RO not met - options to move to Canada now?

[canadian001]

My friend did his PR landing around 2017/01/15, and went back to US immediately. Due to some issues he couldn't move to Canada until yet. Now, his employer is offering to transfer him to their Canadian branch.

He doesn't met the RO requirements anymore (since he spent more than 3 years outside Canada). What are his options to move to Canada now? Can someone provide their opinion on following options:

1) Come on existing PR, there is a risk of CBSA officer noticing that he didn't meet residency requirements, and can report him. If so, he can loose his PR. Even if officer doesn't report him, it would not be advisable for him to leave Canada for few years (until he renews his PR). That travel restrictions might not be acceptable to him (as his employer might want him to travel to US).

2) Make H&C application. If approved, he can retain his PR and also make short trips outside Canada. However, he might not have a strong case. Not sure if any argument can be made for delay in moving due to COVID.

3) Renounce the PR. Ask employer to apply for intra-company transfer to Canada and apply for Canadian Work Permit. Parallely apply for new PR through express entry again.

4) Any other option?

 

[canadian001]

Tagging few seniors: @scylla @canuck_in_uk @canuck78 @Bs65

 

[canuck78]

If he needs to travel outside Canada on a regular basis once his PR card expires he won’t be able to fly back to Canads.

 

[Islander216]

1. I'm not very knowledgeable about how the system works when you haven't fulfilled your RO and you enter Canada and aren't reported, so i'll leave that to someone else. I'm assuming you'll only trigger another RO count when you try to apply for a PR card. The border agent will know if you haven't fulfilled your RO, but whether or not you'll be reported is up to their discretion.

2. He won't have a strong case, covid is not a good enough reason. It's clear he didn't prioritise settling in Canada during this period, unless he can demonstrate very good reasons for not doing so, it's not going to work.

3. If he needs to move around, that might be the best solution. If he is committed to remaining in Canada and fulfilling his next count in the 5 years before he applies for another PR card, it would be better not to renounce. That is provided he isn't reported for non-compliance for RO when he enters Canada.

 

[steaky]

Ask your friend to travel to Canada via a land border.

 

[canadian001]

If he needs to travel outside Canada on a regular basis once his PR card expires he won’t be able to fly back to Canads.

What about before his PR card expires? Does he have risk of being reported if he re-enters Canada with valid PR card, and not having met RO?

Ask your friend to travel to Canada via a land border.

Does it reduce the risk of being reported by CBSA officer?

Please note that his PR card is valid (he got it in mid-2017).

 

[canadian001]

He is looking for a solution in which he is able to frequently (every few months) travel outside Canada (e.g: to his company headquarters in U.S.)

 

[scylla]

What about before his PR card expires? Does he have risk of being reported if he re-enters Canada with valid PR card, and not having met RO?


Does it reduce the risk of being reported by CBSA officer?

Please note that his PR card is valid (he got it in mid-2017).

Each time he enters or re-enters Canada he risks being reported.

There's no difference between land and air borders.

 

[canadian001]

Thanks @scylla
What approach you would recommend for him in this case?

 

[scylla]

Thanks @scylla
What approach you would recommend for him in this case?

I don't have an opinion on the matter. It's really up to him. None of the paths are guaranteed.

 

[mpsqra]

My friend did his PR landing around 2017/01/15, and went back to US immediately. Due to some issues he couldn't move to Canada until yet. Now, his employer is offering to transfer him to their Canadian branch.

He doesn't met the RO requirements anymore (since he spent more than 3 years outside Canada). What are his options to move to Canada now? Can someone provide their opinion on following options:

1) Come on existing PR, there is a risk of CBSA officer noticing that he didn't meet residency requirements, and can report him. If so, he can loose his PR. Even if officer doesn't report him, it would not be advisable for him to leave Canada for few years (until he renews his PR). That travel restrictions might not be acceptable to him (as his employer might want him to travel to US).

2) Make H&C application. If approved, he can retain his PR and also make short trips outside Canada. However, he might not have a strong case. Not sure if any argument can be made for delay in moving due to COVID.

3) Renounce the PR. Ask employer to apply for intra-company transfer to Canada and apply for Canadian Work Permit. Parallely apply for new PR through express entry again.

4) Any other option?

1.- does his PR card valide? 2022?
2.- as he would work in a Canadian branch company (payment have to be done in Canada, even his company headquarters in U.S. ) , he could travel outside Canada with no problem,
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10
https://www.canada.ca/en/immigratio...-immigrants/pr-card/understand-pr-status.html

**for me, it is important to have a legal advice**

additional related info
https://www.canada.ca/en/immigratio...ral-requirements-r205-exemption-code-c12.html

 

[scylla]

2.- as he would work in a Canadian branch company (payment have to be done in Canada, even his company headquarters in U.S. ) , he could travel outside Canada with no problem,
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10
https://www.canada.ca/en/immigratio...-immigrants/pr-card/understand-pr-status.html

Incorrect. That's not how this rule works. To be able to count time spent outside of Canada towards PR through working for a Canadian company, you first have to be hired for a permanent role in Canada by that Canadian company. At a later date, you then have to be transferred to a temporary role outside of Canada with that same company.

OP never spent time in Canada. So not possible to count the time outside of Canada towards PR. He doesn't meet the basic criteria to be able to do this.

 

[canadian001]

Quick update: He got his PR renunciated (as he didn't wanted to take the risk of being reported at border, and then restriction of no international travel for few years) (it took ~2.5 weeks for renunciation application to be processed). He is in conversations with his employer for the work visa filing. It would be inter-company transfer from US branch to Canadian branch of same company.

Few question:

1) has IRCC re-started processing work permit applications after it stopped due to COVID?

2) would the work visa require LMIA or would it be LMIA exempt (for inter-company transfer)?

3) which visa category/stream he would be applying under? would it be Global skills strategy? or regular work permit application? He is employed in managerial position in a tech company in US.

4) what's the average processing time for the that category? Also, is there a way to expedite the application (e.g.: 2-week processing)?

 

[steaky]

You can phone IRCC to find out if they re-started (while COVID is there)!