

 

[polara69]

I find it really annoying and irrelevant when people complain, whether it is 3, 4 or 6 years, I DO NOT CARE. If one came to Canada to stay and make it your home, then it should not matter. It only matters to those who are looking to get a glorified visitor visa. But eventually they will run out of time and probably lose it all, well, tough!

 

[journey21]

It doesn't matter when you became a PR for citizenship residency requirement purposes. What matter is when you submit your application for citizenship. So assuming the law goes into effect next year, you will be applying under the 4 out of 6 year rule.

Thanks.